 | Daily Opinion Summaries
U.S. 9th Circuit Court of Appeals |  | | March 28, 2011 FindLaw.com Daily Opinion Summaries Newsletter |
Table of Contents LATEST SUMMARIES Criminal Law & Procedure, Habeas Corpus, Sentencing
• King v Trujillo
Civil Procedure, Constitutional Law, Environmental Law
• Pacific Merchant Shipping Assn. v. Goldstene
Administrative Law, Civil Procedure
• Strauss v. CSSA
Civil Procedure, Property Law & Real Estate
• Colony Cove Properties, LLC v. City of Carson
Civil Rights, Labor & Employment Law
• Bardzik v. County of Orange
Health Law, Administrative Law, Education Law
• C. B. v. Garden Grove Sch. Dist.
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LATEST SUMMARIES Criminal Law & Procedure, Habeas Corpus, Sentencing
King v Trujillo, No. 11-70847
Petition for a stay of execution and habeas relief under the Antiterrorism and Effective Death Penalty Act of 1996, 28 U.S.C. section 2244(b)(3), are denied where defendant failed to make prima facie showing that his claim is: 1) based on newly discovered evidence; and 2) establishes that he is actually innocent. Read more... Civil Procedure, Constitutional Law, Environmental Law
Pacific Merchant Shipping Assn. v. Goldstene, No. 09-17765
In a constitutional challenge to California's Vessel Fuel Rules as applied to vessels located more than 3 miles from the California coast, district court denial of motion for summary judgment by plaintiff is affirmed where there are genuine issues of material fact. Read more...
Administrative Law, Civil Procedure
Strauss v. CSSA, No. 10-35139
In a dispute arising from an administrative order denying plaintiff social security benefits, order by district court vacating denial is reversed where court failed to determine whether the evidence established that plaintiff was disabled and without such determination, court is without authority to order payment of benefits. Read more... Civil Procedure, Property Law & Real Estate
Colony Cove Properties, LLC v. City of Carson, No. 09-57039
In a dispute arising from a mobile home rent control ordinance passed by defendant-city, judgment by district court is affirmed where court did not err in dismissing action. Read more... Civil Rights, Labor & Employment Law
Bardzik v. County of Orange, No. 09-55103
In a Section 1983 dispute alleging retaliation through adverse employment action, district court's denial of qualified immunity defense is affirmed in part and reversed in part where plaintiff, as Reserve Division Commander of Sheriff's Department, was a policymaker but not during his subsequent position. Read more... Health Law, Administrative Law, Education Law
C. B. v. Garden Grove Sch. Dist., No. 09-56588
In a dispute involving the Individuals with Disabilities in Education Act (IDEA), 20 U.S.C. sections 1400-1482, judgment of trial court awarding full reimbursement for private school placement is affirmed because the IDEA does not require that a private school placement provide all services that a disabled student needs in order to permit full reimbursement. Read more...
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