9th Circuit Court of Appeals

Opinions Filed in October 2015

EEOC v. McLane Co.

The Equal Employment Opportunity Commission has broad powers to investigate potential violations of Title VII, and need only establish that the evidence it seeks is relevant and material, not that it is necessary, to the investigation.

Area(s) of Law:
  • Employment Law

Crittenden v. Chappell

A preemptory challenge violates the Equal Protection Clause if the challenge is motivated in substantial part by race, regardless of whether the strike would have been made had race not played a role.

Area(s) of Law:
  • Criminal Procedure

Pauma v. State of California

The doctrine of retroactivity does not apply to contracts.

Area(s) of Law:
  • Contract Law

Hajro v. USCIS

In order to retain jurisdiction under a settlement agreement, the order dismissing the case with prejudice needs to incorporate the terms of the agreement or expressly retain it.

Area(s) of Law:
  • Civil Procedure

In re ChinaCast Educ. Corp. Sec. Litig.

The securities common law adverse interest rule is generally not applied in cases where an innocent third party relies on an agent’s apparent authority.

Area(s) of Law:
  • Corporations

United States v. Eyraud

Pursuant to the Mandatory Victims Restitution Act 18 U.S.C. § 3663A, courts have discretion to include attorneys’ fees in a restitution order when the victim acquired “reasonably necessary” expenses to involve law enforcement in prosecuting a defendant.

Area(s) of Law:
  • Criminal Law

United States v. Ochoa

A district court's sentence of imprisonment will not be final unless there is a formal break in proceedings where it can be logically and reasonably determined that the sentencing has finished.

Area(s) of Law:
  • Criminal Procedure

United States v. Conti

Omission of an element from jury instructions is not plain error where the facts supporting the element are proven by strong and convincing evidence.

Area(s) of Law:
  • Criminal Law

Moscoso-Castellanos v. Lynch

When served with notice to appear, an immigrant’s time of physical presence stops accruing upon notice, so long as the notice is full.

Area(s) of Law:
  • Immigration

Stanislaus Food Prods. v. USS-POSCO Indus.

Allegations of conspiracies, based on circumstantial evidence, that violate the Sherman Antitrust Act must show specific evidence of the conspiracy, as well as evidence that tends to exclude the conclusion that the alleged conspirators acted individually.

Area(s) of Law:
  • Civil Law

ASSE Int’l v. Kerry

Due process under the Administrative Procedure Act is violated when a person or entity does not have a meaningful opportunity to rebut significant portions of the evidence that an agency uses against it.

Area(s) of Law:
  • Administrative Law

Bikram's Yoga College v. Evolution Yoga

Copyright law protects only an expression of an idea, the words and pictures that describe the idea, but does not protect the idea itself.

Area(s) of Law:
  • Copyright

Swoger v. Rare Coin Wholesalers

A continuance to conduct discovery is not appropriate when the party seeking the continuance had not diligently pursued the information requested.

Area(s) of Law:
  • Civil Procedure

Glick v Edwards

Under the rule of necessity, a judge may hear a case in which that judge is named a defendant to the case if the case cannot be heard otherwise.

Area(s) of Law:
  • Appellate Procedure

WB Partners v. CIR

A joint venture is a valid partnership when evidenced by: (1) the parties executing the terms of their agreement; (2) each party contributing; (3) the parties controlling their income and capital and reserving the right to make withdrawals; (4) each party being a principal and coproprietor sharing profits and losses equally; (5) conducting business in the joint names of both parties; (6) the parties filing Federal partnership returns; (7) separate books of accounts existing; and (8) parties mutually controlling responsibilities for the enterprise.

Area(s) of Law:
  • Tax Law

Chavez-Solis v. Lynch

When a convicting statute is categorically broader than the federal statute, and there is a realistic probability that the convicting statute would be applied to conduct not in the federal statute, the conduct is not an aggregated felony.

Area(s) of Law:
  • Immigration

McMonagle v Meyer

A misdemeanor appeal is immediately final in California once the California court of Appeals makes a final decision on the case.

Area(s) of Law:
  • Criminal Law

United States v. Moser

The lodestar method requires the court to calculate an attorney’s fee award by multiplying the market billing rate by the hours reasonably expended, regardless of a contingency fee agreement.

Area(s) of Law:
  • Attorney Fees

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