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| Adidas Am., Inc. v. Payless Shoesource, Inc., No. 04-35553,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 5, 2006, Filed
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Overview: Trademark holders' infringement and dilution claims against corporation were not barred by 1994 settlement agreement between parties because holders released under agreement only those claims they could have brought before dismissal of suit leading to agreement and corporation produced designs at issue in instant case after agreement was concluded.
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| Bouman v. Pitchess, No. 04-55587,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 5, 2006, Filed
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Overview: Where sheriff's department was completing one of the last steps required by a consent decree in a discrimination lawsuit, and an employee association should have known that its interests could be affected by department's promotion and job-assignment procedures, association's motion to intervene under Fed. R. Civ. P. 24 was untimely.
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| Buel v. City & County of San Francisco, No. 04-15547,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 5, 2006, Filed
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Overview: Where plaintiff's 42 U.S.C.S. § 1983 complaint did not include an allegation of municipal liability, the district court properly dismissed with prejudice, pursuant to Fed. R. Civ. P. 12(c), plaintiff's complaint against a city and county.
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| Fantaye v. Gonzales, No. 04-70106,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 5, 2006, Filed
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Overview: Where an alien's allegations suggested that any persecution she or her husband suffered was based on political opinion or a dispute between two families and not on the alien's ethnicity or religion, as the alien claimed, substantial evidence supported the denial of the alien's application for asylum, withholding of removal, and CAT relief.
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| Muyenga v. Gonzales, No. 03-71982,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 5, 2006, Filed
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Overview: Where it was determined that a Ugandan newspaper article supplied by the immigrant in his asylum proceeding that stated the immigrant was missing and thought to have been abducted was forged, the appellate court agreed with the determination that the forged document undercut the credibility of the immigrant's story as a whole.
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| Stevedoring Servs. of Am. v. Price, No. 02-71207, No. 02-71578,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 5, 2006, Filed
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| United States v. Garver, No. 05-30104,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 5, 2006, Filed
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Overview: District court properly relied on undisputed facts contained within PSI to conclude that defendant's victim's unstable home life and prior sexual abuse made her unusually vulnerable to defendant's crime. Moreover, the application of vulnerable-victim enhancement to sentence did not constitute impermissible double counting of certain facts.
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| United States v. Heras, No. 04-10626,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 5, 2006, Filed
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| United States v. Schnepper, No. 04-10100,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 5, 2006, Filed
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Overview: Where defendant started e-mailing pornographic pictures to someone (an undercover agent) he believed was a minor within minutes after initiating contact with her, a reasonable jury could have found that defendant was predisposed to commit the offenses for which he was convicted, i.e., violations of 18 U.S.C.S. §§ 2422(b) and 1470.
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