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| AEG Concerts, LLC v. Hulett, No. 04-57048, No. 05-55214,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 9, 2007, Filed
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Overview: An LLC properly was awarded summary judgment on a service mark infringement claim brought by beneficiaries of a family trust. The beneficiaries did not have standing to bring a claim of infringement under Cal. Bus. & Prof. Code § 14320 because they did not own the mark, as they did not present any evidence that the mark was ever a trust asset.
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| Bonomi v. Gaddini, No. 05-15323,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 9, 2007, Filed
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Overview: On parole officer's First Amendment retaliation claim, while it was questionable whether district court had authority to ask for advisory jury verdict on question of law in suit triable by right to jury, any error was more probably harmless than not given strong evidence that retaliatory acts could minimally, if at all, be attributed to defendant.
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| Carr v. Carey, No. 05-56087,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 9, 2007, Filed
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Overview: Petitioner was not entitled to relief under 28 U.S.C.S. § 2254 because he was not denied effective assistance based on trial counsel's failure to advise petitioner of his right to appeal when record did not suggest that petitioner expressed to counsel a desire to appeal and petitioner conceded that there likely were no non-frivolous appeal issues.
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| Horphag Research Ltd. v. Garcia, No. 04-55373,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 9, 2007, Filed
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Overview: District court properly granted summary judgment for herbal supplement company in action against former dealer for trademark dilution, 11 U.S.C.S. § 1125(c)(1); company provided circumstantial evidence of actual dilution by establishing use of identical Pycnogenol mark for competing products. Company also established that actual blurring occurred.
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| Krieg v. U.M.C. Hosp., No. 04-16825,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 9, 2007, Filed
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Overview: Medical center, as furnisher of credit information, complied with duties imposed by 15 U.S.C.S. § 1681s-2(b) by showing that when it learned that consumer's accounts were payable by government agencies, it recalled unpaid accounts it had forwarded to collection agency and properly billed them, resulting in correction to consumer's credit report.
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| Li Bin Lin v. Gonzales, No. 05-74130,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 9, 2007, Filed
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Overview: Asylum applicant was beaten and threatened with arrest for attempting to prevent birth control officials from confiscating and destroying family property in response to his brother's resistance to forced sterilization. The court held that the applicant's actions satisfied the "other resistance" category set forth in 8 U.S.C.S. § 1101(a)(42)(B).
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| Net Global Mktg. v. Dialtone, Inc., No. 04-56685,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 9, 2007, Filed
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Overview: An arbitration agreement in a service contract was unconscionable where the arbitration provisions appearing on page 12 of a 17 page document were not clearly disclosed and thus met California's test for surprise and a unilateral modification clause rendered the arbitration provision severely one-sided.
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| Olyaie v. GE Capital Bus. Asset Funding Corp., No. 04-16392,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 9, 2007, Filed
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Overview: Utilizing Cal. Civ. Code §§ 1636, 1647 interpretation principles regarding a loan commitment letter and the parties' conduct, an appellate court reversed summary judgment for a lender regarding a failed service station purchase closing as the lender's cancellation might have rendered its performance impossible, and it might have acted in bad faith.
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| United States v. Akins, No. 06-10168,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 9, 2007, Filed
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Overview: A jury's verdict did not preclude a district court from finding that a firearm had been brandished for the purpose of sentencing defendant within the statutory range on his conviction of bank robbery and using a firearm during the robberies because continued use of mandatory minimum sentences based on judicial factfinding was allowed after Booker.
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