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   Federal Courts - 9th Circuit Court of Appeals - January 12, 2006

  
Asuncion v. Gonzales, No. 05-70188, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 12, 2006, Filed
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Burnett v. Resurgent Capital Servs. (In re Burnett), No. 04-15503, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 12, 2006, Filed
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Overview: Where none of the arguments debtors presented to the appeals court were presented to the bankruptcy appellate panel (BAP), and debtors did not explain why they failed to present their arguments to the BAP, and they did not argue that exceptional circumstances justified their omission, debtors waived those arguments.

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Calderon-Ortiz v. Gonzales, No. 03-72653, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 12, 2006, Filed
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Carson Harbor Vill., Ltd. v. County of L.A., No. 04-55024, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 12, 2006, Filed
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Overview: Because plaintiff failed to comply with the public comment requirement and feasibility study requirements of the National Oil and Hazardous Substances Pollution Contingency Plan before it undertook remedial action for cleanup of tar-like slag material, it could not recover damages from defendant under CERCLA.

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Casarez-Gonzalez v. Gonzales, No. 04-75085, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 12, 2006, Filed
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Castellanos v. Gonzales, No. 04-74347, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 12, 2006, Filed
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Castillo-Preciado v. Gonzales, No. 04-76743, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 12, 2006, Filed
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Chen v. Gonzales, No. 04-73561, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 12, 2006, Filed
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Overview: In a very brief order, the court denied a petition for review of the denial of aliens' application for asylum and withholding of removal; aliens did not provide objective evidence supporting one alien's stated fear that, if removed to China, she would be sterilized because she had a second child while living in the United States.

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Coates v. Agilent Techs., Inc., No. 03-17306, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 12, 2006, Filed
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Overview: Because defendants, the sponsors of two pension plans, had discretion to merge those plans and the decision to do so did not implicate defendants' fiduciary duties and plaintiff conceded that the merged plan was properly invested, plaintiff failed to state a claim for a breach of fiduciary duties.

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Davtian v. Gonzales, No. 03-73960, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 12, 2006, Filed
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Overview: Where an asylum applicant claimed she feared persecution in Armenia because her mother was from Azerbaijan but the applicant had returned to Armenia for months-long visits at least three times without incident, substantial evidence supported IJ's finding that the applicant was not credible.

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