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   Federal Courts - 9th Circuit Court of Appeals - January 13, 2006

  
Wasco Prods. v. Southwall Techs., Inc., No. 04-15171, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 13, 2006, Filed
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Overview: Under Fed. R. Civ. P. 9(b), skylight system manufacturer was required to plead basic elements of civil conspiracy in complaint in order to raise issue in attempt to toll statute of limitations in action against suppliers; civil conspiracy claim alleging misrepresentation could not be raised for first time in response to summary judgment motion.

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Wasco Prods. v. Southwall Techs., Inc., No. 04-15171, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 13, 2006, Filed
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Overview: District court properly granted summary judgment in a lawsuit by one corporation against other corporations; plaintiff waived its arguments for equitable tolling of the limitations period and that a "tolling agreement" extended the limitations period, and admissions by plaintiff's employee defeated plaintiff's equitable estoppel argument.

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Weaver v. Cal. State Prison Lancaster Staff, No. 04-57008, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 13, 2006, Filed
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Wolfe v. Deeb, No. 05-15519, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 13, 2006, Filed
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Wu v. Gonzales, No. 04-72480, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 13, 2006, Filed
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Xu v. Chertoff, No. 04-17366, No. 05-15180, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 13, 2006, Filed
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Overview: Alien's kidnapping conviction under Cal. Penal Code § 207(a) was an aggravated felony within the meaning of 18 U.S.C.S. § 16(b); the very nature of kidnaping involved a substantial risk of the use of physical force. Thus, alien was removable under 8 U.S.C.S. § 1227(a)(2)(A)(iii) and was not eligible for suspension of deportation.

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