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| Cordova v. Terhune, No. 05-15322,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 25, 2006, Filed
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Overview: Inmate was entitled to an evidentiary hearing because he presented a colorable claim of ineffective assistance of counsel, as he alleged that his counsel was ineffective for advising him that a 12-year plea offer "would always be there" and for failing to inform him until after a motion to dismiss was denied that the plea offer had been withdrawn.
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| Dubray Land Servs., Inc. v. Mesa Communs. Group, LLC, Nos. 04-35748, 04-35784,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 25, 2006, Filed
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Overview: In a tortious interference with contract and breach of contract case, the decisions of the district court were affirmed because, inter alia, sufficient evidence supported the jury verdict, and the district court did not abuse its discretion in its evidentiary rulings or by denying a communications company's motion for attorney fees.
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| Hashemi-Rohani v. Gonzales, No. 03-73798,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 25, 2006, Filed
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Overview: Petition for review was denied in action under 8 U.S.C.S. § 1252 where alien failed to establish eligibility for asylum because he did not meet burden of providing credible, direct, and specific evidence to demonstrate past persecution or well-founded fear of future persecution, and substantial evidence supported adverse credibility determination.
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| Ito v. Tokio Marine & Fire Ins. Co., No. 04-55145,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 25, 2006, Filed
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Overview: A district court's decision dismissing contract and fraud claims against a Japanese insurance company on the basis of forum non conveniens was reversed and remanded because, inter alia, the district court misapprehended the nature of the claims before it and improperly apportioned the burden of proof.
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| Lee v. Gonzales, No. 03-36026,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 25, 2006, Filed
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| Maggitt v. Hamlet, No. 04-55268,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 25, 2006, Filed
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| Mendez v. County of L.A., No. 04-55476,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 25, 2006, Filed
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Overview: A district court's denial of an individual's motion for a new § 1983 trial was affirmed because the evidence was sufficient to show that a police officer was acting as a private citizen when he fired his gun, and the district court did not abuse its discretion in answering a jury question or denying the motion on the basis of jury misconduct.
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| Mora v. Constr. Laborers Pension Trust for S. Cal., No. 04-55594,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 25, 2006, Filed
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Overview: District court properly concluded that contributions made to "Vacation Trust" on behalf of construction workers did not generate service hour credits under 29 C.F.R. § 2530.200b-2, which interpreted ERISA 29 U.S.C.S. § 1052; hours were already counted once because payments were made for time during which employees worked and were held in savings.
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| Reynolds v. Hartford Fin. Servs. Group, Inc., No. 03-35695, No. 04-35279,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 25, 2006, Filed
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