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| Dimick v. Donahue, Nos. 04-55461, 04-55473, 04-55546,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 30, 2006, Filed
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Overview: District court's judgment was affirmed where appellate court could not have said that a damages award was legally insufficient as a remedy for conversion because the fair market value of plaintiff's shares as of date of conversion compensated plaintiff for the detriment suffered because damages in that amount indemnified him for unavoidable loss.
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| Miller v. Baxter Healthcare Corp., No. 04-15578,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 30, 2006, Filed
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Overview: Summary judgment was granted in favor of manufacturer because plaintiffs failed to present evidence that the patient-controlled analgesia pump malfunctioned or failed to perform as safely as an ordinary consumer would expect; thus, they failed to make a showing sufficient to establish the existence of an element essential to their case.
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| Snavely v. Miller, No. 04-35814,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 30, 2006, Filed
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| United States v. Russell, No. 04-10681,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 30, 2006, Filed
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Overview: Motion to suppress evidence was denied in a case involving possession of a firearm by a felon because the emergency exception to the warrant requirement applied where defendant called for assistance after shooting himself in the foot; defendant made two calls using different names, and he led police to believe that there was an intruder.
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| United States v. Teague, No. 03-50425,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 30, 2006, Filed
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Overview: Defendant's conviction for violating the Controlled Substances Act was affirmed because both his due process and constitutional claims failed. His sentence was remanded pursuant to the Ameline decision because the district court may have mistakenly assumed that the four-year supervised release term in the pre-sentence report was mandatory.
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| United States v. Williams, No. 04-50182,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 30, 2006, Filed
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Overview: Defendant was entitled to new suppression hearing where U.S. Supreme Court's opinion in Seibert required district court to consider whether law enforcement agents deliberately used a two-step interrogation procedure to circumvent Miranda and, if so, whether midstream Miranda warning effectively apprised defendant of his U.S. Const. amend. V rights.
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| Irwin Mortg. Co. v. Tippett (In re Tippett), BAP Nos. EC-05-1086-BMaS, EC-05-1087-BMaS (Related Cases),
UNITED STATES BANKRUPTCY APPELLATE PANEL FOR THE NINTH CIRCUIT, January 31, 2006, Filed
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Overview: Where debtors, without authorization, sold their home to buyer, bankruptcy court erred in declaring that the liens in favor of the buyer's lenders violated 11 U.S.C.S. § 362 and were void because Ninth Circuit precedent concerning the respective roles of 11 U.S.C.S. §§ 362 and 549 provided that the stay did not apply to debtor-initiated transfers.
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| Planned Parenthood Fed'n of Am., Inc. v. Gonzales, No. 04-16621,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 31, 2006, Filed
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Overview: The Partial-Birth Abortion Ban Act of 2003, 18 U.S.C.S. § 1531, was held to be unconstitutional for three distinct reasons. The appropriate remedy was to enjoin the enforcement of the Act; therefore, a district court's issuance of a permanent injunction enjoining enforcement was affirmed.
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