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| Diaz v. Int'l Longshoremen's & Warehousemen's Union, Local 13, No. 04-56957,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, February 2, 2007, Filed
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Overview: District court erred when it dismissed longshoremen's claim that a union breached its duty of fair representation when the union did not inquire about available positions with its affiliated employers and by not placing the longshoremen on the hiring hall lists. The union's factual contentions to the contrary were not properly before the court.
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| Northwest Ecoystem Alliance v. United States Fish & Wildlife Serv., No. 04-35860,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, February 2, 2007, Filed
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Overview: Agency had articulated a reasonable basis, the Washington western gray squirrel population's lack of biologically and ecologically distinguishing features, for its conclusion that the loss of the population would not cause a significant gap; therefore it would not list the squirrels as an endangered "distinct population segment" under the ESA.
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| Potts v. Zettel, No. 05-15324, No. 05-16247,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, February 2, 2007, Filed
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Overview: Cal. Bus. & Prof. Code § 651(h)(5)(A) was improperly declared unconstitutional via summary judgment as survey evidence that a state dental board submitted to prove the potentially misleading nature of dentists' advertisements that were prohibited by § 651(h)(5)(A), while properly admitted, was not determinative, and an issue of fact remained.
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| Singh v. Gonzales, No. 04-75328,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, February 2, 2007, Filed
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Overview: Asylum applicant's petition for review was granted because an IJ made an adverse credibility determination noting concerns about a marriage of convenience, but the applicant had not lied about the marriage. The explanation that he provided for the marriage was fully consistent with his reasons for seeking asylum under 8 U.S.C.S. § 1158.
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| United States v. Valle-Montalbo, No. 05-50876,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, February 2, 2007, Filed
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Overview: Plain text of Cal. Health & Safety Code § 11378 and state case law confirmed that § 11378 only criminalized possession of dangerous drugs with intent to sell. The 16-level enhancement under U.S. Sentencing Guidelines Manual § 2L1.2(b)(1)(A) of defendant's sentence based on his prior conviction for possessing methamphetamine for sale was proper.
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| United States v. Zamorano-Leyva, No. 05-10412,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, February 2, 2007, Filed
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Overview: Court upheld defendant's conviction and sentence for possession with intent to distribute marijuana in violation of 21 U.S.C.S. § 841 because the evidence was sufficient to support the conviction as defendant's exclusive dominion and control over a large quantity of drugs constituted circumstantial evidence to establish defendant's knowledge.
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