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| Cemex Inc. v. L.A. County, No. 04-56050,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, February 10, 2006, Filed
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Overview: In a very brief order, the court upheld a consent decree. Acting as lead agency under California law, the County of Los Angeles, California, negotiated at arms length and in good faith to settle a dispute about a mining project, and the County obtained environmental concessions in exchange for its approval of the project.
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| Johnson v. Columbia Props. Anchorage, LP, No. 04-35592, No. 04-35671,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, February 10, 2006, Filed
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Overview: Although limited liability companies (LLCs) shared some characteristics of corporations, courts generally declined to treat them as corporations for diversity purposes; thus, like a partnership, an LLC was a citizen of every state in which it's owners/members were citizens.
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| Kheiro v. Gonzales, No. 03-74542,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, February 10, 2006, Filed
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Overview: Where IJ relied on conjecture and speculation when finding an alien was not credible, and IJ failed to afford alien an opportunity to explain discrepancies and, thereby, denied alien a fair hearing, and IJ found that alien likely would be tortured if he returned to Iraq, alien was entitled to withholding of removal.
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| United States v. Gonzalez, Inc., No. 04-10041,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, February 10, 2006, Amended
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Overview: A father and son who owned and managed a bus company had a reasonable expectation of privacy at their headquarters office so that they had standing to challenge a wiretap under the Fourth Amendment, not just the intercepted conversations in which they personally participated. The government failed to prove the necessity of the wiretap.
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| United States v. Lynch, No. 02-30216,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, February 10, 2006, Filed
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Overview: There was sufficient evidence of a direct effect on interstate commerce to satisfy the Hobbs Act, 18 U.S.C.S. § 1951, where the defendant had, inter alia, lured a murder victim out of state using interstate telephone lines and an accomplice testified that defendant killed the victim with a firearm that had been transported interstate.
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| United States v. Ozar, No. 04-50563,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, February 10, 2006, Filed
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Overview: Information that defendant filled exceptionally large prescriptions for numerous patients from one doctor was sufficient to establish probable cause to search a pharmacy for evidence that defendant had knowingly, on with deliberate ignorance, filled unlawful prescriptions.
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