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   Federal Courts - 9th Circuit Court of Appeals - February 12, 2007

  
Alva v. Lockyer, No. 04-57139, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, February 12, 2007, Filed
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Campbell Concrete of Cal., Inc. v. Am. Int'l Group, Inc., No. 04-57140, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, February 12, 2007, Filed
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David Parsons & Assocs. v. Ridge, No. 05-35279, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, February 12, 2007, Filed
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Healy v. MCI Worldcom Network Servs., Nos. 06-15156, 06-15576, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, February 12, 2007, Filed
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Overview: A district court did not abuse its discretion in conforming a complaint under Fed. R. Civ. P. 15(b) to include a cause of action for fraud along with a breach of contract claim by a terminated employee based on the statements of the employer's successor's attorney because the successor was not prejudiced by the amendment.

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Lands Council v. Martin, No. 06-35781, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, February 12, 2007, Filed
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Overview: Where the U.S. Forest Service authorized logging, after a forest fire, in three areas of a national forest of dead and dying trees, a preliminary injunction was improperly denied per the National Forest Management Act, 16 U.S.C.S. §§ 1600-1614, as the applicable forest plan stated that no "live" trees could be harvested, including the dying trees.

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Moore v. McGrath, No. 04-57192, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, February 12, 2007, Filed
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Overview: Any error in allowing a witness to invoke Fifth Amendment right to remain silent would not have had substantial and injurious influence on verdict, as any testimony from witness supporting petitioner's denial of involvement in manufacturing methamphetamine would have been thoroughly undermined by his admissions and corroborating physical evidence.

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Ogle v. Stewart, No. 04-17534, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, February 12, 2007, Filed
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Overview: Where a state inmate, who tripped over a mattress and was injured, sued, pursuant to 42 U.S.C.S. § 1983, alleging a violation of his Eighth Amendment rights, summary judgment was properly granted in favor of a corrections department director because the inmate failed to demonstrate that the director acted with a sufficiently culpable state of mind.

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Swartz v. KPMG LLP, No. 05-35167, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, February 12, 2007, Filed
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Overview: In dismissing businessman's action for fraud and civil conspiracy under Fed. R. Civ. P. 12(b)(6), district court erred in concluding that reasonable reliance on alleged misrepresentations related to failed tax shelter could not be demonstrated as matter of law under allegations of complaint. Further, amendment could satisfy Fed. R. Civ. P. 9(b).

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United States v. Blanton, No. 05-50302, No. 05-50717, No. 05-50752, No. 05-50887, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, February 12, 2007, Filed
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Overview: Where district court granted Fed. R. Crim. P. 29 motion for acquittal on sentencing enhancement charge under Armed Career Criminal Act, 18 U.S.C.S. § 924(e), based on finding that juvenile adjudications could not serve as predicate offenses, U.S. Const. amend. V's Double Jeopardy Clause barred Government from appealing under 18 U.S.C.S. § 3731.

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United States v. Buckles, No. 06-30036, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, February 12, 2007, Filed
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