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| Adams v. State Dep't of Health Servs., No. 04-56880,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, February 13, 2007, Filed
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Overview: Where a job applicant, suing a state health department and its employees, filed a second complaint, alleging claims that she had unsuccessfully tried to add via a motion to amend, her second complaint was properly dismissed as duplicative as the actions shared a transactional nucleus of facts regarding the reopening of her background investigation.
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| Grateful Palate Inc. v. Joshua Tree Imps., LLC, No. 06-55855,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, February 13, 2007, Filed
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Overview: Preliminary injunction was improperly denied on basis Monte Carlo Shirt, Inc. v. Daewoo Int'l (America) Corp. required rejecting infringement claim absent showing that wines imported by LLC were materially different from wines holder sold under its trademarks. Monte Carlo's applicability in Lanham Act cases was serious question that went to merits.
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| Gump v. Comm'r, No. 05-35226,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, February 13, 2007, Filed
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Overview: Substantial evidence supported Commissioner of Social Security's denial of application for benefits because ALJ properly rejected claimant's subjective testimony regarding severity of his symptoms with specific findings that provided clear and convincing reasons for rejecting testimony. ALJ considered whether symptoms were psychologically based.
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| Phillips v. Hust, No. 04-36021,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, February 13, 2007, Filed
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Overview: District court properly granted summary judgment to a prisoner in his 42 U.S.C.S. § 1983 action against a prison librarian for denial of access to the courts because the librarian's arbitrary refusal to allow the prisoner access to a binding machine hindered his ability to timely file a petition for certiorari with the U.S. Supreme Court.
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| Sanchez v. Bureau of Immigration & Customs Enforcement, No. 05-56665,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, February 13, 2007, Filed
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| United States v. Bentson, No. 05-10452,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, February 13, 2007, Filed
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Overview: Because defendant represented himself at trial, he was allowed to present his testimony in narrative form. The trial court was entitled, under Fed. R. Evid. 403, to limit his testimony when his arguments became repetitive, irrelevant, and excessively confusing. The judge repeatedly warned him of maintaining relevancy and of the time limit.
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| United States v. Herrera-Torres, No. 05-50794,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, February 13, 2007, Filed
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| United States v. Hiett, No. 06-30272,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, February 13, 2007, Filed
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Overview: District court did not abuse discretion by denying motion to withdraw guilty plea, as defendant failed to show fair and just reason to withdraw plea under Fed. R. Crim. P. 11(d)(2)(B). His arguments regarding firearm charge, government's offer of proof, and counsel's preparation of defense were belied by defendant's own testimony at plea hearing.
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| United States v. Nava-Anaya, No. 05-30534,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, February 13, 2007, Filed
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Overview: A district court did not violate the Sixth Amendment's Confrontation Clause by excluding cross-examination regarding a witness's juvenile adjudications at defendant's criminal trial because the jury was presented with ample evidence, even without those adjudications, to make a discriminating appraisal of the witness's credibility and bias.
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