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| Aholelei v. Hawaii, No. 06-15086,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, February 14, 2007, Filed
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Overview: District court erred in granting summary judgment to prison officials in their individual capacities on a former prisoner's claim that the officials failed to protect him from harm while incarcerated in violation of the Eighth Amendment because it was error to treat advance notification as a necessary element of such claim.
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| Am. Structural Composites, Inc. v. ICBO Evaluation Servs., No. 05-15817,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, February 14, 2007, Filed
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Overview: Release clause was enforceable because the relationship between defendants and applicants for certification was not subject to regulation or governmental oversight of any kind, the certification of construction products was a relatively narrow field, and the service provided by defendants was not available to the general public.
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| Brady v. PPL Mont., LLC, No. 06-35007,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, February 14, 2007, Filed
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Overview: Appellate court certified question of whether Mont. Code Ann. § 39-71-413 was unconstitutional under certain provisions of the state constitution based on an employee's argument that the statute was unconstitutional because it eliminated vicarious liability while allowing employers who were individuals to be sued for their own intentional actions.
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| Chaidez v. Gonzales, No. 02-71966,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, February 14, 2007, Filed
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Overview: BIA incorrectly found that an alien was properly served with an Order to Show Cause in 1994 and thus subject to deportation; the Government did not meet its burden, under former 8 U.S.C.S. § 1252b(c)(1) and explicated in Grijalva, of establishing that the alien or a responsible person at the alien's address signed the certified mail return receipt.
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| Fernandez v. Chertoff, No. 05-15873,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, February 14, 2007, Filed
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Overview: In discrimination suit under 29 U.S.C.S. § 791, employee did not create triable fact issue as to whether claim by INS that it terminated her based on her inability to submit cases in timely fashion was pretextual. It was undisputed that INS identified her case backlog as problematic in performance review before they were informed of her disability.
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| Klein v. Helling, No. 04-16187,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, February 14, 2007, Filed
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Overview: Where a state inmate claimed that he was denied a fair trial due to ineffective assistance of his trial counsel, and twice cited the Sixth Amendment case of Strickland, the court found that the exhaustion requirement had been satisfied as to two grounds in the inmate's habeas corpus petition.
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| Oria v. Gonzales, No. 04-73707,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, February 14, 2007, Filed
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Overview: Res judicata did not apply to preclude the government's reliance on the 1987 theft convictions and could be used to support the ruling that the alien was inadmissible as an alien convicted of a crime involving moral turpitude (CIMT) under 8 U.S.C.S. § 1182(a)(2)(A)(i)(I).
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| Panzer v. Wells Fargo Bank of Minn., N.A. (In re Panzer), No. 05-15970,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, February 14, 2007, Filed
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| Scheuring v. Traylor Bros., Inc., No. 04-56844,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, February 14, 2007, Filed
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Overview: Summary judgment for employer/vessel owner was improper in personal injury action because employee raised genuine issue as to status as "seaman" under Jones Act, 46 U.S.C.S. § 30104; employee also raised genuine issue with respect to characterization of ramp and exercise of turnover duty for purposes of claim under 33 U.S.C.S. § 905(b) of LHWCA.
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