9th Circuit Case Commentaries

Neil Grenning v. Risa A. Klemme: Establishing Parameters for First Amendment Retaliation Claims in Prison Settings

Date: Jul 23, 2014

Neil Grenning v. Risa A. Klemme: Establishing Parameters for First Amendment Retaliation Claims in Prison Settings Introduction In the case of Neil Grenning v. Risa A. Klemme, heard by the United...

Default Judgment and Statutory Damages in Copyright Infringement: Analysis of Chara Curtis v. Illumination Arts

Date: Jul 18, 2014

Default Judgment and Statutory Damages in Copyright Infringement: Analysis of Chara Curtis v. Illumination Arts Introduction In the case of Chara Curtis, et al. v. Illumination Arts, Inc., et al. (33...

Ninth Circuit Reinforces 'Credit-as-True' Doctrine in Social Security Disability Case: Garrison v. Colvin

Date: Jul 15, 2014

Ninth Circuit Reinforces 'Credit-as-True' Doctrine in Social Security Disability Case: Garrison v. Colvin Introduction In the case of Karen S. Garrison v. Carolyn W. Colvin, the United States Court...

Standing and Economic Loss Doctrines in Class Actions: Insights from In re Sony Gaming Networks & Customer Data Security Breach Litigation

Date: Jan 22, 2014

Standing and Economic Loss Doctrines in Class Actions: Insights from In re Sony Gaming Networks & Customer Data Security Breach Litigation Introduction In the landmark case In re SONY GAMING NETWORKS...

Default Judgment Upholds ADA and Unruh Act Compliance in Accessibility Cases: Vogel v. Rite Aid

Date: Jan 18, 2014

Default Judgment Upholds ADA and Unruh Act Compliance in Accessibility Cases: Vogel v. Rite Aid Introduction In the landmark case of Martin Vogel v. Rite Aid Corp. dba Rite Aid #05585, adjudicated in...

Ensuring Informed Waiver of Rights: Supreme Court of Hawai‘i’s Decision in State v. Kaulia

Date: Jan 5, 2013

Ensuring Informed Waiver of Rights: Supreme Court of Hawai‘i’s Decision in State v. Kaulia Introduction In the landmark case State of Hawai‘i v. Dennis Kaulia, the Supreme Court of Hawai‘i addressed...

Qualified Immunity and Religious Rights in Correctional Facilities: Analyzing Davis v. Defendants

Date: Oct 5, 2012

Qualified Immunity and Religious Rights in Correctional Facilities: Analyzing Davis v. Defendants Introduction In the landmark case of Jim Dale Davis v. R. Powell, T. Borem, L. Small, K. Ours,...

Enhancing Pleading Standards in Social Security Appeals: Analysis of Hoagland v. Astrue

Date: Jun 28, 2012

Enhancing Pleading Standards in Social Security Appeals: Analysis of Hoagland v. Astrue Introduction Hoagland v. Astrue, adjudicated by the United States District Court for the Eastern District of...

Supreme Court Upholds Protection of Marital Separate Property in Hawaii Divorce Proceedings

Date: May 17, 2012

Supreme Court Upholds Protection of Marital Separate Property in Hawaii Divorce Proceedings Introduction In the landmark case of Bonnie Macleod Kakinami v. Aaron K.H. Kakinami, the Supreme Court of...

Marvin v. Pflueger: Clarification on Joinder of Necessary Parties under HRCP Rule 19

Date: Apr 28, 2012

Marvin v. Pflueger: Clarification on Joinder of Necessary Parties under HRCP Rule 19 Introduction In the case of Richard Marvin III, and Amy Marvin v. Pflueger, adjudicated by the Supreme Court of...

Comprehensive Commentary on STATE of Hawai‘i v. Nesmith & Yamamoto: Establishing Mens Rea Requirements for OVUII Charges

Date: Apr 13, 2012

Comprehensive Commentary on STATE of Hawai‘i v. Nesmith & Yamamoto: Establishing Mens Rea Requirements for OVUII Charges Introduction In the landmark consolidated cases of STATE of Hawai‘i v. Kevin...

Ninth Circuit Upholds Social Security Disability Denial: Deference to Specialist Medical Opinions and Evaluation of Credibility in Molina v. Astrue

Date: Apr 3, 2012

Ninth Circuit Upholds Social Security Disability Denial: Deference to Specialist Medical Opinions and Evaluation of Credibility in Molina v. Astrue Introduction In the landmark case of Edilia Molina...

Clarifying Procedural Standards for Pro Se Prisoners and Venue Determination Under 42 U.S.C. § 1983: Analysis of Grabek v. Dickinson

Date: Jan 14, 2012

Clarifying Procedural Standards for Pro Se Prisoners and Venue Determination Under 42 U.S.C. § 1983: Analysis of Grabek v. Dickinson Introduction In Christopher Grabek v. Kathleen Dickinson, Warden,...

Enhanced Access to Correctional Records in Civil Rights Litigation: Womack v. Virga

Date: Dec 21, 2011

Enhanced Access to Correctional Records in Civil Rights Litigation: Womack v. Virga Introduction Womack v. Virga is a pivotal case adjudicated by the United States District Court for the Eastern...

Tradebay LLC v. eBay, Inc.: Clarifying Standards for Staying Discovery in Declaratory Judgment Proceedings

Date: Dec 13, 2011

Tradebay LLC v. eBay, Inc.: Clarifying Standards for Staying Discovery in Declaratory Judgment Proceedings Introduction Tradebay, LLC filed a lawsuit against eBay, Inc. on May 3, 2011, seeking...

Rigorous Enforcement of Evidence Preservation and Punitive Damages in Fiduciary Breach: Surowiec v. Capital Title Agency

Date: May 5, 2011

Rigorous Enforcement of Evidence Preservation and Punitive Damages in Fiduciary Breach: Surowiec v. Capital Title Agency Introduction In the case of James M. Surowiec v. Capital Title Agency, Inc.,...

Dismissal of Consumer Protection Claims Against Sony Due to Non-Actionable Puffery and Insufficient Pleading

Date: Dec 1, 2010

Dismissal of Consumer Protection Claims Against Sony Due to Non-Actionable Puffery and Insufficient Pleading Introduction In the case titled In re SONY GRAND WEGA KDF-E A10/A20 SERIES REAR PROJECTION...

Non-Assumption of Borrower Liabilities by JPMorgan Chase Leads to Dismissal of Plaintiff's Claims

Date: Aug 10, 2010

Non-Assumption of Borrower Liabilities by JPMorgan Chase Leads to Dismissal of Plaintiff's Claims Introduction In the case of Paul E. Rosenfeld v. JPMorgan Chase Bank, N.A., et al. (732 F. Supp. 2d...

Non-Waivability of Gross Negligence Claims in User Agreements: Smallwood v. NCsoft Corporation

Date: Aug 5, 2010

Non-Waivability of Gross Negligence Claims in User Agreements: Smallwood v. NCsoft Corporation Introduction In the case of Craig Smallwood v. NCsoft Corporation, NC Interactive, Inc., adjudicated by...

Enhanced Pleading Standards for Affirmative Defenses Following Twombly and Iqbal

Date: Jun 23, 2010

Enhanced Pleading Standards for Affirmative Defenses Following Twombly and Iqbal Introduction In the landmark case of Quiller Barnes v. AT&T Pension Benefit Plan — Nonbargained Program, the United...