9th Circuit Case Commentaries

Clarifying Affirmative Defenses and Jury Trial Rights in CERCLA Cost Recovery Actions: State of California v. Alco Pacific, Inc.

Date: Jul 10, 2002

Clarifying Affirmative Defenses and Jury Trial Rights in CERCLA Cost Recovery Actions: State of California v. Alco Pacific, Inc. Introduction In the landmark case of State of California Department of...

Adoption of Good Cause Standard over Notaro Test for Expedited Discovery in Patent Litigation – Semitool, Inc. v. Tokyo Electron

Date: Apr 20, 2002

Adoption of Good Cause Standard over Notaro Test for Expedited Discovery in Patent Litigation Introduction The case of Semitool, Inc. v. Tokyo Electron America, Inc. was adjudicated in the United...

Foreclosure and Debt Collection: Key Legal Principles from Hulse v. Ocwen Federal Bank

Date: Feb 28, 2002

Foreclosure and Debt Collection: Key Legal Principles from Hulse v. Ocwen Federal Bank Introduction The case of Gary A. Hulse and Judith A. Hulse v. Ocwen Federal Bank, FSB et al., decided on...

Affirming Disability Benefit Denial: Substantial Evidence and Credibility Evaluation in Thomas v. Barnhart

Date: Jan 25, 2002

Affirming Disability Benefit Denial: Substantial Evidence and Credibility Evaluation in Thomas v. Barnhart Introduction The case of Maureen Thomas v. Jo Anne Barnhart centers on the denial of...

Establishing the Threshold for Substantial Similarity in Copyright Infringement: Idema v. DreamWorks

Date: Sep 11, 2001

Establishing the Threshold for Substantial Similarity in Copyright Infringement: Idema v. DreamWorks Introduction In the landmark case J. Keith Idema; Gary Scurka; Kathy Scurka; and Jim Morris v....

Municipal Liability for Deliberate Indifference under §1983: Mary Sanders LEE v. City of Los Angeles and NYSDCS

Date: May 5, 2001

Municipal Liability for Deliberate Indifference under §1983: Mary Sanders LEE v. City of Los Angeles and NYSDCS Introduction Mary Sanders LEE, individually and as the Conservator for the Estate of...

Westlands Water District v. United States: Establishing Full-Cost Water Pricing

Date: Mar 14, 2001

Westlands Water District v. United States: Establishing Full-Cost Water Pricing Introduction Westlands Water District v. United States, decided on March 13, 2001, by the United States District Court...

Shurgard Storage Centers v. Safeguard Self Storage: Broadening the Scope of the CFAA in Trade Secret Protection

Date: Oct 31, 2000

Shurgard Storage Centers v. Safeguard Self Storage: Broadening the Scope of the CFAA in Trade Secret Protection Introduction In the landmark case of Shurgard Storage Centers, Inc. v. Safeguard Self...

Denial of Defendants' Motions in In re 2THEMART.COM, Inc. Securities Litigation Establishes Strong Standards for Securities Fraud Claims

Date: Jul 18, 2000

Denial of Defendants' Motions in In re 2THEMART.COM, Inc. Securities Litigation Establishes Strong Standards for Securities Fraud Claims Introduction The case of In re 2THEMART.COM, Inc. Securities...

Expanding Private Plaintiff Standing in ADA Compliance Cases: A Comprehensive Analysis

Date: May 17, 2000

Expanding Private Plaintiff Standing in ADA Compliance Cases: A Comprehensive Analysis Introduction The case of Eric Parr v. L L Drive-Inn Restaurant addresses significant issues under the Americans...

Preservation of District Courts' Discretion to Grant Leave to Amend under the PLRA

Date: Feb 11, 2000

Preservation of District Courts' Discretion to Grant Leave to Amend under the Prison Litigation Reform Act Introduction In the landmark case of Max Lopez, Jr. v. G.A. Smith et al., adjudicated by the...

Mandatory Use of Vocational Experts in SSDI Claims Involving Non-Exertional Limitations: Tackett v. Apfel

Date: Jun 26, 1999

Mandatory Use of Vocational Experts in SSDI Claims Involving Non-Exertional Limitations: Tackett v. Apfel Introduction Parties Involved: Plaintiff-Appellant: Richard Tackett Defendant-Appellee:...

California CCP §2019(d) Applies in Federal Trade Secret Litigation: Analysis of Computer Economics, Inc. v. Gartner Group, Inc.

Date: May 26, 1999

California CCP §2019(d) Applies in Federal Trade Secret Litigation: Analysis of Computer Economics, Inc. v. Gartner Group, Inc. Introduction The case of Computer Economics, Inc. (CEI) v. Gartner...

Limits on Personal Jurisdiction Based on Interactive Websites

Date: Jan 5, 1999

Limits on Personal Jurisdiction Based on Interactive Websites: A Comprehensive Analysis of Millennium Enterprises, Inc. v. Millennium Music, LP Introduction In the landmark case Millennium...

Conley v. Crabtree: Establishing Precedents for Habeas Corpus Petitions Under 28 U.S.C. § 2241

Date: Jul 25, 1998

Conley v. Crabtree: Establishing Precedents for Habeas Corpus Petitions Under 28 U.S.C. § 2241 Introduction Conley v. Crabtree, 14 F. Supp. 2d 1203 (D. Or. 1998), is a pivotal case in the landscape...

Federal Preemption of State Anti-Deficiency Statutes in FmHA Loan Deficiency Actions

Date: Jul 7, 1998

Federal Preemption of State Anti-Deficiency Statutes in FmHA Loan Deficiency Actions Introduction The case of United States of America v. Louis E. Rezzonico and Phyllis I. Rezzonico (32 F. Supp. 2d...

Ja v. Mora: Reinforcing Notice Obligations under FMLA and CFRA

Date: Jul 2, 1998

Ja v. Mora: Reinforcing Notice Obligations under FMLA and CFRA Introduction Ja v. Chem-tronics, Inc. is a landmark case adjudicated by the United States District Court for the Southern District of...

Reaffirmation of Judicial and Sovereign Immunity in Ricotta v. State of California

Date: Apr 16, 1998

Reaffirmation of Judicial and Sovereign Immunity in Ricotta v. State of California Introduction Thomas Daniel Ricotta, the plaintiff, initiated a lawsuit against the State of California and several...

Strict Pleading Standards for Defamation and Product Disparagement Claims: An Analysis of Isuzu Motors Ltd. v. Consumers Union

Date: Apr 10, 1998

Strict Pleading Standards for Defamation and Product Disparagement Claims: An Analysis of Isuzu Motors Ltd. v. Consumers Union Introduction In the case of Isuzu Motors Limited, et al. v. Consumers...

In re Stratosphere Corporation Securities Litigation: Enhanced Pleading Standards Under PSLRA Affirmed

Date: Apr 8, 1998

In re Stratosphere Corporation Securities Litigation: Enhanced Pleading Standards Under PSLRA Affirmed Introduction The case of In re Stratosphere Corporation Securities Litigation is a pivotal...