9th Circuit Case Commentaries

Exhaustion of Administrative Remedies and Eleventh Amendment Immunity in §1983 Prison Litigation: Insights from Barry v. Ratelle

Date: Dec 4, 1997

Exhaustion of Administrative Remedies and Eleventh Amendment Immunity in §1983 Prison Litigation: Insights from Barry v. Ratelle Introduction The case William F. Barry v. J.M. Ratelle, et al. (985 F....

Comprehensive Commentary on Independent Living Resources v. Oregon Arena Corporation

Date: Nov 13, 1997

Comprehensive Commentary on Independent Living Resources v. Oregon Arena Corporation 1. Introduction The case of Independent Living Resources, a non-profit corporation, and Robert W. Pike,...

Balancing Judicial Economy and Prejudice in Staying Proceedings: A Comprehensive Analysis of Rivers v. Disney

Date: Aug 12, 1997

Balancing Judicial Economy and Prejudice in Staying Proceedings: A Comprehensive Analysis of Rivers v. Disney Introduction Rivers v. The Walt Disney Company (980 F. Supp. 1358), adjudicated by the...

Denial of Stay of Discovery Pending Motion to Dismiss: Turner Broadcasting v. Tracinda Corporation

Date: Jul 19, 1997

Denial of Stay of Discovery Pending Motion to Dismiss: Turner Broadcasting v. Tracinda Corporation Introduction The case of Turner Broadcasting System, Inc., et al. v. Tracinda Corporation,...

Recognition of Bad Faith and Deceptive Acts Claims by Third-Party Beneficiaries in Hawaii Insurance Law: Donaldson v. Liberty Mutual

Date: Oct 31, 1996

Recognition of Bad Faith and Deceptive Acts Claims by Third-Party Beneficiaries in Hawaii Insurance Law: Donaldson v. Liberty Mutual Introduction The case of Pedro A. Donaldson and Eriko Donaldson v....

Enforcement of Good Faith Conferment in Discovery Motions: Shuffle Master v. Progressive Games

Date: Sep 4, 1996

Enforcement of Good Faith Conferment in Discovery Motions: Shuffle Master v. Progressive Games Introduction The case of Shuffle Master, Inc. v. Progressive Games, Inc. adjudicated in the United...

Vance v. County of Santa Clara: Establishing the Exclusive Federal Remedy under §1983 over §1981 Claims

Date: Jun 12, 1996

Vance v. County of Santa Clara: Establishing the Exclusive Federal Remedy under §1983 over §1981 Claims Introduction In the landmark case of Vance v. County of Santa Clara, the United States District...

Combined Impairments in Social Security Disability Claims: Lester v. Chater

Date: Apr 10, 1996

Combined Impairments in Social Security Disability Claims: Lester v. Chater Introduction In the case of James Lester v. Shirley S. Chater, heard by the United States Court of Appeals for the Ninth...

Enhancing Credibility Standards for Subjective Symptoms in Social Security Disability Claims: A Commentary on Smolen v. Chater

Date: Mar 30, 1996

Enhancing Credibility Standards for Subjective Symptoms in Social Security Disability Claims: A Commentary on Smolen v. Chater Introduction Smolen v. Chater is a landmark case adjudicated by the...

Joint Employer Liability and Limitations on Private Actions: Insights from Bureerong v. UVAWAS

Date: Mar 22, 1996

Joint Employer Liability and Limitations on Private Actions: Insights from Bureerong v. UVAWAS Introduction The case of Malee Bureerong, et al. v. Tavee Uvawas, et al. (No. CV95-5958 ABC (BQRx)),...

Judicial Mandate for Timely EPA Action on State Water Quality Standards

Date: Dec 22, 1995

Judicial Mandate for Timely EPA Action on State Water Quality Standards Introduction In the landmark case Defenders of Wildlife, George Marsik, Jerry Van Gasse, and James A. Slingluff, Plaintiffs, v....

Coleman v. Wilson: Establishing Constitutional Mandates for Mental Health Care in Prisons

Date: Sep 14, 1995

Coleman v. Wilson: Establishing Constitutional Mandates for Mental Health Care in Prisons Introduction Coleman v. Wilson (No. Civ. S-90-0520 LKK JFM), adjudicated in the United States District Court...

Don Van Vranken v. ARCO: Establishing Reasonable Attorneys’ Fees in Large-Scale Class Actions

Date: Aug 17, 1995

Don Van Vranken v. ARCO: Establishing Reasonable Attorneys’ Fees in Large-Scale Class Actions Introduction The case of Don Van Vranken, on behalf of himself and all others similarly situated, and Lew...

SOTO v. CITY OF CONCORD: Enhancing Access to Police Records in Civil Rights Litigation

Date: Jul 18, 1995

SOTO v. CITY OF CONCORD: Enhancing Access to Police Records in Civil Rights Litigation Introduction In the landmark case of Jose Maria SOTO, Jr. v. City of Concord, et al., adjudicated on July 17,...

Reevaluation of Disability Determinations in SSI Benefits: Andrews v. Shalala

Date: May 2, 1995

Reevaluation of Disability Determinations in SSI Benefits: Andrews v. Shalala Introduction The case of Raymond E. Andrews versus Donna E. Shalala, Secretary of Health and Human Services, adjudicated...

Emotional Distress Claims and Federal Rule 35(a): Establishing the Threshold for Mental Examinations

Date: Apr 8, 1995

Emotional Distress Claims and Federal Rule 35(a): Establishing the Threshold for Mental Examinations Introduction In the landmark case of Robin Turner v. Imperial Stores et al. (161 F.R.D. 89), the...

Allstate v. Madan: Defining the Boundaries of Bad Faith and Emotional Distress in Insurance Claims

Date: Feb 15, 1995

Allstate v. Madan: Defining the Boundaries of Bad Faith and Emotional Distress in Insurance Claims Introduction Allstate Insurance Company, a prominent insurer based in Illinois, filed a lawsuit...

Distinguishing Statutory Unfair Claim Practices from Common Law Bad Faith: Insights from Pioneer Chlor Alkali Co., Inc. v. National Union Fire Insurance Co.

Date: Sep 2, 1994

Distinguishing Statutory Unfair Claim Practices from Common Law Bad Faith: Insights from Pioneer Chlor Alkali Co., Inc. v. National Union Fire Insurance Co. Introduction The case of Pioneer Chlor...

Establishing Reasonable Accommodation Standards for Alcoholism under ADA: Schmidt v. Safeway Inc.

Date: Jun 10, 1994

Establishing Reasonable Accommodation Standards for Alcoholism under ADA: Schmidt v. Safeway Inc. Introduction In Schmidt v. Safeway Inc., decided on June 9, 1994, the United States District Court...

Mandatory Production of Detailed Privilege Logs and Requirement of Sincere Meet and Confer Efforts: Nevada Power Co. v. Monsanto et al.

Date: Sep 21, 1993

Mandatory Production of Detailed Privilege Logs and Requirement of Sincere Meet and Confer Efforts: Nevada Power Co. v. Monsanto et al. Introduction The case of Nevada Power Company v. Monsanto...