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9th Circuit Court FindLaw Opinion Summaries - 9th Circuit COA Child Welfare Act Action, and Criminal and Government Benefits Matters In California State Foster Parents' Ass'n v. Wagner, No. 09-15025, an action against officials of the State of California under 42 U.S.C. section 1983 claiming a violation of plaintiffs' federal right to payments under the Child Welfare Act (CWA), and... Petition for Review of Jehovah's Witness Deportation Order Granted, and Criminal and Environmental Matters Kamalyan v. Holder, No. 05-76408, involved a petition for review brought by an Armenian Jehova's Witness challenging the Board of Immigration Appeals' (BIA) order adopting and affirming a decision of an immigration judge removing petitioner from the U.S.  The court... Reversal of Denial of Habeas Petition in First-Degree Murder Matter, and Civil Rights, Criminal and Immigration Matters In Singh v. Napolitano, No. 07-16988, the court affirmed the denial of petitioner's habeas petition, holding that the Attorney General's decision in Compean II, which affirmed the Ninth Circuit's language in Lata and Dearinger, did not create "new duties" for petitioner... Endangered Species Designation for Fish Upheld, and Criminal, Immigration and Indian Law Matters Fernandes v. Holder, No. 07-72415, involved a petition for review of the Board of Immigration Appeals' decision denying his application for asylum and withholding of removal on the ground that he filed a fraudulent asylum application and was not credible. ... Fortune Dynamic, Inc. v. Victoria's Secret Stores Brand Mgmt., Inc., No. 08-56291 Fortune Dynamic, Inc. v. Victoria's Secret Stores Brand Mgmt., Inc., No. 08-56291, involved an action by Fortune Dynamic, Inc., the owner of the incontestable trademark DELICIOUS for footwear, against Victoria's Secret for trademark infringement.  The court reversed summary judgment for... California Consumer Credit Reporting Agencies Act Case, and Criminal, Immigration and Tort Matters Carvalho v. Equifax Info. Servs., LLC, No. 09-15030, involved an action against credit reporting agencies alleging violations of the California Consumer Credit Reporting Agencies Act (CCRAA).  The court affirmed summary judgment for defendants on the grounds that 1) because the... Antitrust Action Concerning Profit-Sharing Provision In Multiemployer Bargaining Unit, and Arbitration, Contract, Criminal, Environmental and Tort Matters California v. Safeway, Inc., No. 08-55671, concerned an antitrust action challenging a profit-sharing provision between members of a multiemployer bargaining unit.  The court reversed the denial of summary judgment to plaintiff on the ground that a profit sharing agreement that... Adult Film Copyright Action, and Administrative, Criminal and Employment Matters FTC v. Network Servs. Depot, Inc., No. 09-15684, concerned an action by the FTC against defendants for making material misrepresentations and engaging in deceptive business practices in violation of Section 5(a) of the Federal Trade Commission Act.  The court affirmed... Challenge to Arizona Judicial Ethics Codes, and Arbitration, Criminal and Environmental Matters Campbell v. Henry, No. 07-16481, involved petitioner's appeal from the dismissal of her federal petition for writ of habeas corpus for failure to file within the one year statute of limitations mandated by 28 U.S.C. section 2244(d).  The court reversed... Action for Return of Art Confiscated by Nazis, and Bankruptcy, Criminal, Immigration and Securities Issues Northstar Fin. Advisors, Inc. v. Schwab Invs., No. 09-16347, involved an action by investors claiming that a large American investment trust operating a series of mutual funds unlawfully deviated from the investment policies set forth in its registration statement, to... Fraudulent Conveyance Judgment Affirmed, and Criminal and Immigration Matters In US v. Pineda-Doval, No. 08-10240, the court affirmed defendant's conviction for transportation of illegal aliens resulting in death, holding that 1) a defendant may be found guilty of transportation of illegal aliens resulting in death only if the government... Securities Fraud Action, and Environmental and False Claims Act Matters Miller v. Thane Int'l., Inc., No. 09-55474, involved a securities fraud class action alleging that a corporation's pre-merger prospectus contained materially misleading representations because it implied that the company's shares would list on the NMS.  The court affirmed judgment for... Mesle v. Signed Personal Check No. 730, No. 09-55353 Mesle v. Signed Personal Check No. 730, No. 09-55353, concerned claimant's appeal from the district court's denial of his motion to set aside an entry of default in a forfeiture proceeding against checks drawn on claimant's accounts and funds in... AOL Trademark Infringement Matter re ADVERTISING.COM Advertise.com, Inc. v. AOL Advertising, Inc., No. 10-55069, involved Advertising.com's appeal from a preliminary injunction barring it from using a designation or trade name that was confusingly similar to AOL's ADVERTISING.COM trademark.  The court of appeals vacated an injunction in... Summary Judgment for Defendants in CERCLA Action Affirmed Plus Civil Rights, Criminal, Environmental and Government Benefits Matter Cheney v. Washington, No. 08-35204, involved a habeas petition regarding petitioner's conviction for sexual abuse of a minor, claiming that petitioner was deprived of his Sixth Amendment right to effective assistance...

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