ORDER... The opinion filed on June 9, 2008 and appearing at 528 F.3d 659 is withdrawn. It may not be cited as precedent by or to this court or any district court of the Ninth Circuit... Plaintiff-Appellant's Petition for Rehearing and Defendants-Appellants' Petition for Rehearing En Banc are DENIED as moot...  

In 2004, plaintiff Raymond Torres, who was then 16 years old, was arrested, without a warrant, on charges of murder and attempted murder. After 162 days of incarceration, Torres was released when the district attorney dismissed the charges against him. Following his release, Torres and his mother ("Plaintiffs") brought a civil rights action against the City of Los Angeles, the Los Angeles Police Department ("LAPD"), and four LAPD detectives ("Defendants"), seeking...  

Petitioner-Appellant, James Wooten, was convicted of murder in the first degree in California state court. After unsuccessful direct appeals, Wooten petitioned for a writ of habeas corpus under 28 U.S.C. § 2254 in the United States District Court for the Central District of California. The district court dismissed Wooten's petition because of his failure to exhaust all issues that were the subject of the petition. Wooten appeals the district court's dismissal claiming, among other things,...  

In this case arising out of diversity jurisdiction, we are asked to decide whether Robinette Amaker, the surviving sister of Bradley Gierlich, may bring suit against defendants King County, Stanley Medical Research Institute ("SMRI"), and E. Fuller Torrey, after the King County Medical Examiners Office ("KCMEO") provided Bradley's1 brain, liver, and spleen tissue to SMRI for use in medical research without obtaining consent from either Bradley or his next of kin... The issues...  

Petitioners, Shoufu Zhao and Zhenying Duan, petition for review of the BIA's denial of their asylum claims. Zhao and Duan are a married couple from the People's Republic of China and practitioners of Falun Gong, a spiritual practice banned by the Chinese government. We hold that the petitioners are eligible for asylum because the evidence, especially when viewed in light of our recent decisions in Zhou v. Gonzales, 437 F.3d 860 (9th Cir. 2006), and Zhang v. Ashcroft, 388 F.3d 713 (9th Cir....  

This petition for review presents the question of whether six restrictions on expressive activity promulgated and enforced by two California shopping malls infringe on the free speech rights guaranteed by the California State Constitution and therefore interfere with protected union activity in violation of the National Labor Relations Act ("NLRA") when applied to union picketing and handbilling actions. We hold that the six rules impermissibly infringe free speech rights and unlawfully...  

Plaintiff-Appellants Do Sung Uhm and Eun Sook Uhm ("the Uhms") appeal the district court's order dismissing their complaint against Defendant-Appellees Humana Health Plan, Inc. and Humana, Inc. (collectively "Humana") on the ground that their claims are preempted by the express preemption provision of the Medicare Prescription Drug Improvement and Modernization Act of 2003 ("Act"). The Uhms also appeal the district court's order denying their partial motion for...  

This litigation arises from the 1991 insolvency and subsequent rehabilitation of the Executive Life Insurance Company (ELIC), following the largest insurance failure in California history. Pursuant to a judicially supervised rehabilitation plan, Insurance Commissioner John Garamendi1 (the Commissioner)... ... ... oversaw competitive bidding for the assets of the ELIC Estate, which included a large junk bond portfolio. Altus S.A., a subsidiary of Credit Lyonnais S.A., which is controlled by the...  

Nikolay Alexandrovich Dzyuba ("Dzyuba"), a Georgian native and citizen of the former Union of Soviet Socialist Republics, petitions for review of the order of the Board of Immigration Appeals ("BIA") removing him to the Ukraine. The BIA upheld Dzyuba's removal to the Ukraine pursuant to 8 U.S.C. § 1231(b)(2)(E)(i), which permits the Attorney General to remove an alien to "[t]he country from which the alien was admitted to the United States."... In November of 1965,...  

Western Filter Corporation ("Western Filter") appeals the district court's grant of summary judgment in favor of Argan,... ... ... Inc. ("Argan"). The district court had jurisdiction under 28 U.S.C. § 1332, and we have jurisdiction under 28 U.S.C. § 1291. We are asked to decide an issue of first impression under California law, whether a provision within a Stock Purchase Agreement ("SPA") permitting the representations and warranties of the parties to survive...  

Plaintiffs are members of the Blackfeet Indian Tribe who bought or leased houses built under the auspices of the United States Department of Housing and Urban Development ("HUD"). The houses had wooden foundations. The wood had been pressure-treated with toxic chemicals. Plaintiffs allege that the use of wooden foundations caused their houses to deteriorate and that the chemicals in the wood have caused, and continue to cause, health problems for those who live in the houses. On behalf...  

In this interlocutory appeal, we consider whether a blanket policy of strip searching without reasonable suspicion of all individuals arrested and classified for housing in the general jail population violates the arrestees' clearly established constitutional rights. Under the circumstances presented by this case, we conclude that it does, and affirm the order of the district court denying qualified immunity in this § 1983 class action suit... ... ... I... The San Francisco Sheriff's...  

This case requires us to consider whether the Securities Exchange Act of 1934 preempts state-law claims against registered clearing agencies in connection with their clearance and settlement services, where those services were performed pursuant to a program approved of by the Securities Exchange Commission. Although we conclude that the state law claims asserted here were not precluded by field preemption, we hold the claims were barred by conflict preemption. We therefore affirm the judgment...  

ORDER... Because the bankruptcy court's denial of Educational Credit's motion to dismiss was an interlocutory order, this court lacks jurisdiction to consider the appeal from the district court's order affirming that decision. See Stanley v. S.S. Retail Stores Corp. (In re S.S. Retail Stores Corp.), 162 F.3d 1230, 1232 (9th Cir. 1998), and Belo Broad. v. Rubin (In re Rubin), 693 F.2d 73, 74 (9th Cir. 1982). The Opinion filed on August 1, 2008 is vacated and the case is remanded for the limited...  

The "fairly balanced" membership requirement, imposed by the Federal Advisory Committee Act ("FACA") and applied to the Trade Act of 1974 ("Trade Act"), is not reviewable because those statutes provide us with no meaningful standards to apply. The district court therefore properly dismissed the complaint by the Center for Policy Analysis on Trade and Health, California Public Health Association — North, Chinese Progressive Association, and Physicians for Social...  

Chapter 13 bankruptcy trustee Kathleen McDonald appeals the bankruptcy appellate panel's denial of her request for actual damages, statutory damages, attorneys' fees, and costs under the Truth in Lending Act, 15 U.S.C. § 1601 et seq., and for attorneys' fees and costs under Nevada law. This appeal raises an issue of first impression for this circuit: whether statutory damages are available for violations of 15 U.S.C... ... ... §§ 1632(a) and 1638(b)(1). We hold that they are not....  

This case illustrates the enduring truth of Ben Franklin's sage observation that "nothing is certain but death and taxes." It is an appeal from a conviction for willful failure to pay over employee payroll taxes, in violation of 26 U.S.C. § 7202. The defendant-appellant, Jack Easterday, sought an "ability to pay instruction" in order to contend to the jury that his failure to pay over the taxes he owed was not "willful," because he had spent the money on other...  

Appellant Louanna Stubbs-Danielson appeals the district court's decision affirming the Commissioner of Social Security's denial of her application for disability insurance benefits under the Social Security Act. We affirm... I... Stubbs-Danielson first applied for Supplemental Security Income ("SSI") benefits in 1986. The Commissioner... ... ... approved her application and Stubbs-Danielson received SSI benefits from 1986 until roughly 1995, at which time her benefits were terminated as...  

On remand from the Supreme Court, Woodford v. Ngo, 126 S. Ct. 2378 (2006), we consider whether a prisoner exhausted his administrative remedies for purposes of the Prison Litigation Reform Act (PLRA). Facts... Ngo, a prison inmate serving a life sentence, was placed in administrative segregation on October 26, 2000, for inappropriate activity with a prison church volunteer. At a December 22, 2000, hearing, the prison classification committee informed Ngo that he would be released from...  

The State of Arizona appeals the federal district court's grant of habeas corpus relief to Petitioner Jasper N... ... ... McMurtrey, III, in this pre-AEDPA case.1 The district court concluded that McMurtrey's due process rights were violated when the Arizona trial court failed to hold a hearing to determine whether McMurtrey was competent to stand trial, despite considerable evidence suggesting that he was not. See Pate v. Robinson, 383 U.S. 375, 385 (1966).2 This violation, the court held, was...