Alaska Sport Fishing Ass’n v. Exxon Corp., 34 F.3d 769 (9th Cir. 1994)
State filed parens actions pursuant to environmental law for damages from Exxon Valdez oil spill. Private plaintiffs challenged the state and federal governments’ claims, arguing that they should be able to recover damages for loss of use, while the government recovers damages for remediation. Court held that there was no intention in the statute to…
Culinary Workers v. Del Papa, 200 F.3d 614 (9th Cir. 1999)
A union in a labor dispute distributed handbills criticizing the management and performance of the Commercial Bank of Nevada. Nevada statutes provide that anyone who makes any statement which is directly or by inference derogatory to the financial condition, or affects the financial standing of a bank is guilty of a gross misdemeanor and may…
Cousins v. Lockyer, No. 07-17216 (9th Cir., June 15, 2009)
Cousins, a sex offender, failed to register as required by state law was convicted and sentenced to 25 years in prison under the state’s three-strikes law. After his conviction, the California Court of Appeal issued a decision holding the statute under which he was convicted unconstitutionally vague. The state did not appeal the decision. Cousins…
Gibson v. Office of the Attorney General, 561 F.3d 920 (C.A.9 (Cal.), reh. den. 561 F.3d 920 (2009).
An assistant attorney general (AAG) in the California Attorney General Office (OAG) represented a paralegal in the office in a malpractice claim against her former divorce lawyer. The AAG did not seek permission before undertaking this representation. The office notified her that she must terminate the representation or she would be fired. The AAG sued,…
