Published opinions from 2007. The case name opens the case page.
November 27, 2007509 F.3d 978
The Ninth Circuit adopted and affirmed the district court's order granting Thrifty Payless (d/b/a Rite Aid) summary judgment against a former pharmacist seeking unpaid overtime and bereavement pay.
The Ninth Circuit held that the ALJ lacked clear and convincing reasons to reject Lingenfelter’s testimony about disabling pain and limitations. Because the vocational expert testified that those credited limitations would eliminate available work, the court reversed and remanded for calculation and award of benefits.
The Ninth Circuit held that the ALJ improperly rejected the opinions of Orn’s treating physicians and Orn’s testimony because the reasons given were legally insufficient. Crediting that evidence establishes disability, so the court reversed the district court and remanded for calculation of benefits.
July 5, 2007493 F.3d 1047
The court held that Andrews’s complaint plausibly alleged imminent danger of serious physical injury under the Prison Litigation Reform Act’s three-strikes exception, so he could proceed in forma pauperis.
The Ninth Circuit affirmed in part and vacated and remanded in part a district court judgment upholding the denial of Supplemental Security Income benefits. Deciding the question for the first time, the panel held that, consistent with SSR 00-4p and joining the Third, Seventh, and Tenth Circuits, an ALJ may not rely…
March 12, 2007481 F.3d 1143
The court held that a district court is not required, on its own initiative, to consider staying and holding in abeyance a mixed habeas petition when the petitioner has not requested that procedure.
February 12, 2007476 F.3d 756
A per curiam Ninth Circuit panel affirmed in part and reversed in part the district court's dismissal of investor Theodore Swartz's claims arising from the KPMG-promoted BLIPS tax shelter.