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The Bank of New York Mellon v. Southern Highlands Community Association, et al

MOTION for Partial Summary Judgment Regarding a Pure Issue of Law: Application of the Return Doctrine Post-Bourne Valley

82 Cited authorities

  1. Bourne Valley Court Tr. v. Wells Fargo Bank, NA

    832 F.3d 1154 (9th Cir. 2016)   Cited 871 times   3 Legal Analyses
    Holding NRS Chapter 116's opt-in notice scheme is facially unconstitutional due to the absence of mandatory notice provisions

  2. Abcarian v. McDonald

    617 F.3d 931 (7th Cir. 2010)   Cited 212 times
    Holding no liberty interest where even though the plaintiff feared that he would not be employed at additional health care institutions in the future, "it is the liberty to pursue a calling or occupation, and not the right to a specific job, that is secured by the Fourteenth Amendment."

  3. California Teachers Ass'n v. St. Bd. of Educ

    271 F.3d 1141 (9th Cir. 2001)   Cited 265 times
    Finding statute using "words of common understanding" not unconstitutionally vague

  4. O'Brien v. Skinner

    414 U.S. 524 (1974)   Cited 164 times
    Holding that a statutory scheme that did not permit pretrial detainees to vote by absentee ballot was unconstitutional where inmates were denied alternative means of voting (citing Goosby v. Osser, 409 U.S. 512 (1973))

  5. CRST Van Expedited, Inc. v. Werner Enters., Inc.

    479 F.3d 1099 (9th Cir. 2007)   Cited 178 times   2 Legal Analyses
    Holding that plaintiff adequately stated UCL claim by alleging that defendant engaged in intentional interference with plaintiff's employment contracts

  6. Truax v. Corrigan

    257 U.S. 312 (1921)   Cited 523 times
    Holding that employer was entitled to injunction against unruly mob of picketing employees

  7. Frost v. Corporation Commission

    278 U.S. 515 (1929)   Cited 336 times
    In Frost, the Court concluded that a 1925 amendment exempting certain corporations from making a showing of "public necessity" in order to obtain a cotton gin license was invalid and severable from the 1915 law that required that showing.

  8. Owen v. United States

    713 F.2d 1461 (9th Cir. 1983)   Cited 202 times
    Adopting state appellate court's interpretation of state law over prior interpretation by Ninth Circuit

  9. Pershing Park Villas v. United Pacific

    219 F.3d 895 (9th Cir. 2000)   Cited 105 times   2 Legal Analyses
    Holding the district court did not abuse its discretion "in excluding any nonjurisdictional issues of standing not designated for trial in the pretrial order"

  10. We The People Nevada ex rel. Angle v. Miller

    124 Nev. 874 (Nev. 2008)   Cited 72 times
    Holding that this court will interpret a statute according to its plain meaning when the plain language makes apparent the Legislature's intent

  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 335,493 times   160 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  12. Rule 5 - Serving and Filing Pleadings and Other Papers

    Fed. R. Civ. P. 5   Cited 23,110 times   16 Legal Analyses
    Providing for service via CM/ECF Systems

  13. Section 1153 - Offenses committed within Indian country

    18 U.S.C. § 1153   Cited 2,943 times   4 Legal Analyses
    Granting "exclusive jurisdiction" in certain Indian Country cases to tribes or the federal government

  14. Section 326.010 - [Repealed]

    ORS § 326.010   Cited 1 times

    ORS 326.010 Repealed by 1961 c.624 §8 and 1965 c.519 §15

  15. Section 326.005 - [Repealed]

    ORS § 326.005   Cited 1 times

    ORS 326.005 1961 c.624 §1; repealed by 1965 c.100 §456