Andrew David Hurwitz

“The panel granted a petition for review of a decision of the Benefits Review Board awarding benefits to petitioner under the Longshore and Harbor Workers Compensation Act. ... The panel remanded to the agency to recalculate petitioner's partial disability benefits.”

“The panel affirmed the district court's denial of a 28 U.S.C. 2254 habeas corpus petition and granted a motion by appointed counsel to withdraw, after holding that counsel had followed the proper procedure under 9th Cir. R. 4-1(c)(6) in seeking to withdraw.”

“Applying Harris and its Ninth Circuit progeny, we hold that Smith did not default his claim and vacate the district court's dismissal of his habeas petition.”

“The panel affirmed convictions for conspiracy, money laundering, and failure to appear, but vacated the sentence and remanded for resentencing and recalculation of restitution and forfeiture.”

“The panel affirmed the district court's summary judgment and vacated its denial of costs in a putative class action alleging violations of federal and state law in the sale of annuities.”

“The panel reversed the district court's order remanding the case to state court, and remanded with instructions for the district court to exercise federal jurisdiction under the Class Action Fairness Act.”

“The panel reversed the district court's dismissal of claims brought pursuant to 42 U.S.C. 1983 by a California state inmate against two physicians alleging deliberate indifference to medical needs, and remanded for further proceedings.”

“Applying that opinion, we affirm the district court's dismissal of Cardenas' complaint.”

“The district court held that the claim failed as a matter of law. We agree, and affirm.”

“The district court suppressed Gilton's statements under the rule of Miranda v. Arizona ... We affirm.”

“The panel dismissed for lack of jurisdiction an interlocutory appeal from the district court's order denying Kum Tat Limited's motion to compel arbitration ... where the arbitration motion relied only on state law and was not filed pursuant to the Federal Arbitration Act.”

“Thus, the bankruptcy court did not err in this case in approving Sunnyslope's plan of reorganization and valuing the collateral assuming its continued use after reorganization as low-income housing.”