Credit Card Billing Dispute and other Criminal, Constitutional and Immigration Matters

Edwards v. Wells Fargo & Co., No. 06-16892, involved an action against Wells Fargo Bank under the Fair Credit Billing Act, a subpart of the Truth in Lending Act, and under the Nevada Unfair Consumer Practices Act, based on credit card billing disputes.  The court of appeals affirmed summary judgment for defendant, holding that plaintiff was not a "consumer" within the meaning of Regulation Z because he was not the obligor under the credit card agreement.

Leu v. Int'l. Boundary Comm'n., No. 07-35949, concerned a takings claim against the International Boundary Commission and the U.S. Boundary Commissioner in his official capacity.  The Ninth Circuit vacated the district court's denial of the current Boundary Commissioner's motion to quash filings by a previous Boundary Commissioner, on the ground that the former Commissioner lacked Article III standing to appeal from the district court's order.

Federiso v. Holder, No. 08-74792, involved a petition for review of the BIA's denial of petitioner's application for waiver of removal.  The court of appeals granted the petition, on the ground that an individual whose mother is a U.S. citizen continues to be "the son . . . of a citizen of the United States," as set forth at 8 U.S.C. section 1227(a)(1)(H)(i), after his mother's death.

In US v. Gallaher, No. 09-30193, a capital murder prosecution, the Ninth Circuit affirmed the denial of defendant's motion to dismiss his superseding indictment, on the ground that the plain text of 18 U.S.C. section 1111(b) mandated that the court of appeals continue to categorize first degree murder as a crime punishable by death.

Related Resources

• Full Text of Edwards v. Wells Fargo & Co., No. 06-16892
• Full Text of Leu v. Int'l. Boundary Comm'n., No. 07-35949
• Full Text of Federiso v. Holder, No. 08-74792
• Full Text of US v. Gallaher, No. 09-30193
• Truth in Lending Act