Legal Opinion
City of Oakland v. Loretta E. Lynch
Court of Appeals for the Ninth Circuit
Decided August 20, 2015No. 13-15391PublishedCited by 43 opinions
1Opinion of the Court
OPINION
MURPHY, District Judge:
I. INTRODUCTION
The City of Oakland contests the Government’s filing of a civil in rem forfeiture action against Harborside Health Clinic, a medical marijuana dispensary acting in accordance with local and state laws but in violation of the Controlled Substances Act. Because Oakland lacks a property interest in Harborside, it was unable to participate in the forfeiture action. Instead, Oakland initiated a collateral attack against the Government under the Administrative Procedure Act. The Government moved for dismissal pursuant to Rule 12(b)(1), for lack of…
2Cases cited15 opinions
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- Bennett v. SpearSupreme Court of the United States · 1997
- Clapper v. Amnesty International USASupreme Court of the United States · 2013
- Lexmark Int'l, Inc. v. Static Control Components, Inc.Supreme Court of the United States · 2014
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3Cited by43 opinions
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- Gilbert Hyatt v. Office of Mgt. and BudgetCourt of Appeals for the Ninth Circuit · 2018
- United States v. Estate of E. Wayne HageCourt of Appeals for the Ninth Circuit · 2016
- Endo Pharm. Inc. v. Fed. Trade Comm'nDistrict Court, E.D. Pennsylvania · 2018
- Sierra Club v. Donald TrumpCourt of Appeals for the Ninth Circuit · 2020
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