| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
03-1028
|
Middletown v. McNeil
State court did not unreasonably apply federal law in finding there was no reasonable likelihood jury was misled by faulty instruction. |
Criminal Law and Procedure |
|
May 12, 2004 | |
|
03-6539
|
Johnson v. California
U.S. Supreme Court lacks jurisdiction to review decision of state supreme court to remand for further proceedings. |
Civil Procedure |
|
May 12, 2004 | |
|
02-1657
|
Scarborough v. Principi
Attorney-fees application under Equal Access to Justice Act may be amended after deadline to allege government's position was not substantially justified. |
Civil Procedure |
|
May 12, 2004 | |
|
02-1824
|
Dretke v. Haley
Federal court faced with claim of actual innocence must first address nondefaulted claims for comparable relief to excuse procedural default. |
Criminal Law and Procedure |
|
May 12, 2004 | |
|
02-1205
|
Jones v. R.R. Donnelley & Sons Co.
Petitioners' wrongful termination cases are governed by 28 U.S.C. Section 1658 because they arose under Civil Rights Act of 1991. |
Employment Law |
|
May 12, 2004 | |
|
02-50663
|
U.S. v. Navarro-Vargas
Charge given by district court to grand jury did not deny defendant his Fifth Amendment right to unfettered judgment of grand jurors. |
Criminal Law and Procedure |
|
May 12, 2004 | |
|
03-10234
|
U.S. v. Navidad-Marcos
District court improperly relied solely on abstract of judgment of prior conviction to enhance defendant's sentence. |
Criminal Law and Procedure |
|
May 12, 2004 | |
|
02-10651
|
U.S. v. Shipsey
Amended opinion |
|
May 12, 2004 | ||
|
E033920
|
Powers v. The Rug Barn
|
|
May 12, 2004 | ||
|
02-626
|
South FL Water Mgmt v. Miccosukee Tribe
Order |
|
May 12, 2004 | ||
|
03-407
|
Kowalski v. Tesmer
Order |
|
May 11, 2004 | ||
|
02-55076
|
Retail Flooring Dealers of America Inc. v. Beaulieu of America
Court erred in awarding sanctions against plaintiff because defendant failed to comply with safe harbor provision. |
Civil Procedure |
|
May 11, 2004 | |
|
01-50562
|
U.S. v. Manion
Jury properly instructed that defendant can be convicted for defendant's own acts constituting mail fraud if defendant knowingly participated in scheme to defraud. |
Criminal Law and Procedure |
|
May 11, 2004 | |
|
01-56050
|
Holly D. v. California Institute of Technology
Employee who allegedly was coerced to have sex to keep job failed to establish case under Title VII of Civil Rights Act. |
Employment Law |
|
May 11, 2004 | |
|
02-99009
|
Webster v. Woodford
Judicial expansion of special circumstances that qualify for death sentence did not violate defendant's due process rights. |
Criminal Law and Procedure |
|
May 11, 2004 | |
|
03-50167
|
U.S. v. Tapia-Marquez
Defendant, whose appeal became moot when he was released from custody while appeal was pending, is not entitled to vacatur of judgment. |
Criminal Law and Procedure |
|
May 11, 2004 | |
|
01-50461
|
U.S. v. Soriano
Amended opinion |
|
May 11, 2004 | ||
|
02-16459
|
Miller v. Cardinale (In re Les DeVille)
Attorney and client who delayed civil lawsuit by filing series of bankruptcy petitions are subject to sanctions. |
Bankruptcy |
|
May 11, 2004 | |
|
02-70956
|
Ma v. Ashcroft
Husband whose marriage was not legally registered with Chinese government because of his age, qualifies for asylum based on wife's persecution. |
Immigration |
|
May 11, 2004 | |
|
01-17059
|
Churchill Village LLC v. General Electric
Settlement of class action lawsuit against manufacturer of consumer dishwashers is upheld. |
Civil Procedure |
|
May 11, 2004 | |
|
01-35266
|
The Wilderness Society v. United States Fish & Wildlife Service
Amended opinion |
|
May 11, 2004 | ||
|
02-15030
|
Embury v. King
By removing action from state court to federal court, defendants waived Eleventh Amendment immunity. |
Constitutional Law |
|
May 11, 2004 | |
|
03-50609
|
U.S. v. Glass
Summary contempt proceeding was improper forum for court to decide that defendant was not entitled to indigent legal services. |
Criminal Law and Procedure |
|
May 11, 2004 | |
|
99-35845
|
Doe v. Tandeske
Alaska 's sex offender registration and notification statute does not violate plaintiffs' procedural or substantive due process rights. |
Criminal Law and Procedure |
|
May 11, 2004 | |
|
02-30220
|
U.S. v. Alvarado-Guizar
District court is not required to make factual findings when electing not to impose enhancement for obstruction of justice. |
Criminal Law and Procedure |
|
May 11, 2004 | |
|
03-55765
|
Rodde v. Bonta
County's plan to close health facility would disproportionately burden disabled and is actionable under ADA. |
Civil Rights |
|
May 11, 2004 | |
|
02-57011
|
Elvis Persley Enterprises Inc v. Passport Video
Amended opinion |
|
May 11, 2004 | ||
|
01-35764
|
Childress v. Darby Lumber Inc.
Lumber mill and construction company constituted single employer for purposes of Worker Adjustment and Retraining Notification Act. |
Labor Law |
|
May 11, 2004 | |
|
02-30363
|
U.S. v. Delgado
To be convicted for drug possession, defendant did not necessarily need to know such possession constituted violation of law. |
Criminal Law and Procedure |
|
May 11, 2004 | |
|
02-55797
|
Ellison v. Robertson
Author alleging unlawful sharing of his stories online may sue internet provider for copyright infringement. |
Intellectual Property |
|
May 11, 2004 |
