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Spates v. Dameron Hospital Ass'n.
Plaintiff's emotional distress argument against hospital caring for her mother is rejected for lack of legal support.
Torts Mar. 11, 2004
People v. Jensen
Improper jury instruction in Internet child pornography case contributed to jury's verdict and was therefore not harmless error.
Criminal Law and Procedure Mar. 11, 2004
Kalantari v. NITV, Inc.
Iranian embargo did not prohibit commercial importation and copyrighting of Iranian movie in United States.
Intellectual Property Mar. 11, 2004
Glen Holly Entertainment Inc. v. Tektronix Inc.
Amended opinion
Mar. 11, 2004
Earthquake Sound Corp. v. Bumper Industries
Manufacturer of car audio products that willfully infringed trademark is liable for attorney fees.
Civil Procedure Mar. 11, 2004
U.S. v. Hernandez-Valdovinos
Defendant's prior conviction for 'Attempted Sale of Narcotics' is drug trafficking offense for purpose of sentencing guideline's enhancement.
Criminal Law and Procedure Mar. 11, 2004
United States v. 1.377 Acres of Land
Plain language of leases vested tenants with right to recover proportionate amount of any condemnation award or settlement obtained by landlord.
Real Property Mar. 11, 2004
Wang v. INS
Chinese national alleging persecution and forced sterilization is not entitled to asylum.
Immigration Mar. 11, 2004
Gherebi v. Bush
Executive Branch may not hold uncharged citizens of foreign nations in indefinite detention at Guantanamo without giving them right to challenge detention.
Government Mar. 11, 2004
Sierra Club v. United States Environmental Protection Agency
Amended opinion
Mar. 11, 2004
U.S. v. Somsamouth
SSI benefits recipients' statements regarding inability to engage in substantial gainful activity constituted false representations of material fact.
Criminal Law and Procedure Mar. 11, 2004
Rus, Miliband & Smith v. Conkle & Olesten
Mar. 11, 2004
Riley v. Payne
Attorney's failure to interview key client in criminal case results in ineffective assistance of counsel.
Criminal Law and Procedure Mar. 11, 2004
U.S. v. Kincade
Order
Mar. 11, 2004
Termine v. William S. Hart Union High School District
Order
Mar. 11, 2004
Prieto v. Paul Revere Life Insurance Co.
Insurance company did not act in bad faith when it denied insured's claim for disability.
Insurance Mar. 11, 2004
Wagner v. Professional Engineers in California Government
Union nonmembers are judicially estopped from pursuing claim that union improperly categorized certain activities as representational.
Civil Procedure Mar. 11, 2004
U.S. v. Mitchell
Court did not miscalculate defendant's criminal history score under U.S. Sentencing Guidelines by including 1993 juvenile conviction.
Criminal Law and Procedure Mar. 11, 2004
Playboy Enterprises Inc. v. Netscape Communications Corp.
Genuine issues of material fact preclude summary judgment on trademark infringement and dilution claims.
Intellectual Property Mar. 11, 2004
Mena v. City of Simi Valley
Order
Mar. 11, 2004
Beier v. City of Lewiston
Police officers who arrested plaintiff for violating protection order they did not read are not entitled to qualified immunity.
Criminal Law and Procedure Mar. 11, 2004
Lion Raisins Inc. v. U.S. Dept. of Agriculture
Raisin manufacturer being investigated for falsifying documents may seek disclosure of investigation records.
Civil Procedure Mar. 11, 2004
Kalama Services Inc. v. Director, Office of Workers Compensation Programs
Injuries suffered by off-duty employee during foreseeable activity gave rise to receipt of workers' compensation benefits.
Government Mar. 11, 2004
U.S. v. $100,348 in U.S. Currency
Possessor of seized currency has standing to challenge forfeiture as excessive fine under Eighth Amendment.
Civil Procedure Mar. 11, 2004
Williams v. Rhoades
Prosecutor's peremptory strike of African American from defendant's jury did not violate equal protection guarantees.
Criminal Law and Procedure Mar. 11, 2004
Nardi v. Stewart
Court lacks authority to sua sponte dismiss habeas petition as time-barred after state files answer failing to raise statute of limitations defense.
Civil Procedure Mar. 11, 2004
Eichacker v. The Paul Revere Life Insurance Co.
Appellant provided facts sufficient for reasonable jury to find he met insurance policy's definition of disability.
Insurance Mar. 11, 2004
Martinez v. City of Oxnard
Order
Mar. 11, 2004
United States v. Clifford Matley Family Trust
Court-appointed Water Master adopted incorrect standard in approving farm land reclassification petition.
Environmental Law Mar. 11, 2004
U.S. v. Deemer
Police officers' entry into adjacent hotel room did not fall within emergency exception to Fourth Amendment warrant requirement.
Criminal Law and Procedure Mar. 11, 2004