| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
02-35912
|
Providence Health System-Washington v. Thompson
Nursing home that purchased right to operate from closed facility was not entitled to Medicare exemption as 'new provider.' |
Administrative Agencies |
|
Feb. 17, 2004 | |
|
01-57256
|
Standard Concrete Products Inc. v. General Truck Drivers, Office, Food and Warehouse Union Local 952
Local bargaining unit that went on 'sympathy strike' did not violate collective bargaining agreement. |
Labor Law |
|
Feb. 17, 2004 | |
|
01-56879
|
Southern California Edison Co. v. Lynch
Settlement between utilities provider and state agency did not violate open meetings law. |
Administrative Agencies |
|
Feb. 17, 2004 | |
|
02-71267
|
Arulampalam v. Ashcroft
Immigration judge made improper adverse credibility finding based on his difficultiy in understanding petitioner's reponses to questions. |
Immigration |
|
Feb. 17, 2004 | |
|
S094467
|
Shively v. Bozanich
Discovery rule does not apply to delay accrual of cause of action for defamation contained in published book. |
Torts |
|
Feb. 17, 2004 | |
|
S108309
|
People v. Smith
State supreme court rejects doctrine of sentencing entrapment. |
Criminal Law and Procedure |
|
Feb. 17, 2004 | |
|
02-17079
|
Lucchesi v. Bar-O Boys Ranch
Because two claims are predicated on same wrong, plaintiffs will be entitled to equitable tolling if they satisfy California's three-pronged test. |
Civil Procedure |
|
Feb. 17, 2004 | |
|
02-16508
|
Artichoke Joe's California Grand Casino v. Norton
California's exception of gaming operations on tribal land from its prohibition of class III gaming passes constitutional muster. |
Gaming |
|
Feb. 17, 2004 | |
|
02-16829
|
Shaw v. Terhune
Prosecutions of two defendants arising from single instance of firearm use did not lead to constitutional violation. |
Criminal Law and Procedure |
|
Feb. 17, 2004 | |
|
02-35665
|
Chale v. Allstate Life Insurance Co.
Climber's death on Mt. Kilimanjaro falls within meaning of accidental injury as used in life insurance policy. |
Insurance |
|
Feb. 17, 2004 | |
|
02-16436
|
City of Martinez v. Texaco Trading & Transportation Inc.
Res judicata does not apply in civil case regarding property rights' claims that were not adjudicated in prior proceedings. |
Civil Procedure |
|
Feb. 17, 2004 | |
|
01-17126
|
Jackson v. Carey
Prisoner who was transferred before his inmate appeal was heard may sue for due process violation. |
Prisoners Rights |
|
Feb. 17, 2004 | |
|
00-10170
|
United States v. Arnett
Order |
|
Feb. 17, 2004 | ||
|
02-17236
|
Feitelberg v. Merrill Lynch & Co.
Order |
|
Feb. 17, 2004 | ||
|
02-10423
|
U.S. v. Garcia-Rivera
Trial court's ambiguous instruction to jury regarding time period of crime requires new trial. |
Criminal Law and Procedure |
|
Feb. 17, 2004 | |
|
03-50056
|
U.S. v. De La Fuente
Defendant convicted of mailing threats may be ordered to pay restitution to postal service. |
Criminal Law and Procedure |
|
Feb. 17, 2004 | |
|
01-56695
|
Mattel Inc. v. Walking Mountain Productions
Appellant's depiction of Barbie in his photographs did not amount to trademark infringement because of fair use. |
Intellectual Property |
|
Feb. 17, 2004 | |
|
02-35269
|
Lombardo v. Warner
Oregon act is not content-based regulation because it defines on-premises billboards with respect to location only. |
Constitutional Law |
|
Feb. 17, 2004 | |
|
03-30016
|
U.S. v. Gutierrez-Silva
Sentence for illegal re-entry that exceeded government's recommendation was lawful. |
Criminal Law and Procedure |
|
Feb. 17, 2004 | |
|
03-30078
|
U.S. v. Jones
Trial court was not required to provide written jury instructions. |
Criminal Law and Procedure |
|
Feb. 17, 2004 | |
|
02-56213
|
Carson Harbor Village v. City of Carson
Defendant's failure to seek compensation through state procedures results in dismissal of takings claim. |
Constitutional Law |
|
Feb. 17, 2004 | |
|
03-10393
|
U.S. v. Twine
Order |
|
Feb. 17, 2004 | ||
|
H024442
|
People v. Bautista
|
|
Feb. 17, 2004 | ||
|
S107792
|
Eastburn v. Regional Fire Protection Authority
Emergency dispatchers are not liable for injuries sustained after delayed response to 911 call. |
Torts |
|
Feb. 13, 2004 | |
|
02-2153
|
UMG Recordings Inc. v. Sinnott
Flea market owner that permitted vendors to sell pirated music is liable for copyright infringement. |
Intellectual Property |
|
Feb. 13, 2004 | |
|
S120424
|
People v. Apodaca
Order |
|
Feb. 12, 2004 | ||
|
02-1192
|
Cooper Industries Inc. v. Aviall Services Inc.
Order |
|
Feb. 12, 2004 | ||
|
03-7434
|
Benitez v. Wallis
Order |
|
Feb. 12, 2004 | ||
|
03-508
|
Opinion of Lockyer
School board may not avoid conflict of interest provisions of Government Code Section 1090 by delegating its authority to district superintendent. |
Government |
|
Feb. 12, 2004 | |
|
S107154
|
Marriage of Goddard
Order |
|
Feb. 11, 2004 |
