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Traditional Cat Assn. Inc. v. Gilbreath
Court abused discretion by denying attorney fees to parties who successfully defended copyright lawsuit.
Civil Procedure Oct. 9, 2003
United States v. Alpine Land & Reservoir Co. (Nevada State Engineer)
Water right appurtenant to parcel cannot be perfected and subject to transfer unless it is put to beneficial use.
Real Property Oct. 9, 2003
Karam v. City of Burbank
City is not liable for investigating resident who stayed at city council meeting after being ordered to leave.
Government Oct. 9, 2003
Connett v. Barnhart
Applicant who exaggerated symptoms was not entitled to Social Security disability benefits.
Administrative Agencies Oct. 9, 2003
Ansley v. Ameriquest Mortgage Co.
Because federal Alternative Mortgage Transaction Parity Act doesn't completely pre-empt all California laws relating to alternative mortgage transaction, court lacks jurisdiction.
Civil Procedure Oct. 9, 2003
Mendez-Gutierrez v. Ashcroft
BIA abused its discretion by failing to address petitioner's claim of well-founded fear of future prosecution before determining he was not eligible for asylum.
Immigration Oct. 9, 2003
Aspen Green v. City of Tucson
Consent requirement for municipal incorporation is constitutional.
Government Oct. 9, 2003
Jaramillo v. Stewart
Petitioner's claim of actual innocence is sufficient to require evidentiary hearing despite procedural default.
Criminal Law and Procedure Oct. 9, 2003
Lawrence v. United States
Federal agents are entitled to immunity where they reasonably determined drug-trafficking felon needn't be prohibited from working with juveniles.
Civil Procedure Oct. 9, 2003
Evanchyk v. Stewart
Where felony murder was theory of first-degree murder, generic conspiracy instruction omitted element of intent to kill and violated defendant's due process rights.
Criminal Law and Procedure Oct. 9, 2003
Miller v. Clark County
Officer who ordered police dog to bite and hold suspect did not violate Fourth Amendment.
Criminal Law and Procedure Oct. 9, 2003
Turtle Island Restoration Network v. National Marine Fisheries Service
High Seas Fishing Compliance Act contains ample discretion to allow conditioning of permits for benefit of protected species.
Environmental Law Oct. 9, 2003
Bell v. Bonneville Power Administration
Where curtailment amendments were not inextricably linked with original contract's ratemaking provisions, Regional Act does not apply.
Government Oct. 9, 2003
McNabb v. Barnhart
Court failed to consider all available evidence to determine whether applicant was entitled to disability benefits.
Administrative Agencies Oct. 9, 2003
Los Angeles News Service v. Reuters Television International Limited
News organization may not recover actual damages under Copyright Act for acts of infringement that mostly occur outside United States.
Intellectual Property Oct. 9, 2003
D.E. v. Superior Court (Orange County Social Services Agency)
Time requirements for dispositional hearing take precedence over arguable statutory right of parent to be present at hearing.
Juveniles Oct. 9, 2003
Grimes v. New Century Mortgage Corp.
Homeowner may sue mortgage company that allegedly misrepresented amount of monthly payment due.
Contracts Oct. 9, 2003
U.S. v. Chase
Dangerous-patient exception does not apply to federal psychotherapist-patient privilege.
Civil Procedure Oct. 9, 2003
Lounsbury v. Thompson
Because defendant's competency claim was logically contained within his state petition for review, his federal habeas appeal isn't procedurally barred.
Criminal Law and Procedure Oct. 9, 2003
U.S. v. Leon-Paz
Defendant's due process rights were denied at his deportation hearing when Immigration Judge gave him erroneous information.
Immigration Oct. 9, 2003
Lippett v. Raymond James Financial Services Inc.
Case is remanded to state court because plaintiff's claim is not pre-empted nor does it rely on federal law.
Civil Procedure Oct. 9, 2003
U.S. v. Garcia
Defendants must show exceptional reasons justifying release on bail pending their appeals.
Criminal Law and Procedure Oct. 9, 2003
Greene v. Sprint Communications Co.
There is no private right of action to recover damages for violation of FCC regulations promulgated under Section 276 of Telecommunications Act.
Civil Procedure Oct. 9, 2003
U.S. v. Sutter
Pending discovery motion that is under advisement does not indefinitely suspend defendant's right to speedy trial.
Criminal Law and Procedure Oct. 9, 2003
Young v. Coloma-Agaran
State lacked authority to ban commercial tour boats from operating in Hawaiian bay.
Constitutional Law Oct. 9, 2003
Armentero v. INS
Proper respondents in alien's habeas petition, alleging unlawful indefinite detention, are Attorney General and Secretary of Dept. of Homeland Security.
Immigration Oct. 9, 2003
Jalali v. Root
Oct. 9, 2003
People v. Neal
Confessions made by defendant who initiated contact with police following evening of isolated confinement were involuntary.
Criminal Law and Procedure Oct. 9, 2003
Mitsubishi Materials v. Superior Court (Dillman)
Order
Oct. 9, 2003
Lippitt v. Raymond James Financial Services Inc.
Amended opinion
Oct. 9, 2003