Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
01-56595
|
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 | |
01-15665
|
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 | |
02-55954
|
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 | |
01-36102
|
Connett v. Barnhart
Applicant who exaggerated symptoms was not entitled to Social Security disability benefits. |
Administrative Agencies |
|
Oct. 9, 2003 | |
02-55848
|
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 | |
02-70546
|
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 | |
02-16700
|
Aspen Green v. City of Tucson
Consent requirement for municipal incorporation is constitutional. |
Government |
|
Oct. 9, 2003 | |
01-17531
|
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 | |
01-36142
|
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 | |
02-16744
|
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 | |
02-35558
|
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 | |
02-15027
|
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 | |
01-70616
|
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 | |
02-16225
|
McNabb v. Barnhart
Court failed to consider all available evidence to determine whether applicant was entitled to disability benefits. |
Administrative Agencies |
|
Oct. 9, 2003 | |
02-56956
|
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 | |
G032293
|
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 | |
02-15430
|
Grimes v. New Century Mortgage Corp.
Homeowner may sue mortgage company that allegedly misrepresented amount of monthly payment due. |
Contracts |
|
Oct. 9, 2003 | |
01-30200
|
U.S. v. Chase
Dangerous-patient exception does not apply to federal psychotherapist-patient privilege. |
Civil Procedure |
|
Oct. 9, 2003 | |
02-35863
|
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 | |
02-10506
|
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 | |
01-17049
|
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 | |
03-10067
|
U.S. v. Garcia
Defendants must show exceptional reasons justifying release on bail pending their appeals. |
Criminal Law and Procedure |
|
Oct. 9, 2003 | |
02-56339
|
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 | |
02-50282
|
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 | |
02-15202
|
Young v. Coloma-Agaran
State lacked authority to ban commercial tour boats from operating in Hawaiian bay. |
Constitutional Law |
|
Oct. 9, 2003 | |
02-55368
|
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 | |
G029474
|
Jalali v. Root
|
|
Oct. 9, 2003 | ||
S106440
|
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 | |
S114470
|
Mitsubishi Materials v. Superior Court (Dillman)
Order |
|
Oct. 9, 2003 | ||
01-17049
|
Lippitt v. Raymond James Financial Services Inc.
Amended opinion |
|
Oct. 9, 2003 |