| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
02-70384
|
Lo v. Ashcroft
Petitioner's failure to attend hearing due to ineffective assistance of counsel was exceptional circumstance requiring rescission of removal order. |
Immigration |
|
Oct. 21, 2003 | |
|
01-35959
|
U.S. v. Skurdal
Defendant's attorney's failure to file proper 'Anders' brief in support of being relieved from representing defendant, constituted ineffective assistance of counsel. |
Criminal Law and Procedure |
|
Oct. 21, 2003 | |
|
02-10077
|
U.S. v. Leon
Court was authorized to grant downward sentence departure to defendant who had to care for ailing wife. |
Criminal Law and Procedure |
|
Oct. 21, 2003 | |
|
01-71405
|
California Dept. of Water Resources v. Federal Energy Regulatory Commission
Federal agency must reconsider whether public corporation should control state's power outages. |
Administrative Agencies |
|
Oct. 21, 2003 | |
|
S105735
|
Kahn v. East Side Union High School District
Coach may be liable for instructing swimmer to dive into shallow end of racing pool. |
Torts |
|
Oct. 21, 2003 | |
|
02-15742
|
Theofel v. Farey-Jones
Defendants violated federal electronic privacy statute when they used patently unlawful subpoena to gain access to plaintiffs' e-mail. |
Civil Procedure |
|
Oct. 21, 2003 | |
|
01-55808
|
Gill v. Ayers
Court erred in refusing to allow defendant to testify at Three Strikes sentencing hearing. |
Criminal Law and Procedure |
|
Oct. 21, 2003 | |
|
01-56044
|
Bingham v. City of Manhattan Beach
Amended opinion |
|
Oct. 21, 2003 | ||
|
02-15850
|
Taybron v. City and County of San Francisco
In sexual harassment action, district court erred in finding that there is no genuine issue of material fact regarding issue of remediation. |
Employment Law |
|
Oct. 21, 2003 | |
|
02-16009
|
Citizens for Better Forestry v. U.S. Dept. of Agriculture
Environmental group may sue federal agency that promulgated forest management policy. |
Environmental Law |
|
Oct. 21, 2003 | |
|
01-35508
|
Bell v. Clackamas
Amended opinion |
|
Oct. 21, 2003 | ||
|
01-35940
|
Tracey v. Palmateer
State and federal courts are not required to hold hearing every time claim of juror bias is raised. |
Criminal Law and Procedure |
|
Oct. 21, 2003 | |
|
00-16691
|
Goldman v. Standard Insurance Co.
Insurer that denied coverage to applicant with adjustment disorder may be liable under Unruh Act. |
Insurance |
|
Oct. 21, 2003 | |
|
02-15587
|
Howard v. Barnhart
Administrative law judge erred in not having specialist examine disability claimant's case as whole. |
Government |
|
Oct. 21, 2003 | |
|
01-16694
|
United States v. Alpine Land & Reservoir Co.
State Engineer's approval of water rights transfer applications was supported by substantial evidence. |
Environmental Law |
|
Oct. 21, 2003 | |
|
00-35988
|
Noel v. Hall
Pending suit in state superior court does not prevent plaintiff from pursuing fiduciary duty claim simultaneously in federal court. |
Civil Procedure |
|
Oct. 21, 2003 | |
|
02-35901
|
Lema v. U.S. Immigration and Naturalization Service
INS may extend detention of removable alien who refuses to cooperate to secure travel documents. |
Immigration |
|
Oct. 21, 2003 | |
|
02-15057
|
Kong v. Scully
Law permitting payments for care of persons who refuse medical services for religious reasons is constitutional. |
Constitutional Law |
|
Oct. 21, 2003 | |
|
02-15035
|
Gator.com Corp. v. L.L. Bean Inc.
District court had jurisdiction over retailer that conducted extensive mail-order and internet business within state. |
Civil Procedure |
|
Oct. 21, 2003 | |
|
01-55716
|
Brambles v. Duncan
Amended opinion |
|
Oct. 21, 2003 | ||
|
02-15483
|
Carroll v. Nakatani
Plaintiffs lack standing to bring equal protection challenges to Article XII of Hawaiian State Constitution. |
Constitutional Law |
|
Oct. 21, 2003 | |
|
01-71736
|
Confederated Tribes of the Umatilla Indian Reservation v. Bonneville Power Administration
Equitable mandate does not require every Bonneville Power Administration decision to treat fish and wildlife equitably with power. |
Administrative Agencies |
|
Oct. 21, 2003 | |
|
02-35547
|
M.L. v. Federal Way School District
Minor with disabilities and parents failed to demonstrate minor was denied free appropriate public education under Individuals with Disabilities Education Act. |
Education |
|
Oct. 21, 2003 | |
|
01-35675
|
Sanders v. Ryder
Pro se habeas corpus petitioner sufficiently exhausted his federal ineffective assistance of counsel claim in state court. |
Criminal Law and Procedure |
|
Oct. 21, 2003 | |
|
97-50468
|
U.S. v. Shryock
Convictions and sentences under RICO for defendants involved in Mexican mafia are affirmed. |
Criminal Law and Procedure |
|
Oct. 21, 2003 | |
|
B161881
|
Medina v. Board of Retirement
County's board of retirement would contravene statutory authority if it classified deputy district attorneys as safety members. |
Government |
|
Oct. 21, 2003 | |
|
A097247
|
People v. North
|
|
Oct. 21, 2003 | ||
|
B140133
|
Bechtel Petroleum Operations Inc. v. Continental Insurance Co.
Because of absolute pollution exclusions in policies, insurers have no duty to defend lawsuits for injuries arising from exposure to toxic substances. |
Insurance |
|
Oct. 20, 2003 | |
|
S105776
|
Bechtel Petroleum Operations Inc. v. Continental Insurance Co.
Order |
|
Oct. 20, 2003 | ||
|
02-1019
|
Arizona v. Gant
Order |
|
Oct. 20, 2003 |
