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Name Category Published
Kelly v. Arriba Soft Corp.
Defendant's creation and use of 'thumbnails' of plaintiff's photographs in its Internet search engine are fair use.
Intellectual Property Oct. 10, 2003
Hunt v. Pliler
Amended opinion
Oct. 10, 2003
Lockheed v. Superior Court (Adams)
Order
Oct. 10, 2003
McNeely v. Blanas
Amended opinion
Oct. 10, 2003
Gonzalez v. Toews
Sheriff's sale of property containing residential dwelling is final.
Real Property Oct. 10, 2003
California Psychiatric Transitions Inc. v. Delhi County Water District
Lawsuit against water district alleging excessive connection fee was time-barred.
Civil Procedure Oct. 10, 2003
St. Paul Mercury Insurance Co. v. Frontier Pacific Insurance Co.
Court erred by interpreting ambiguous coverage terms against insurer to cover claims of insured arising from its own negligence or strict products liability.
Insurance Oct. 10, 2003
Karam v. City of Burbank
Order
Oct. 10, 2003
Karam v. City of Burbank
Order
Oct. 10, 2003
Rivera v. National Railroad Passenger Corp.
Under doctrine of respondeat superior, employer may be liable for defamatory statements made by its employees.
Torts Oct. 9, 2003
People v. Burroughs
Order
Oct. 9, 2003
Northwest Airlines v. Ontario
Order
Oct. 9, 2003
Appling v. State Farm Mutual Automobile Insurance Co.
Because of inconsistent prior judgments, court correctly exercised its discretion by refusing to apply offensive non-mutual collateral estoppel.
Civil Procedure Oct. 9, 2003
Delhomme v. Ramirez
Subsequent overlapping habeas petitions did not affect pendency of first round of state collateral review for tolling purposes.
Criminal Law and Procedure Oct. 9, 2003
U.S. v. Radmall
Imposition of new sentence did not violate double jeopardy clause because defendant had no legitimate expectation of finality of his sentence.
Criminal Law and Procedure Oct. 9, 2003
Johnson v. County of Los Angeles
Police officer is entitled to qualified immunity when use of force is objectively reasonable; denial of summary judgment was error.
Criminal Law and Procedure Oct. 9, 2003
Singh v. INS
Appeal dismissal error occurs when Board of Immigration Appeals deprives petitioner of opportunity to timely file brief by sending information to wrong address.
Immigration Oct. 9, 2003
U.S. v. Camacho
Crime of failure to appear is continuing offense; accordingly, defendant should be sentenced under U.S. Sentencing Guidelines.
Criminal Law and Procedure Oct. 9, 2003
Clear Channel Outdoor Inc. v. City of Los Angeles
City may charge fee to companies to inspect off-site billboards.
Constitutional Law Oct. 9, 2003
King v. Roe
Petitioner is not entitled to tolling because second series of habeas petitions is treated as separate round of collateral review.
Criminal Law and Procedure Oct. 9, 2003
Mercado v. Allstate Insurance Co.
Plaintiff who was struck by vehicle failed to establish motorist's insurer acted in bad faith.
Insurance Oct. 9, 2003
Northwest Environment Advocates v. U.S. Environmental Protection Agency
Order
Oct. 9, 2003
National Assn. of Home Builders v. Norton
Fish and Wildlife Service acted arbitrarily and capriciously in designating Arizona's pygmy-owl population as distinct population segment.
Environmental Law Oct. 9, 2003
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