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MetroNet Services Corp. v. US West Communications
Amended opinion
Jul. 23, 2003
U.S. v. Foreman
Court's denial of defendant's request to substitute counsel did not invalidate guilty plea.
Criminal Law and Procedure Jul. 23, 2003
Donald v. University of California Board of Regents
Private individuals are not entitled to settlement proceeds from qui tam action brought against state entity.
Government Jul. 23, 2003
Hills v. Scottsdale Unified School District
School district violated plaintiff's free speech rights by refusing to distribute brochure advertising bible classes.
Constitutional Law Jul. 23, 2003
Pelich v. INS
Denial of habeas petition was proper because petitioner's indefinite detention by INS is caused by his failure to cooperate with efforts to remove him.
Immigration Jul. 23, 2003
Vang v. State of Nevada
Habeas claims are not procedurally defaulted because state failed to rely on default in its motion to dismiss.
Criminal Law and Procedure Jul. 23, 2003
40235 Washington Street Corp. v. Lusardi
Good faith purchaser status under 11 U.S.C. Section 549(c) does not create exception to automatic stay provision.
Bankruptcy Jul. 23, 2003
Hernandez-Martinez v. Ashcroft
Petitioner's violation of Arizona Revised Statute Section 28-697 does not necessarily constitute deportable crime of moral turpitude.
Immigration Jul. 23, 2003
Forest Guardians v. U.S. Forest Service
U.S. Forest Service measures relating to cattle grazing are within its broad authority and afforded deference.
Environmental Law Jul. 23, 2003
U.S. v. Tekle
Sufficient evidence supports conviction of money laundering where necessary concealment is that of source of funds, not identity of defendant.
Criminal Law and Procedure Jul. 23, 2003
U.S. v. Migi
'Playground' where drugs are distributed includes areas with basketball court, softball field and skating rink.
Criminal Law and Procedure Jul. 23, 2003
Plata v. Davis
Order dealing with composition of plaintiff class in class action suit was not immediately appealable.
Civil Procedure Jul. 23, 2003
Libas Ltd. v. Carillo
Customs agents cannot be sued for assessing import duty at incorrect rate.
Government Jul. 23, 2003
Frontier Chevrolet Co. v. Commissioner of Internal Revenue
Because corporation redeemed stock in connection with covenant not to compete, it must amortize covenant under Internal Revenue Code Section 197.
Taxation Jul. 23, 2003
Cal-Micro Inc. v. Cantrell (In re Cantrell)
Corporate officer who is personally liable for fraud may discharge such debt in bankruptcy.
Bankruptcy Jul. 23, 2003
Yamamoto v. Bank of New York
Court has discretion to modify sequence of recission events under Truth in Lending Act.
Civil Procedure Jul. 23, 2003
U.S. v. Brande
Communication between juror and court clerk mandates evidentiary hearing to determine possible prejudicial impact.
Criminal Law and Procedure Jul. 23, 2003
Barthelemy v. Aschroft
Amended opinion
Jul. 23, 2003
Brown v. United States
IRS properly increased estate tax owed by decedent's estate to account for gift taxes paid within three years prior to death.
Taxation Jul. 23, 2003
Suzuki Motor Corp. v. Consumers Union of United States Inc.
Amended opinion
Jul. 22, 2003
Rice v. Fox Broadcasting Co.
False advertising that does not influence potential consumers' purchasing decisions, means deception is immaterial and therefore not actionable under the Lanham Act.
Intellectual Property Jul. 22, 2003
Webb v. Sloan
Municipal liability is proper because deputy district attorneys acted as final policymakers for city.
Government Jul. 22, 2003
Cervantes v. United States
'Detention of goods' exception to sovereign immunity waiver under Federal Tort Claims Act doesn't apply to plaintiff's negligence claim against United States.
Torts Jul. 22, 2003
U.S. v. Verduzco
Defendant who pleaded 'no contest' to charge violated terms of supervised release.
Criminal Law and Procedure Jul. 22, 2003
Silvers v. Sony Pictures Entertainment Inc.
Accrued cause of action for copyright infringement may be assigned to third party.
Intellectual Property Jul. 22, 2003
Brambles v. Duncan
Equitable tolling applies because court misled petitioner to believe he could dismiss habeas petition without prejudice, exhaust state claims and refile in federal court.
Criminal Law and Procedure Jul. 22, 2003
Total Procurement Systems Inc. v. U.S. Department of Defense
Freedom of Information Act requires government agency to produce electronic data in 'zipped' format if it is 'readily reproducible' by the agency.
Government Jul. 22, 2003
Oxygenated Fuels Association Inc. v. Davis
California's ban on MTBE is not expressly nor impliedly pre-empted by Clean Air Act.
Environmental Law Jul. 22, 2003
U.S. v. Smith
Sentencing guidelines preclude downward departure despite existence of extraordinary circumstances surrounding defendant's mental condition.
Criminal Law and Procedure Jul. 22, 2003
Employers Insurance of Wausau v. Granite State Insurance Co.
Primary insurer's subrogation action isn't time-barred; policy 'stacking' leaves primary insurer totally responsible for settlement paid on behalf of insured.
Insurance Jul. 22, 2003