Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
B148379
|
People v. Flores
Remand is proper remedy when defendant is ordered to pay attorney fees without notice and hearing. |
Criminal Law and Procedure |
|
Jun. 11, 2003 | |
02-299
|
Entergy Louisiana Inc. v. Louisiana Public Service Commission
State regulator's order regarding electricity retail rates is pre-empted by system agreement approved by Federal Energy Regulatory Commission. |
Administrative Agencies |
|
Jun. 10, 2003 | |
02-306
|
Beneficial National Bank v. Anderson
Usury claim against national bank is governed solely by federal law and therefore removable to federal court. |
Civil Procedure |
|
Jun. 10, 2003 | |
02-428
|
Dastar Corp. v. Twentieth Century Fox Film Corp.
Lanham Act does not prohibit unaccredited copying of uncopyrighted work. |
Intellectual Property |
|
Jun. 10, 2003 | |
D039818
|
People v. Felix
|
|
Jun. 10, 2003 | ||
02-1101
|
Opinion of Lockyer
California Public Employees' Retirement System may allow its fiduciaries to purchase 'waivers of recourse' coverage from its self-insurance program. |
Government |
|
Jun. 10, 2003 | |
02-1042
|
Prato v. Vallas
Order |
|
Jun. 10, 2003 | ||
C039428
|
People v. El Dorado County
|
|
Jun. 10, 2003 | ||
00-16727
|
Clark v. Murphy
Amended opinion |
|
Jun. 10, 2003 | ||
99-15645
|
Costa v. Desert Palace Inc.
Title VII does not impose special or heightened evidentiary burden on plaintiff in 'mixed-motive' case during trial. |
Employment Law |
|
Jun. 10, 2003 | |
B146516
|
Rosen v. State Farm General Insurance Co.
Homeowner's policy that defines term 'collapse' as 'actually fallen down or fallen into pieces' provides coverage for imminent collapse. |
Insurance |
|
Jun. 10, 2003 | |
01-71636
|
Hoxha v. Ashcroft
Whether asylum petitioner has reasonable fear of persecution depends on individual experience and degree of persecution toward ethnic group. |
Immigration |
|
Jun. 10, 2003 | |
02-15139
|
Stillman v. LaMarque
Habeas petitioner is not entitled to benefit of mailbox rule but is entitled to equitable tolling because of prison officials' misconduct. |
Criminal Law and Procedure |
|
Jun. 10, 2003 | |
02-70007
|
Schott v. Commissioner of Internal Revenue
Grantor-retained annuity trust qualifies as interest under 26 U.S.C. Section 2702. |
Taxation |
|
Jun. 10, 2003 | |
99-17551
|
Nordyke v. King
Local ordinance prohibiting the possession of firearms does not infringe on right of free speech. |
Constitutional Law |
|
Jun. 10, 2003 | |
01-16823
|
Ho v. Newland
Habeas petition was improperly denied where court failed to remedy erroneous jury instruction on elements of crime. |
Criminal Law and Procedure |
|
Jun. 10, 2003 | |
02-16214
|
EIE Guam Corp. v. Long Term Credit Bank of Japan Ltd.
Foreign sovereign who was voluntarily joined as defendant may have case removed from territorial court to federal court. |
Civil Procedure |
|
Jun. 10, 2003 | |
02-312
|
H & R Block Inc. v. Anderson
Order |
|
Jun. 9, 2003 | ||
A091877
|
Ferguson v. Lieff, Cabraser, Heimann & Bernstein LLP
Clients who participated in class action settlement cannot sue attorneys for lost potential punitive damages. |
Attorneys |
|
Jun. 9, 2003 | |
S004507
|
In re Cox on Habeas Corpus
Opinion |
Criminal Law and Procedure |
|
Jun. 9, 2003 | |
S106486
|
People v. Smith
Order |
|
Jun. 6, 2003 | ||
02-1012
|
Opinion of Lockyer
Public entity may accept bid for construction of public works project even though subcontractors' business locations are not listed. |
Government |
|
Jun. 6, 2003 | |
B160291
|
Lewis v. Clarke
|
|
Jun. 6, 2003 | ||
G027381
|
Anthony L. v. Superior Court (People)
Penal Code Section 186.22(d) applies to all gang-related offenses and is more aptly characterized as penalty provision, not as substantive offense. |
Criminal Law and Procedure |
|
Jun. 6, 2003 | |
B121021
|
Winter v. D.C. Comics
Triable issue of fact exists for misappropriation claim under 'transformative test.' |
Torts |
|
Jun. 5, 2003 | |
02-805
|
Opinion of Lockyer
Board of retirement of private company does not have responsibility to administer pension system established for employees. |
Government |
|
Jun. 4, 2003 | |
02-1230
|
Atwood v. Chase Manhattan Mortgage Co. (In re Atwood)
Creditor's proof of claim may include attorney fees allowed under mortgage agreement, but fees must be reasonable. |
Bankruptcy |
|
Jun. 3, 2003 | |
02-1434
|
Franklin v. Four Media Co. (In re Mike Hammer Productions Inc.)
Third party lacks standing to seek damages against creditor who improperly filed involuntary bankruptcy petition against debtor. |
Bankruptcy |
|
Jun. 3, 2003 | |
02-1528
|
Miles v. Okun (In re Miles)
Bankruptcy law pre-empts state law tort remedies for filing involuntary bankruptcies. |
Bankruptcy |
|
Jun. 3, 2003 | |
02-1191
|
Fjeldsted v. Lien (In re Fjeldsted)
Bona fide purchaser status alone is not exception to automatic stay of foreclosure sale nor cause to annul stay. |
Bankruptcy |
|
Jun. 3, 2003 |