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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
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
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
Dastar Corp. v. Twentieth Century Fox Film Corp.
Lanham Act does not prohibit unaccredited copying of uncopyrighted work.
Intellectual Property Jun. 10, 2003
People v. Felix
Jun. 10, 2003
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
Prato v. Vallas
Order
Jun. 10, 2003
People v. El Dorado County
Jun. 10, 2003
Clark v. Murphy
Amended opinion
Jun. 10, 2003
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
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
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
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
Schott v. Commissioner of Internal Revenue
Grantor-retained annuity trust qualifies as interest under 26 U.S.C. Section 2702.
Taxation Jun. 10, 2003
Nordyke v. King
Local ordinance prohibiting the possession of firearms does not infringe on right of free speech.
Constitutional Law Jun. 10, 2003
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
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
H & R Block Inc. v. Anderson
Order
Jun. 9, 2003
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
In re Cox on Habeas Corpus
Opinion
Criminal Law and Procedure Jun. 9, 2003
People v. Smith
Order
Jun. 6, 2003
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
Lewis v. Clarke
Jun. 6, 2003
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
Winter v. D.C. Comics
Triable issue of fact exists for misappropriation claim under 'transformative test.'
Torts Jun. 5, 2003
Opinion of Lockyer
Board of retirement of private company does not have responsibility to administer pension system established for employees.
Government Jun. 4, 2003
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
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
Miles v. Okun (In re Miles)
Bankruptcy law pre-empts state law tort remedies for filing involuntary bankruptcies.
Bankruptcy Jun. 3, 2003
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