Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
S104543
|
MacKinnon v. Truck Insurance Exchange
Order |
|
Jun. 1, 2003 | ||
S105735
|
Kahn v. East Side Union High School District
Order |
|
Jun. 1, 2003 | ||
S106586
|
Mejia v. Reed
Order |
|
Jun. 1, 2003 | ||
S105781
|
People v. Montes
Order |
|
Jun. 1, 2003 | ||
01-36143
|
Ferguson v. Palmateer
Federal one-year statute of limitations for habeas petitions need not be extended to allow full application of Oregon's two-year limitations period. |
Criminal Law and Procedure |
|
May 30, 2003 | |
01-56927
|
Lewis v. Lewis
Trial and appeal courts failed to determine whether purposeful racial discrimination occurred during jury selection. |
Criminal Law and Procedure |
|
May 30, 2003 | |
00-17266
|
State of California Dept. of Social Services v. Thompson
Benefits provided under Aid to Families with Dependent Foster Care Program are not limited to 'home of removal.' |
Juveniles |
|
May 30, 2003 | |
01-10669
|
U.S. v. Auld
Downward sentencing departure should begin from statutorily required minimum sentence rather than guideline sentence. |
Criminal Law and Procedure |
|
May 30, 2003 | |
02-10024
|
U.S. v. Luna-Orozco
Defendant who intended to plead guilty but did not enter formal plea is still bound by agreement. |
Criminal Law and Procedure |
|
May 30, 2003 | |
01-17240
|
Cassel v. Kolb (In re Kolb)
Despite disclaimer of interest, contingent interest which was declared on debtor's loan applications is asset of bankruptcy estate. |
Bankruptcy |
|
May 30, 2003 | |
02-55883
|
Connecticut General Life Insurance Co. v. New Images of Beverly Hills
Preliminary injunction that froze assets alleged to be related to insurance fraud scheme was properly granted. |
Civil Procedure |
|
May 30, 2003 | |
02-70454
|
Huerta-Guevara v. Ashcroft
Defendant who was convicted of possession of stolen vehicle did not commit aggravated felony that subjected her to removal from country. |
Immigration |
|
May 30, 2003 | |
02-70003
|
Iturribarria v. INS
Alleged claim of ineffective assistance of counsel did not prejudice claim for suspension of deportation. |
Immigration |
|
May 30, 2003 | |
02-55119
|
Bernstein v. Lopez
School superintendent enjoys qualified immunity from lawsuit of school principals challenging reassignment. |
Government |
|
May 30, 2003 | |
01-15687
|
Atel Financial Corp. v. Quaker Coal Co.
Liquidated damages clause in lease agreement is unenforceable as penalty. |
Contracts |
|
May 30, 2003 | |
01-57184
|
Winterrowd v. American General Annuity Insurance Co.
Insurance company failed to offer severance benefits pursuant to ERISA 'employee benefit plan.' |
Employment Law |
|
May 30, 2003 | |
01-16265
|
Littlejohn v. United States
Veteran's receipt of disability benefits due to hospital negligence does not have preclusive effect on subsequent tort lawsuit against government. |
Torts |
|
May 30, 2003 | |
01-17300
|
U.S. v. Dan Caputo Co.
Union failed to show contractors failed to pay prevailing wage rate under False Claims Act. |
Labor Law |
|
May 30, 2003 | |
02-10170
|
U.S. v. Doe
Juvenile charged with federal crime must be tried within 30 days of his certification for federal juvenile proceedings. |
Criminal Law and Procedure |
|
May 30, 2003 | |
01-70622
|
Cedano-Viera v. Ashcroft
Where there is no jurisdiction to review removal order based on aggravated felony conviction, court also lacks jurisdiction to consider constitutional challenges. |
Immigration |
|
May 30, 2003 | |
02-70660
|
Bear Lake Watch Inc. v. Federal Energy Regulatory Commission
Energy commission properly declined jurisdiction over reservoir that was not necessary to operation of power project. |
Administrative Agencies |
|
May 30, 2003 | |
02-16269
|
Arakaki v. Cayetano
Native Hawaiians were not entitled to intervene in lawsuit regarding provision of state benefits. |
Civil Procedure |
|
May 30, 2003 | |
01-35803
|
Mann v. American Airlines
District court had discretion to extend time to serve process after 120-day period expired. |
Civil Procedure |
|
May 30, 2003 | |
00-50669
|
U.S. v. Celestine
Affidavit supporting probable cause determination for warrant need not be served at time of search. |
Criminal Law and Procedure |
|
May 30, 2003 | |
01-16565
|
Apao v. Bank of New York
Private lender's use of non-judicial foreclosure does not trigger due process protections under 14th Amendment. |
Constitutional Law |
|
May 30, 2003 | |
01-70973
|
Vasquez-Zavala v. Ashcroft
Remedy of suspended deportation is unavailable where charging documents were filed after Immigration Reform and Immigrant Responsibility Act. |
Immigration |
|
May 30, 2003 | |
02-10327
|
U.S. v. Chen
Immigrant's false statements regarding entry into United States were material for his conviction for making false statement. |
Criminal Law and Procedure |
|
May 30, 2003 | |
01-30398
|
U.S. v. Fernandez-Castillo
Reasonable suspicion to conduct investigatory vehicle stop was present where officer received credible report that vehicle was driven erratically. |
Criminal Law and Procedure |
|
May 30, 2003 | |
02-70457
|
Elings v. Commissioner of Internal Revenue
Notice of tax deficiency that failed to include deadline was valid because taxpayer suffered no prejudice. |
Taxation |
|
May 30, 2003 | |
02-15128
|
Flores v. Morgan Hill Unified School District
Students may sue school administrators for failing to respond to peer harassment based on sexual orientation. |
Civil Rights |
|
May 30, 2003 |