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MacKinnon v. Truck Insurance Exchange
Order
Jun. 1, 2003
Kahn v. East Side Union High School District
Order
Jun. 1, 2003
Mejia v. Reed
Order
Jun. 1, 2003
People v. Montes
Order
Jun. 1, 2003
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
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
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
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
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
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
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
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
Iturribarria v. INS
Alleged claim of ineffective assistance of counsel did not prejudice claim for suspension of deportation.
Immigration May 30, 2003
Bernstein v. Lopez
School superintendent enjoys qualified immunity from lawsuit of school principals challenging reassignment.
Government May 30, 2003
Atel Financial Corp. v. Quaker Coal Co.
Liquidated damages clause in lease agreement is unenforceable as penalty.
Contracts May 30, 2003
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
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
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
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
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
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
Arakaki v. Cayetano
Native Hawaiians were not entitled to intervene in lawsuit regarding provision of state benefits.
Civil Procedure May 30, 2003
Mann v. American Airlines
District court had discretion to extend time to serve process after 120-day period expired.
Civil Procedure May 30, 2003
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
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
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
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
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
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
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