| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
01-15066
|
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 | |
|
01-50111
|
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 | |
|
01-10254
|
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 | |
|
02-16161
|
Plata v. Davis
Order dealing with composition of plaintiff class in class action suit was not immediately appealable. |
Civil Procedure |
|
Jul. 23, 2003 | |
|
02-55723
|
Libas Ltd. v. Carillo
Customs agents cannot be sued for assessing import duty at incorrect rate. |
Government |
|
Jul. 23, 2003 | |
|
01-71815
|
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 | |
|
01-17358
|
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 | |
|
01-16427
|
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 | |
|
01-50537
|
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 | |
|
01-71529
|
Barthelemy v. Aschroft
Amended opinion |
|
Jul. 23, 2003 | ||
|
02-55254
|
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 | |
|
00-56043
|
Suzuki Motor Corp. v. Consumers Union of United States Inc.
Amended opinion |
|
Jul. 22, 2003 | ||
|
01-56582
|
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 | |
|
01-16855
|
Webb v. Sloan
Municipal liability is proper because deputy district attorneys acted as final policymakers for city. |
Government |
|
Jul. 22, 2003 | |
|
01-56929
|
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 | |
|
02-50353
|
U.S. v. Verduzco
Defendant who pleaded 'no contest' to charge violated terms of supervised release. |
Criminal Law and Procedure |
|
Jul. 22, 2003 | |
|
01-56069
|
Silvers v. Sony Pictures Entertainment Inc.
Accrued cause of action for copyright infringement may be assigned to third party. |
Intellectual Property |
|
Jul. 22, 2003 | |
|
01-55716
|
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 | |
|
00-15144
|
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 | |
|
01-17078
|
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 | |
|
01-50006
|
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 | |
|
01-57231
|
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 | |
|
02-10189
|
U.S. v. T.M.
District court's imposition of certain conditions of supervised release relating to defendant's status as sex offender are vacated. |
Criminal Law and Procedure |
|
Jul. 22, 2003 | |
|
01-70398
|
Vera-Villegas v. INS
Witness testimony may be used to establish continuous presence of alien seeking to suspend deportation. |
Immigration |
|
Jul. 22, 2003 | |
|
02-55770
|
State Board of Equalization v. Harleston (In re Harleston)
State Board of Equalization waived sovereign immunity by filing proof of claim in bankruptcy proceeding. |
Government |
|
Jul. 22, 2003 | |
|
01-56245
|
Bourns Inc. v. Raychem Corp.
Jury instructions on misappropriation claim are harmless error; beginning business does not have standing to assert antitrust action. |
Antitrust |
|
Jul. 22, 2003 | |
|
01-50669
|
U.S. v. Velte
Defendant who purposefully set fire to national forest is not entitled to acquittal of offense for setting fire without authority. |
Criminal Law and Procedure |
|
Jul. 22, 2003 | |
|
01-35254
|
Cherosky v. Henderson
Employee is barred from challenging discriminatory decision made outside limitations period under 'continuing violation' doctrine. |
Employment Law |
|
Jul. 22, 2003 | |
|
01-56963
|
Hunt v. Pliler
District court improperly delegated authority to magistrate to rule on habeas petition. |
Criminal Law and Procedure |
|
Jul. 22, 2003 | |
|
02-16292
|
Norita v. Commonwealth of the Northern Mariana Islands
In suit by officials to recover overtime pay, court determines Commonwealth of Northern Mariana Islands isn't entitled to sovereign immunity defense. |
Civil Procedure |
|
Jul. 22, 2003 |
