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Name Category Published
Bennett v. Mueller
Amended opinion
Jun. 11, 2003
Feldman v. Allstate Insurance Co.
Broad selective waiver rule does not apply to California's law of marital communications privilege.
Civil Procedure Jun. 11, 2003
U.S. v. Hernandez
Amended opinion
Jun. 11, 2003
Gill v. Ayers
Defendant had right to testify at Three Strikes sentencing hearing to explain nature of prior conviction.
Criminal Law and Procedure Jun. 11, 2003
U.S. v. Rivera-Relle
Successful illegal entry after deportation does not preclude conviction for attempted entry.
Immigration Jun. 11, 2003
Simo v. Union of Needletrades
Amended opinion
Jun. 11, 2003
George v. City of Morro Bay (In re: George III)
Amended opinion
Jun. 11, 2003
Marquez v. Gutierrez
Prison guard is entitled to qualified immunity for shooting prisoner in leg during melee.
Prisoners Rights Jun. 11, 2003
Seinfeld v. Bartz
Shareholder failed to show proxy statements regarding stock options grants were materially false.
Securities Jun. 11, 2003
U.S. v. Banuelos
For sentencing purposes, court must determine quantity of drugs attributable to conspirator personally beyond reasonable doubt.
Criminal Law and Procedure Jun. 11, 2003
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