Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
01-50703
|
U.S. v. Lopez-Garcia
Sentencing enhancement was wrongly imposed upon alien smuggler who was found to have recklessly created substantial risk of danger to another. |
Immigration |
|
Mar. 21, 2003 | |
01-55937
|
Simo v. Union of Needletrades, Industrial & Textile Employees Southwest District Council
There is no breach of duty of fair representation arising from union's application of secondary pressure against employer. |
Labor Law |
|
Mar. 21, 2003 | |
02-15576
|
National Labor Relations Board v. Chapa De Indian Health Program Inc.
National Labor Relations Board had jurisdiction to subpoena tribal medical facility for allegedly unfair labor practices. |
Native American Affairs |
|
Mar. 21, 2003 | |
01-57093
|
King Jewelry Inc. v. Federal Express Corp.
Package shipper successfully limited its liability for damage to items of 'extraordinary value.' |
Contracts |
|
Mar. 21, 2003 | |
00-70858
|
Dixon v. Commissioner of Internal Revenue
Fraud and concealment by government attorneys during court proceedings requires relief for taxpayers. |
Taxation |
|
Mar. 21, 2003 | |
02-55378
|
El Pollo Loco Inc. v. Hashim
Discovery rule applies to toll statute of limitations in contract claim where fraudulent misrepresentation is asserted. |
Civil Procedure |
|
Mar. 21, 2003 | |
02-71549
|
U.S. v. U.S. District Court (Chavez-Orozco)
Jury may not consider whether withdrawn citizenship application would qualify alien as 'U.S. national.' |
Immigration |
|
Mar. 21, 2003 | |
01-56405
|
Arai v. American Bryce Ranches Inc.
District court has discretion to deny Rule 4(a)(6) motion even when rule's requirements are met. |
Civil Procedure |
|
Mar. 21, 2003 | |
01-56728
|
Eminence Capital LLC v. Aspeon Inc.
In dismissing action for failure to state claim, district court failed to overcome presumption in favor of granting leave to amend. |
Civil Procedure |
|
Mar. 21, 2003 | |
00-16994
|
Harrison v. Lockyer
Prisoner who was limited to five years' worth of police records in discovery proceeding was not denied due process. |
Criminal Law and Procedure |
|
Mar. 21, 2003 | |
02-10106
|
U.S. v. Dominguez
Defendant has burden of proving prior conviction used for later sentence was unconstitutional. |
Criminal Law and Procedure |
|
Mar. 21, 2003 | |
01-16919
|
Dahl v. Rosenfeld
Plaintiffs were not entitled to attorney fees for having malpractice lawsuit remanded to state court. |
Civil Procedure |
|
Mar. 21, 2003 | |
01-99004
|
Douglas v. Woodford
Counsel's failure to adequately investigate defendant's social history and mental health was prejudicial during penalty phase. |
Criminal Law and Procedure |
|
Mar. 21, 2003 | |
01-402
|
Opinion of Lockyer
City may regulate boarding houses to preserve residential character of neighborhood. |
Government |
|
Mar. 20, 2003 | |
S113188
|
Consumer Advocacy Group v. Exxon Mobil
Order |
|
Mar. 20, 2003 | ||
S113112
|
Ayala v. Capital One
Order |
|
Mar. 20, 2003 | ||
S113194
|
George v. Insurance Company
Order |
|
Mar. 20, 2003 | ||
02-608
|
Opinion of Lockyer
Electorate's approval is not required for board of retirement to appoint alternate for the eighth office held by retired member. |
Government |
|
Mar. 20, 2003 | |
S113303
|
Robertson v. W.C.A.B.
Order |
|
Mar. 20, 2003 | ||
S113081
|
Rieger v. Arnold
Order |
|
Mar. 20, 2003 | ||
00-56923
|
Rodriguez v. Panayiotou
Police officer may sue pop singer for slander based on comments in magazine regarding arrest. |
Torts |
|
Mar. 20, 2003 | |
01-35957
|
Snell v. Cleveland Inc.
Despite defective diversity allegations in closed tort action, district court assigned to new lawsuit may not attack final judgment of closed tort action. |
Civil Procedure |
|
Mar. 20, 2003 | |
01-30279
|
U.S. v. Thompson
Downward departure in sentencing improperly relied upon 'heartland' conclusion. |
Criminal Law and Procedure |
|
Mar. 20, 2003 | |
99-71546
|
Chen v. Ashcroft
Order |
|
Mar. 20, 2003 | ||
01-56046
|
Grant v. City of Long Beach
Evidence relied upon by officers failed to establish probable cause to maintain 3-month incarceration of alleged 'Belmont Shores' rapist. |
Civil Rights |
|
Mar. 20, 2003 | |
01-36089
|
U.S. v. Kitsap Physicians Service
Summary judgment dismissal is proper where plaintiff failed to produce evidence establishing submission of single false claim. |
Torts |
|
Mar. 20, 2003 | |
01-15630
|
Kyocera Corp. v. Prudential-Bache Trade Services Inc.
Order |
|
Mar. 20, 2003 | ||
01-15986
|
Anderson v. Willden
Individual plaintiffs are not entitled to benefits from settlement reached between state and tobacco companies. |
Torts |
|
Mar. 20, 2003 | |
00-56770
|
Alvarado v. Hickman
Parental involvement and juvenile status are relevant factors of 'in custody' determination. |
Criminal Law and Procedure |
|
Mar. 20, 2003 | |
01-16017
|
Lansdale v. Hi-Health Supermart Corp.
Limitation of damages awarded in gender discrimination action is constitutional. |
Civil Rights |
|
Mar. 20, 2003 |