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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
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
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
King Jewelry Inc. v. Federal Express Corp.
Package shipper successfully limited its liability for damage to items of 'extraordinary value.'
Contracts Mar. 21, 2003
Dixon v. Commissioner of Internal Revenue
Fraud and concealment by government attorneys during court proceedings requires relief for taxpayers.
Taxation Mar. 21, 2003
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
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Jury may not consider whether withdrawn citizenship application would qualify alien as 'U.S. national.'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
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
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
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
U.S. v. Dominguez
Defendant has burden of proving prior conviction used for later sentence was unconstitutional.
Criminal Law and Procedure Mar. 21, 2003
Dahl v. Rosenfeld
Plaintiffs were not entitled to attorney fees for having malpractice lawsuit remanded to state court.
Civil Procedure Mar. 21, 2003
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
Opinion of Lockyer
City may regulate boarding houses to preserve residential character of neighborhood.
Government Mar. 20, 2003
Consumer Advocacy Group v. Exxon Mobil
Order
Mar. 20, 2003
Ayala v. Capital One
Order
Mar. 20, 2003
George v. Insurance Company
Order
Mar. 20, 2003
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
Robertson v. W.C.A.B.
Order
Mar. 20, 2003
Rieger v. Arnold
Order
Mar. 20, 2003
Rodriguez v. Panayiotou
Police officer may sue pop singer for slander based on comments in magazine regarding arrest.
Torts Mar. 20, 2003
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
U.S. v. Thompson
Downward departure in sentencing improperly relied upon 'heartland' conclusion.
Criminal Law and Procedure Mar. 20, 2003
Chen v. Ashcroft
Order
Mar. 20, 2003
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
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
Kyocera Corp. v. Prudential-Bache Trade Services Inc.
Order
Mar. 20, 2003
Anderson v. Willden
Individual plaintiffs are not entitled to benefits from settlement reached between state and tobacco companies.
Torts Mar. 20, 2003
Alvarado v. Hickman
Parental involvement and juvenile status are relevant factors of 'in custody' determination.
Criminal Law and Procedure Mar. 20, 2003
Lansdale v. Hi-Health Supermart Corp.
Limitation of damages awarded in gender discrimination action is constitutional.
Civil Rights Mar. 20, 2003