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Name Category Published
Prince v. Jacoby
Bible club is entitled to same benefits as other student clubs under Equal Access Act and First Amendment.
Constitutional Law Nov. 10, 2002
U.S. v. Minore
Order
Nov. 10, 2002
Dole Food Co. Inc. v. Watts
When forum of corporation's principal place of business is same forum which defendants expressly aim acts, 'effects' test permits exercise of personal jurisdiction.
Civil Procedure Nov. 10, 2002
People v. Gnass
Grand jury instruction resulted in wrongful indictment against city of Waterford attorney.
Criminal Law and Procedure Nov. 10, 2002
Martinez v. Signature Seafoods Inc.
Triable issues of fact exist whether seaworthy fish processing barge towed across navigable waters qualifies as 'vessel in navigation' under Jones Act.
Maritime Law Nov. 10, 2002
Eason v. Clark County School District
School district in Nevada is not 'arm of the state' and does not enjoy Eleventh Amendment immunity.
Constitutional Law Nov. 10, 2002
Aerocon Engineering Inc. v. Silicon Valley Bank (In re Work Auxiliary Power Co.)
Bank has perfected security interest in debtors' unregistered copyrights under California law.
Bankruptcy Nov. 10, 2002
Ekimian v. INS
Circuit court lacks jurisdiction to review Board of Immigration Appeal's decision not to reopen proceeding sua sponte.
Immigration Nov. 10, 2002
U.S. Yoshida
Defendant illegally brought aliens into U.S for financial gain where she guided them onto an airplane without speaking.
Criminal Law and Procedure Nov. 10, 2002
Kentron D., a Minor
Juvenile probation violation established solely by hearsay evidence violates confrontation clause.
Constitutional Law Nov. 10, 2002
Schlage Lock Co. v. Whyte
Doctrine of inevitable disclosure is contrary to California law and policy because it creates after-fact covenant not to compete, restricting employee mobility.
Intellectual Property Nov. 10, 2002
PMG International Division v. Rumsfeld
Military exchanges are nonpublic fora and restrictions under Military Honor and Decency Act of sexually explicit material are reasonable and viewpoint neutral.
Constitutional Law Nov. 10, 2002
Rucker v. Davis
Order
Nov. 10, 2002
Gobin v. Snohomish County
Congress did not expressly authorize county to regulate reservation fee lands owned by tribal members.
Constitutional Law Nov. 10, 2002
Culver v. Chiu (In re Chiu)
Debtor need not have interest in property at time debtor moves to avoid lien.
Bankruptcy Nov. 10, 2002
Muckle v. Superior Court (Burgess-Muckle)
Trial court cannot exercise jurisdiction over husband, resident in Georgia, for purposes of adjudicating rights in Georgia property and spousal support.
Family Law Nov. 10, 2002
Lott v. Mueller
Deadline to file habeas petition may be tolled during period in which prisoner lacked access to legal files.
Criminal Law and Procedure Nov. 10, 2002
U.S. v. Bell
Defendant who harassed and threatened IRS employees was properly convicted and sentenced for interstate stalking.
Criminal Law and Procedure Nov. 10, 2002
U.S. v. $80,180.00 in U.S. Currency
Civil Asset Forfeiture Reform Act's heightened burden of proof does not have retroactive effect to cases pending at time of its effective date.
Civil Procedure Nov. 10, 2002
People v. Rae
Trial court properly refused to give unanimity instruction where defendant is engaged in continuous wrongful conduct.
Criminal Law and Procedure Nov. 10, 2002
Interstellar Starship Services Limited v. Tchou
Court's decision to allow owner of infringing domain name to retain ownership interest in the name was proper.
Intellectual Property Nov. 10, 2002
Charter Communications Inc. v. County of Santa Cruz
County acted reasonably in withholding consent to change of ownership of cable franchise.
Government Nov. 10, 2002
US West Communications Inc. v. Jennings
FCC regulations, which took effect after interconnection agreements were arbitrated, apply on judicial review of agreements for compliance with Telecommunications Act of 1996.
Corporations Nov. 10, 2002
People v. Konow
Nov. 7, 2002
Doe v. City of Murrieta
Triable issues of fact exist as to whether police department knew or should have known officer was sexually exploiting teenagers.
Torts Nov. 7, 2002
Wooten v. Boone
Order
Nov. 7, 2002
Jarrow Formulas Inc. v. Nutrition Now Inc.
Laches bars manufacturer of nutritional supplements from suing its competitor for false advertising under Lanham Act.
Civil Procedure Nov. 7, 2002
Canatella v. State of California
Amended opinion
Nov. 7, 2002
Benson v. Terhune
Jail staffs administration of prescription medications requested by defendant did not violate due process.
Criminal Law and Procedure Nov. 7, 2002
Native Ecosystems Council v. Dombeck
Forest Service failed to consider cumulative impacts of timber sale sufficiently to satisfy National Environmental Policy Act.
Environmental Law Nov. 7, 2002