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Henley v. Philip Morris Inc.
Repealed statute that provided immunity to tobacco companies does not bar claim of consumer who began smoking before statute was enacted.
Torts Oct. 30, 2002
Puget Sound Energy Inc. v. United States
Circuit court lacks jurisdiction to review lawsuit against energy agency filed more than 90 days after rate became final.
Civil Procedure Oct. 29, 2002
Mountain Rhythm Resources v. Federal Energy Regulatory Commission
In absence of state certifications, dismissal of hydropower license applications by Federal Energy Regulatory Commission is not arbitrary, capricious or abuse of discretion.
Administrative Agencies Oct. 29, 2002
Eunique v. Powell
Party is denied passport because she is in substantial arrears of child support obligations.
Family Law Oct. 29, 2002
Steam Press Holdings Inc. v. Hawaii Teamsters and Allied Workers Union, Local 696.
Statements of labor union president are protected and are not subject to state law defamation claims.
Torts Oct. 29, 2002
Warren v. IRS
Order
Oct. 29, 2002
Zambrano v. INS
Amended opinion
Oct. 29, 2002
U.S. v. Larson
Evidentiary hearing is warranted where defendant may not have knowingly and intelligently understood consequences that stipulation would have on appeal rights.
Criminal Law and Procedure Oct. 29, 2002
Schnabel v. Lui
Lawsuit against individual partner for breach of agreement does not require joinder of partnership as party.
Civil Procedure Oct. 29, 2002
Anthem Electronics Inc. v. Pacific Employers Insurance Co.
California law requires general liability insurers to defend against negligence and breach of contract claim.
Insurance Oct. 29, 2002
Valdez v. Rosenbaum
Four-month suspension of detained defendants' phone privileges does not violate due process.
Civil Rights Oct. 29, 2002
U.S. v. Leos-Maldonado
Defective indictment that failed to allege specific intent to enter without authorization is not prejudicial.
Immigration Oct. 29, 2002
U.S. v. Minore
Order
Oct. 29, 2002
Greene v. Henry
Defense counsel's failure to put on witnesses to impeach victim did not constitute prejudicial error.
Criminal Law and Procedure Oct. 29, 2002
Ramsey v. U.S.
Treaty does not exempt defendant using public highways from federal heavy vehicle and diesel fuel tax.
Native American Affairs Oct. 29, 2002
Jasch v. Potter
Where agency reaches merits of claim, despite employee's failure to comply with requests for information, administrative remedies are presumed sufficiently exhausted.
Employment Law Oct. 29, 2002
Hooker v. American Airlines
Order
Oct. 29, 2002
Zivlovic v. Southern California Edison Co.
Court failed to make detailed factual findings regarding discrimination claim under American with Disabilities Act.
Employment Law Oct. 29, 2002
In re Stanton (Beeler v. Harrison Jewell)
Amended opinion
Oct. 29, 2002
U.S. v. Quach
Sentence is vacated because government failed to determine whether defendant provided substantial assistance to warrant Section 5K1.1 motion.
Criminal Law and Procedure Oct. 29, 2002
Taniguchi v. Schultz
Amended opinion
Oct. 29, 2002
Macomber v. Red Robin International Inc.
Court lacks jurisdiction to award attorney fees where no appeal was taken from post-judgment order denying fees.
Civil Procedure Oct. 28, 2002
People v. Torres
Oct. 25, 2002
Opinion of Bill Lockyer
City officials of general law city may not be reimbursed by public funds for third parties during meetings.
Government Oct. 25, 2002
Pazcoguin v. Radcliffe
Citizen of Philippines who admitted essential elements of controlled substance violation is excludable from United States.
Immigration Oct. 25, 2002
O.S., a Minor
Counsel of alleged parent provided ineffective assistance by failing to object to lack of notice and not seeking presumed father status.
Family Law Oct. 24, 2002
Furman v. Department of Motor Vehicles
Order
Oct. 24, 2002
Jarrow Formulas Inc. v. Lamarche
Order
Oct. 24, 2002
People v. Valadez
Order
Oct. 24, 2002
Gault v. Modern Continental/Roadway Construction Co. Inc.
Order
Oct. 24, 2002