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The Bank of America v. City and County of San Francisco
Amended opinion
Dec. 26, 2002
Pavlovich v. Superior Court (DVD Copy Control Assoc. Inc.)
Order
Dec. 26, 2002
U.S. v. Pearson
Defendant who escaped prison is still considered 'incarcerated' for sentencing purposes.
Criminal Law and Procedure Dec. 26, 2002
Archer v. Warner
Order
Dec. 26, 2002
Cuyahoga Falls v. Buckeye Community Hope
The Sixth Circuit found a city's decision to effectuate a referendum which was motivated by racial bias was violation of equal protection.
Constitutional Law Dec. 26, 2002
NV Dept. of Human Resources v. Hibbs
Order
Dec. 26, 2002
Clackamas Gastroenterology v. Wells
Order
Dec. 26, 2002
Massaro v. United States
Order
Dec. 26, 2002
Woodford v. Garceau
Order
Dec. 26, 2002
Martin v. Santa Clara Unified School District
Teacher, who was placed on compulsory leave due to drug charges, had duty to mitigate back pay damages by seeking comparable employment during leave.
Education Dec. 25, 2002
Weingarten v. Superior Court (Pointe San Diego Residential Community)
Defendant who was uncooperative in disclosing financial information may be forced to produce tax returns to determine liability for punitive damages.
Torts Dec. 25, 2002
Kootenai Tribe of Idaho v. Veneman
Court abused discretion in granting preliminary injunction against implementation of 'Roadless Rule.'
Civil Procedure Dec. 25, 2002
U.S. v. French
Career offender enhancement may be imposed where defendant is awaiting sentencing for separate conviction.
Criminal Law and Procedure Dec. 25, 2002
California Trout Inc. v. Federal Energy Regulatory Commission
Energy commission acted within its authority in issuing annual licenses absent utility's compliance with water quality certification requirement.
Administrative Agencies Dec. 25, 2002
Park v. Shin
Deputy Korean consul does not enjoy immunity from employment lawsuit filed by domestic servant.
Government Dec. 25, 2002
Markus v. Gschwend (In re Markus)
Bankruptcy court's dismissal of creditor's adversary complaint was proper because complaint didn't relate back to creditor's earlier motion objecting to discharge.
Bankruptcy Dec. 25, 2002
People v. Cervantes
Dec. 24, 2002
Miguel v. Country Funding Corp.
Amended opinion
Dec. 23, 2002
Solomon v. Interior Regional Housing Authority
Indian Self-Determination and Education Assistance Act does not create private right of action for unsuccessful job applicant.
Native American Affairs Dec. 23, 2002
Opinion of the Attorney General
Videotapes made by security cameras on public transit vehicles are retained for one year; retention period may be reduced to 90 days.
Government Dec. 23, 2002
U.S. v. Hernandez
Denial of suppression motion was proper where detention of express mail package was reasonable.
Criminal Law and Procedure Dec. 23, 2002
Advanced Bionics Corp. v. Medtronic Inc.
Because covenant not to compete is contrary to public policy and California action brought first, dispute should be litigated in California.
Civil Procedure Dec. 20, 2002
FEC v. Beaumont
Order
Dec. 19, 2002
Wiggins v. Corcoran
Order
Dec. 19, 2002
People v. Dominguez
Order
Dec. 19, 2002
U.S. v. Alaimalo
Defendant's attorney did not render ineffective assistance of counsel by failing to challenge police search that was supported by probable cause.
Criminal Law and Procedure Dec. 19, 2002
U.S. v. Carrillo-Lopez
Court properly enhanced defendant's sentence based on existence of prior aggravated felony.
Criminal Law and Procedure Dec. 19, 2002
A.G., a Minor
Order
Dec. 18, 2002
Charles T., a Minor
Order
Dec. 18, 2002
Rene O., a Minor
Order
Dec. 18, 2002