Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
00-35815
|
Tie Tech Inc. v. Kinedyne Corp.
Summary judgment is proper against trademark holder because product design of device is not fanciful, but instead wholly functional. |
Intellectual Property |
|
Oct. 10, 2002 | |
01-15349
|
Northwest Airlines Inc. v. Camacho
Malicious prosecution and abuse of process claims are claims for injuries to person and barred by statute of limitations for personal injury claims. |
Civil Procedure |
|
Oct. 10, 2002 | |
00-56521
|
Majoy v. Roe
Conviction where key witness admits to lying about defendant's involvement in crime may override defendants untimely petition for federal habeas review. |
Criminal Law and Procedure |
|
Oct. 10, 2002 | |
01-1357
|
Montoya v. Chao
Defendant failed to provide acceptable excuse for missing 30-day deadline to file discrimination suit. |
Civil Procedure |
|
Oct. 10, 2002 | |
01-10179
|
U.S. v. Lee
Defendant who unlawfully copied computer Website did not deserve sentence enhancement for possessing special computer skills. |
Criminal Law and Procedure |
|
Oct. 10, 2002 | |
00-35458
|
Lawson v. State of Washington
There is insufficient evidence that plaintiff was constructively discharged after voluntarily resigning from employment due to religious beliefs. |
Employment Law |
|
Oct. 10, 2002 | |
01-4105
|
Lundahl v. Zimmer
Court clerks are absolutely immune from lawsuit alleging they failed to enter default judgments. |
Government |
|
Oct. 10, 2002 | |
01-17023
|
Gerling Global Reinsurance Corp. v. Low
Holocaust Victim Insurance Relief Act does not violate due process of insurers who conduct business in California. |
Constitutional Law |
|
Oct. 10, 2002 | |
00-55583
|
Kang v. U. Lim America, Inc.
Employee called names and physically struck because his supervisor viewed him as member of 'superior' national origin has claim for harassment. |
Civil Rights |
|
Oct. 10, 2002 | |
00-1200
|
Dilley v. SuperValu Inc.
Potential violation of seniority system did not preclude jury from finding employee's requested accommodation to be reasonable. |
Employment Law |
|
Oct. 10, 2002 | |
01-1122
|
Hartsel Springs Ranch of Colorado Inc. v. Bluegreen Corp.
Action is not barred when corporation's successor-in-interest was not adequately represented in prior litigation. |
Civil Procedure |
|
Oct. 10, 2002 | |
00-5224
|
Schrader v. Ray
Employer that has fewer than 15 employees but receives federal assistance is subject to Rehabilitation Act. |
Employment Law |
|
Oct. 10, 2002 | |
01-6257
|
Plain v. Murphy Family Farms
Appellants are not entitled to new trial because they failed to timely appeal pretrial order denying them right to intervene. |
Civil Procedure |
|
Oct. 10, 2002 | |
00-35098
|
Hallett v. Morgan
Amended opinion |
|
Oct. 10, 2002 | ||
01-56303
|
Akopyan v. Barnhart
Order issued under fourth sentence of 42 U.S.C. Section 405(g) terminates previous remand order and is final judgment for purposes of attorney fees. |
Civil Procedure |
|
Oct. 10, 2002 | |
01-1007
|
Johnson v. Atherton
Petition for writ of habeas corpus is properly denied when ineffective assistance of counsel claim does not implicate voluntariness of plea. |
Criminal Law and Procedure |
|
Oct. 10, 2002 | |
01-16058
|
State of Arizona v. Bliemeister (In re Bliemeister)
State agency that participated in litigation of case waived right to assert sovereign immunity as defense. |
Government |
|
Oct. 10, 2002 | |
99-50760
|
U.S. v. Jimenez-Dominguez
District court did not commit plain error by failing to inquire whether guilty plea was result of discussions with prosecutor. |
Criminal Law and Procedure |
|
Oct. 10, 2002 | |
99-70396
|
Agyeman v. INS
Alien did not receive adequate explanation of what was needed to support application for adjustment status and thus denied full and fair hearing. |
Immigration |
|
Oct. 10, 2002 | |
00-35839
|
Mackie v. Rieser
Artist cannot recover damages when he fails to show copyright infringement caused indirect profits. |
Intellectual Property |
|
Oct. 10, 2002 | |
A095637
|
People v. Rae
|
|
Oct. 10, 2002 | ||
00-35098
|
Hallett v. Morgan
Amended opinion |
|
Oct. 10, 2002 | ||
01-50352
|
U.S. v. Cortes
Carjacking substantially affects interstate commerce under Commerce Clause. |
Constitutional Law |
|
Oct. 10, 2002 | |
99-56641
|
Cadillac Fairview/California Inc. v. Dow Chemical Co.
Government is 100 percent liable for cleanup costs associated with pollutants from rubber plant that it owned and controlled during World War II. |
Environmental Law |
|
Oct. 10, 2002 | |
00-35667
|
Association to Protect Hammersley, Eld and Totten Inlets v. Taylor Resources Inc.
Mussel byproduct and shells entering Puget Sound via harvesting rafts are not pollutants under Clean Water Act. |
Environmental Law |
|
Oct. 10, 2002 | |
01-30065
|
U.S. v. Huggins
Because government conducted thermal imaging search in good faith reliance on facially valid warrant, Fourth Amendment does not compel suppression of images. |
Criminal Law and Procedure |
|
Oct. 10, 2002 | |
01-15565
|
Mukhtar v. California State University Hayward
Defendant is entitled to new trial because court erroneously admitted testimony of expert witness without proper reliability determination. |
Civil Procedure |
|
Oct. 10, 2002 | |
01-2225
|
U.S. v. Harrison
Opinion |
|
Oct. 10, 2002 | ||
99-10170
|
U.S. v. Valensia
Despite multiple errors by government and court, defendant's sentence is affirmed based on overwhelming and uncontroverted evidence. |
Criminal Law and Procedure |
|
Oct. 10, 2002 | |
01-1010
|
Ruiz v. McDonnell
State's improper licensing of at-home day care facility did not constitute affirmative act imposing liability for violent acts of third parties. |
Constitutional Law |
|
Oct. 10, 2002 |