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Name Category Published
U.S. v. Booth
Sentence must be vacated due to failure to provide defendant with adequate notice of upward departure.
Criminal Law and Procedure Jan. 15, 2003
U.S. v. Choy
Money given to private individual that would later enable bribe to public official is insufficient to support conviction.
Criminal Law and Procedure Jan. 15, 2003
California Dept. of Toxic Substances Control v. Commercial Realty Projects Inc.
Cities' motion to intervene in toxic cleanup settlement under CERCLA was untimely.
Civil Procedure Jan. 15, 2003
Local Joint Executive Board of Las Vegas, Culinary Workers Union Local 226 v. NLRB
National Labor Relations Board must articulate reasoned explanation for its decision excluding dues-checkoff from unilateral change doctrine.
Labor Law Jan. 15, 2003
U.S. v. Walters
Refusal to allow attorney to appear 'pro hac vice' during sentencing was harmless error despite constitutional violation.
Criminal Law and Procedure Jan. 15, 2003
Dyas v. Poole
Murder defendant's shackles, which were observed by jurors during trial, created high degree of prejudice.
Criminal Law and Procedure Jan. 15, 2003
U.S. v. Gonzalez-Torres
Alien who was under constant surveillance by border patrol agents is not guilty of illegal entry.
Immigration Jan. 15, 2003
Sain v. City of Bend
When underlying cause of action is federal, statute of limitations under federal rules apply.
Civil Procedure Jan. 15, 2003
U.S. v. Morales-Robles
District court's failure to advise defendant of his right to persist in his plea of not guilty didn't affect defendant's substantial rights.
Criminal Law and Procedure Jan. 15, 2003
U.S. v. Stanley
Restitution paid by co-defendants only reduced victim's loss, not other defendant's restitution ceiling.
Criminal Law and Procedure Jan. 15, 2003
Confant v. Walters
Government's investigation and subsequent revocation of medical license of physician who recommends the use of medical marijuana interferes with First Amendment.
Constitutional Law Jan. 15, 2003
Padilla v. Terhune
Although admission of custodial confession was hearsay, error was harmless and not violative of confrontation clause.
Criminal Law and Procedure Jan. 15, 2003
Falkowski v. Imation Corp.
Removal of action involving stock options was proper because claims are completely pre-empted by Securities Litigation Uniform Standards Act.
Securities Jan. 15, 2003
U.S. v. Garcia-Lopez
Prosecutor may waive right to assert that defendant waived right to litigate appeal.
Criminal Law and Procedure Jan. 15, 2003
U.S. v. McCormac
Trial court properly denied mistrial when defendant had outburst in front of prospective jurors.
Criminal Law and Procedure Jan. 15, 2003
In re Republic of Philippines
Philippine government is immune from suit regarding conflicting claims of assets of estate of Ferdinand Marcos.
Government Jan. 15, 2003
Forest Guardians v. Animal & Plant Health Inspection Service
Court did not err in concluding U.S. Forest Service may authorize performance of lethal predator control of mountain lions.
Environmental Law Jan. 15, 2003
San Francisco BayKeeper Inc. v. Tosco Corp.
Citizen's lawsuit under Clean Water Act may proceed if it has reasonably specific notice of alleged violations.
Civil Procedure Jan. 15, 2003
Biodiversity Legal Foundation v. Badgley
Fish and Wildlife Service must provide informational findings in response to petition filed under Endangered Species Act within 12 months of filing.
Environmental Law Jan. 15, 2003
League of Wilderness Defenders/Blue Mountain Biodiversity Project v. Forsgren
U.S. Forest Service is required to obtain National Pollution Discharge Elimination System permit before commencing aerial insecticide spraying.
Environmental Law Jan. 15, 2003
Miguel v. Country Funding Corp. (Dubin)
Subject matter jurisdiction does not exist where homeowner failed to notify bank of cancellation within three-year period.
Banking Jan. 15, 2003
Holgerson v. Knowles
California court's decision to count defendant's out-of-state convictions as strikes didn't deny defendant due process.
Criminal Law and Procedure Jan. 15, 2003
Summerlin v. Stewart
Order
Jan. 15, 2003
Miller v. Gammie
Order
Jan. 15, 2003
Thomas v. Nakatani
Denial of state's motion to dismiss on Eleventh Amendment immunity grounds is appealable under collateral order doctrine.
Civil Procedure Jan. 15, 2003
Eskanos & Adler PC v. Leetien
Collection agency was properly sanctioned for refusing to discontinue collection action in state court after debtor filed for bankruptcy.
Bankruptcy Jan. 15, 2003
Flowers v. Carville
Plaintiff's defamation and false light claims are timely and complaint is sufficient to survive motion to dismiss.
Torts Jan. 15, 2003
Lawson v. City of Santa Barbara
Capable-of-repetition doctrine does not apply to case where plaintiff has sufficient time to litigate dispute and exhaust appeals process.
Civil Procedure Jan. 15, 2003
Patel v. City of San Bernardino
Plaintiffs who had tax declared invalid in state court are barred from seeking damages in federal court.
Taxation Jan. 15, 2003
Avery Dennison Corp. v. Allendale Mutual Insurance Co.
Insurance policy did not cover intangible property such as insured's trade secrets.
Insurance Jan. 15, 2003