| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
01-30081
|
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 | |
|
00-10339
|
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 | |
|
01-55630
|
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 | |
|
00-71138
|
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 | |
|
01-50317
|
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 | |
|
01-56324
|
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 | |
|
00-50543
|
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 | |
|
00-36033
|
Sain v. City of Bend
When underlying cause of action is federal, statute of limitations under federal rules apply. |
Civil Procedure |
|
Jan. 15, 2003 | |
|
01-50419
|
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 | |
|
01-50734
|
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 | |
|
00-17222
|
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 | |
|
01-56325
|
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 | |
|
01-16113
|
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 | |
|
01-50334
|
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 | |
|
02-30020
|
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 | |
|
01-71841
|
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 | |
|
01-15239
|
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 | |
|
01-15939
|
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 | |
|
00-35076
|
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 | |
|
01-35729
|
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 | |
|
00-17338
|
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 | |
|
01-15804
|
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 | |
|
98-99002
|
Summerlin v. Stewart
Order |
|
Jan. 15, 2003 | ||
|
01-15491
|
Miller v. Gammie
Order |
|
Jan. 15, 2003 | ||
|
01-16310
|
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 | |
|
01-56203
|
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 | |
|
00-17299
|
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 | |
|
01-56150
|
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 | |
|
01-55280
|
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 | |
|
01-55378
|
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 |
