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Name Category Published
U.S. v. Ochoa
Factual finding in presentence report that defendant distributed additional amounts of cocaine was properly used to calculate sentence.
Criminal Law and Procedure Jan. 15, 2003
U.S. v. Seschillie
Excluding expert from courtroom during trial is harmless error where expert had ample opportunity to familiarize self with case.
Criminal Law and Procedure Jan. 15, 2003
Cano-Merida v. INS
Asylum petitioner was denied due process by Immigration Judge's failure to give him a meaningful opportunity to present his case.
Immigration Jan. 15, 2003
Soliman v. Philip Morris Inc.
Action against tobacco industry alleging addictive qualities of nicotine were fraudulently concealed is barred by limitations period.
Civil Procedure Jan. 15, 2003
U.S. v. Sierra-Velasquez
Defendants who detained smuggled aliens until fee was paid are guilty of hostage taking.
Criminal Law and Procedure Jan. 15, 2003
Cort v. St. Paul Fire and Marine Insurance Companies
No duty to defend insured exists in action arising from insured's painting over mural because action wasn't within personal or advertising injury coverage of policy.
Insurance Jan. 15, 2003
Summerlin v. Stewart
Order
Jan. 15, 2003
Alford v. DCH Foundation Group Long Term Disability Plan
Court properly applied 'abuse of discretion' standard when reviewing denial of ERISA benefits.
Employment Law Jan. 15, 2003
People v. Harrah
Order
Jan. 15, 2003
Perfit v. Perfit
Order
Jan. 15, 2003
Erik P., a Minor
Jan. 15, 2003
Sallie Mae Servicing v. Williams (In re Williams)
Court properly denied motion to discharge student loan due to untimely filing.
Bankruptcy Jan. 14, 2003
Garske v. Arcadia Financial Ltd. ( In re Garske)
Secured creditor may seek to collect payments by telephone from debtor who intends to retain property after debt is discharged in bankruptcy.
Bankruptcy Jan. 14, 2003
Saffold v. Carey
Amended opinion
Jan. 14, 2003
Cunningham v. Gates
Amended opinion
Jan. 14, 2003
People v. Augborne
Jan. 14, 2003
U.S. v. Elder
Defense counsel handcuffed and removed from court for contemptuous behavior did not violate defendant's due process rights.
Attorneys Jan. 14, 2003
People v. Sizemore
Order
Jan. 14, 2003
Friedman v. Southern California Permanente Medical Group
Jan. 14, 2003
North Slope Borough v. Barstow (In re MarkAir Inc.)
Holders of tax liens are entitled to share of proceeds from sale of real property owned by bankruptcy debtor.
Bankruptcy Jan. 14, 2003
Doan v. INS
Bond requirement as condition of release is permitted where statute authorizing terms of supervision does not exclude such condition.
Immigration Jan. 14, 2003
Luna v. Cambra
Amended opinion
Jan. 14, 2003
O'Connor v. Crilley
In hazardous substances litigation, CERCLA's federal commencement rule will apply to plaintiff's state tort claims.
Civil Procedure Jan. 14, 2003
State of California v. Norton
Federal government's grant of oil lease suspensions is subject to review by state commission.
Environmental Law Jan. 14, 2003
Microsoft v. Commissioner of Internal Revenue Service
Master copies of computer software qualify for 'export property' deduction because they are considered 'copyrights' under the tax code.
Taxation Jan. 14, 2003
Jorss v. Gomez
Deadline to file federal habeas petition is tolled while prisoner is pursuing post-conviction remedies in state court.
Criminal Law and Procedure Jan. 14, 2003
U.S. v. Leyva-Franco
Court's failure to resolve or to represent as immaterial objection to presentence report was violation of Federal Rules of Criminal Procedure.
Criminal Law and Procedure Jan. 14, 2003
McKinney v. Carey
Failure to exhaust administrative remedies in action alleging prison conditions requires dismissal.
Prisoners Rights Jan. 14, 2003
U.S. v. Matus-Leva
Despite absence of separate mens rea requirement, statute increasing penalty for smuggling aliens resulting in death is not void for vagueness.
Criminal Law and Procedure Jan. 14, 2003
U.S. v. Tobeler
'Motor vehicle' under criminal statute includes construction equipment.
Criminal Law and Procedure Jan. 14, 2003