| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
01-50324
|
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 | |
|
01-10147
|
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 | |
|
01-71423
|
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 | |
|
01-15387
|
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 | |
|
00-50749
|
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 | |
|
00-17468
|
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 | |
|
98-99002
|
Summerlin v. Stewart
Order |
|
Jan. 15, 2003 | ||
|
01-56090
|
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 | |
|
S097882
|
People v. Harrah
Order |
|
Jan. 15, 2003 | ||
|
S111625
|
Perfit v. Perfit
Order |
|
Jan. 15, 2003 | ||
|
H024037
|
Erik P., a Minor
|
|
Jan. 15, 2003 | ||
|
02-1314
|
Sallie Mae Servicing v. Williams (In re Williams)
Court properly denied motion to discharge student loan due to untimely filing. |
Bankruptcy |
|
Jan. 14, 2003 | |
|
02-1223
|
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 | |
|
99-15541
|
Saffold v. Carey
Amended opinion |
|
Jan. 14, 2003 | ||
|
01-56339
|
Cunningham v. Gates
Amended opinion |
|
Jan. 14, 2003 | ||
|
B154786
|
People v. Augborne
|
|
Jan. 14, 2003 | ||
|
00-10143
|
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 | |
|
S108717
|
People v. Sizemore
Order |
|
Jan. 14, 2003 | ||
|
B150017
|
Friedman v. Southern California Permanente Medical Group
|
|
Jan. 14, 2003 | ||
|
01-35892
|
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 | |
|
01-56784
|
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 | |
|
01-55841
|
Luna v. Cambra
Amended opinion |
|
Jan. 14, 2003 | ||
|
00-56141
|
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 | |
|
01-16637
|
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 | |
|
01-71584
|
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 | |
|
99-16986
|
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 | |
|
02-10036
|
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 | |
|
01-17436
|
McKinney v. Carey
Failure to exhaust administrative remedies in action alleging prison conditions requires dismissal. |
Prisoners Rights |
|
Jan. 14, 2003 | |
|
01-50093
|
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 | |
|
00-50702
|
U.S. v. Tobeler
'Motor vehicle' under criminal statute includes construction equipment. |
Criminal Law and Procedure |
|
Jan. 14, 2003 |
