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Myers v. Philip Morris Companies Inc.
Order
Sep. 29, 2002
Henry v. Healthpartners of Southern Arizona
Plaintiff is entitled to retrial because court improperly read allegations in complaint to jury.
Civil Procedure Sep. 29, 2002
People v. Campbell
New trial is required where defendant is denied his right to counsel.
Criminal Law and Procedure Sep. 29, 2002
People v. Benavidez
Maximum term of probation may not exceed term of incarceration authorized for offense.
Criminal Law and Procedure Sep. 27, 2002
Hasan v. U.S.
Order
Sep. 26, 2002
Cavalier v. Random House Inc.
Alleged copyrighted literary works fail 'substantially similar' analysis while artwork infringement claims presents triable issues of fact.
Intellectual Property Sep. 26, 2002
Alexander v. Director, Office of Workers' Compensation Programs
Amended opinion
Sep. 26, 2002
M-S-R Public Power Agency v. Bonneville Power Administration
Forecasting method used to calculate surplus of available federal power was improper under Excess Federal Power Policy.
Administrative Agencies Sep. 26, 2002
U.S. v. Johnson
Managers' and telemarketers' involved in conspiracy and mail fraud scheme defenses were not mutually antagonistic and did not warrant severance.
Criminal Law and Procedure Sep. 26, 2002
San Francisco BayKeeper v. Natural Resources Defense Council
Although California failed to make timely submissions under Clean Water Act, EPA's duty to establish water pollution standards was not triggered.
Administrative Agencies Sep. 26, 2002
Smith v. Duncan
Amended opinion
Sep. 26, 2002
U.S. v. Todhunter
Suppression motion was properly denied when sailboat was lawfully boarded by officers and owner voluntarily consented to search of vessel.
Criminal Law and Procedure Sep. 26, 2002
Labotest Inc. v. Bonta
Plaintiff who obtains court order incorporating a settlement agreement which includes the action's requested remedy is deemed prevailing party.
Administrative Agencies Sep. 26, 2002
Hill v. State
Initial habeas petition challenging calculation of prisoner's release date does not qualify as 'second or successive' petition.
Criminal Law and Procedure Sep. 26, 2002
Pool v. VanRheen
Public employee did not suffer retaliation for engaging in constitutionally protected speech.
Employment Law Sep. 26, 2002
Avila v. Galaza
Counsel's failure to investigate and introduce evidence that defendant's brother was the shooter constitutes ineffective assistance of counsel.
Criminal Law and Procedure Sep. 26, 2002
Oki Semiconductor Co. v. Wells Fargo Bank
Bank is not vicariously liable for teller's conspiracy and money laundering activities.
Torts Sep. 26, 2002
U.S. v. Hinostroza
Uncharged allegedly false statements were admissible to show defendant intended to unlawfully possess firearms.
Criminal Law and Procedure Sep. 26, 2002
Ferguson v. Countrywide Credit Industries Inc.
Because employer's arbitration agreement is unenforceable based on doctrine of unconscionability, employee cannot be compelled to arbitrate employment discrimination claims.
Employment Law Sep. 26, 2002
Jones v. Williams
Denial to instruct jury on group liability for LAPD's alleged unlawful search was proper due to lack of evidence identifying officers' participation.
Civil Rights Sep. 26, 2002
U.S. v. Wiseman
Retroactive application of newly announced interpretation of federal statute is not barred on collateral review.
Criminal Law and Procedure Sep. 26, 2002
Bayudan v. Ashcroft
Order
Sep. 26, 2002
Hill v. Roe
State has burden of showing state procedural rule has been regularly and consistently applied in habeas action.
Criminal Law and Procedure Sep. 26, 2002
Stevedoring Services of America v. Director, Office of Workers' Compensation Programs
Multiple employers are liable for worker's gradual loss of hearing.
Employment Law Sep. 26, 2002
Andersen v. United States
Denial of plaintiffs' motion for preliminary injunction seeking various relief and tied to ongoing grand jury investigation is not final, appealable order.
Civil Procedure Sep. 26, 2002
Stewart v. U.S. Bancorp
Plaintiffs are barred from litigating ERISA claims that could have been raised in previous action against employer.
Civil Procedure Sep. 26, 2002
Huth v. Hartford Insurance Co. of the Midwest
Court did not abuse discretion by remanding state law insurance benefits case to state court.
Civil Procedure Sep. 26, 2002
Gutierrez-Chavez v. INS
Alien's habeas petition that does not allege constitutional or statutory error is not within scope of 28 U.S.C. Section 2241.
Immigration Sep. 26, 2002
Avila v. Roe
District court must determine whether defendant made request for self-representation to delay trial.
Criminal Law and Procedure Sep. 26, 2002
Smith v. Diffee Ford-Lincoln-Mercury Inc.
In determining equitable relief, court is bound by jury's determination of factual issues common to both legal and equitable claims.
Employment Law Sep. 26, 2002