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Name Category Published
Do v. Ocean Peace Inc.
Workers performing 'first processing' on fishing trawlers are exempt employees under Fair Labor Standards Act.
Employment Law Apr. 5, 2002
U.S. v. Molina-Tarazon
Removal of fuel tank at border checkpoint is not routine search for which no suspicion is required.
Criminal Law and Procedure Apr. 5, 2002
U.S. v. Hill
Accessory indictment that fails to specify principal's crime is not legally sufficient.
Criminal Law and Procedure Apr. 5, 2002
Lavine v. Blaine School District
Order
Apr. 5, 2002
Brown v. Roe
Dismissal of petition for writ of habeas corpus as untimely is improper.
Criminal Law and Procedure Apr. 5, 2002
Sklar v. Commissioner of Internal Revenue
Taxpayers are not allowed deductions for payments for children's religious education.
Taxation Apr. 5, 2002
Circle K Corp. v. Houlihan
Amended opinion
Apr. 5, 2002
Amantea-Cabrera v. Potter
Employee was not entitled to have EEOC letter concluding employer was liable for discrimination admitted at trial.
Civil Procedure Apr. 5, 2002
Laurino v. Syringa General Hospital
Excusable neglect is found where party did not succeed in retaining new counsel until after default judgment rendered.
Civil Procedure Apr. 5, 2002
U.S. Dept. of the Interior v. Federal Labor Relations Authority
Government doesn't have to negotiate Sunday premium pay for employees because it wasn't negotiated prior to enactment of Civil Service Reform Act.
Labor Law Apr. 5, 2002
Estate of Trompeter v. Commissioner of Internal Revenue
Tax Court decisions are vacated for lack of sufficiently articulated basis and rationale for rulings.
Taxation Apr. 5, 2002
Scottsdale Insurance Co. v. National Union Fire Insurance Co. of Pittsburgh
Insurer with uniquely-worded 'other insurance' provision is relieved of duty to defend policyholder.
Insurance Apr. 5, 2002
People v. Smith
Police were authorized to search purse of woman residing in same room as probationer suspected of drug offense.
Criminal Law and Procedure Apr. 5, 2002
Wilkins v. United States
Feres doctrine does not bar claims for nonmonetary relief.
Constitutional Law Apr. 5, 2002
Gardner v. Nike Inc.
Exclusive licenses are only assignable with the consent of licensor.
Intellectual Property Apr. 5, 2002
Christensen v. Georgia-Pacific Corp.
Longshoreman injured while retying ship to dock may bring negligence claims against ships and dock owner.
Torts Apr. 5, 2002
Schmier v. U.S. Court of Appeals for the Ninth Circuit
Attorney lacks standing to allege that Circuit Rules prohibiting citation to unpublished opinions violate his constitutional rights.
Civil Procedure Apr. 5, 2002
Wai Silva v. Woodford
Death row inmate was improperly denied evidentiary hearing to determine existence of alleged 'Brady' violation.
Criminal Law and Procedure Apr. 5, 2002
Perez-Arellano v. Smith
Denial of plaintiff's petition for attorney fees under the Equal Access to Justice Act is proper because plaintiff is not 'prevailing party.'
Civil Procedure Apr. 5, 2002
Playboy Enterprises Inc. v. Welles
Former Playmate of the Year did not infringe Playboy's trademark on her Website.
Intellectual Property Apr. 5, 2002
Circuit City Stores Inc. v. Adams
Dispute Resolution Agreement required as part of employment application is unconscionable and unenforceable against FEHA claims.
Civil Procedure Apr. 5, 2002
U.S. v. Hardy
In determining defendant's sentence, district court should have used wholesale value of stolen goods in calculating victim's loss.
Criminal Law and Procedure Apr. 5, 2002
Bernhardt v. County of Los Angeles
Court improperly dismissed plaintiff's 42 U.S.C. Section 1988 action for lack of standing.
Civil Procedure Apr. 5, 2002
Carey v. Nevada Gaming Control Board
Official may not be entitled to qualified immunity when enforcing statute that is 'violative of fundamental constitutional principles.'
Civil Rights Apr. 5, 2002
Janes v. Wal-Mart Stores Inc.
Verdict for employee terminated after eating expired meat is supported by record and there is no abuse of discretion in court rulings.
Employment Law Apr. 5, 2002
Shoshone-Bannock Tribes of Fort Hall Reservation v. Secretary, Dept. of Health and Human Services
Amended opinion
Apr. 5, 2002
Sidhu v. Flecto Co. Inc.
Employer who refuses to arbitrate grievance is barred from claiming employee failed to exhaust remedies.
Employment Law Apr. 5, 2002
People v. Sanders
Order
Apr. 4, 2002
Hill v. Poppell
Order
Apr. 4, 2002
Baca v. Bennett
Order
Apr. 4, 2002