| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
01-8005
|
U.S. v. Moyer
Defendant with three prior sex offenses received illegal sentence for gun possession. |
Criminal Law and Procedure |
|
May 1, 2002 | |
|
99-15827
|
California State Board of Equalization v. Renovizor's Inc. (In re Renovizor's Inc.)
Under California law, civil tax fraud must be proved by clear and convincing evidence. |
Taxation |
|
May 1, 2002 | |
|
97-9512
|
Sibanda v. INS
Aliens are ineligible to apply for suspension of deportation proceedings because they did not accumulate seven years of continuos residence. |
Immigration |
|
May 1, 2002 | |
|
A086142
|
Kasky v. Nike Inc.
Public relations campaign to counteract accusations that company engaged in exploitive labor practices is not commercial speech under First Amendment. |
Constitutional Law |
|
May 1, 2002 | |
|
01-3221
|
Scherer v. The Mission Bank
Order |
|
May 1, 2002 | ||
|
01-35450
|
Parents Involved in Community Schools v. Seattle School District No. 1
Order |
|
Apr. 30, 2002 | ||
|
01-1362
|
Fugate v. Atherton
Order |
|
Apr. 30, 2002 | ||
|
01-3233
|
U.S. v. Kayarath
Order |
|
Apr. 30, 2002 | ||
|
00-55722
|
Scamihorn v. General Truck Drivers, Office, Food and Warehouse Union
The Family Medical Leave Act does not automatically deny coverage to claims which fail to document treatment. |
Employment Law |
|
Apr. 30, 2002 | |
|
00-56696
|
Wenger v. Munroe
Retired colonel's challenge of military personnel decisions are non-justicable under 'Mindes' factors. |
Civil Procedure |
|
Apr. 30, 2002 | |
|
00-57154
|
Nguyen v. Southwest Leasing and Rental Inc.
Oral notice of entry of judgment satisfies Federal Rule of Appellate Procedure 4(a)(6) if it is specific, reliable and unequivocal. |
Civil Procedure |
|
Apr. 30, 2002 | |
|
01-15195
|
Powell v. Galaza
Prisoner's conviction is vacated because trial court's midtrial instruction violated 14th Amendment. |
Criminal Law and Procedure |
|
Apr. 30, 2002 | |
|
00-71217
|
Warren v. IRS
Order |
|
Apr. 30, 2002 | ||
|
00-16509
|
Orr v. Bank of America
Evidence offered in opposition to summary judgment motion is inadmissible as hearsay and lack of proper authentication. |
Civil Procedure |
|
Apr. 30, 2002 | |
|
00-99016
|
Osband v. Woodford
Protective order limiting state's use of materials discovered for habeas petition is not clear error. |
Criminal Law and Procedure |
|
Apr. 30, 2002 | |
|
00-56450
|
Community Dental Services v. Tani
Client whose attorney was grossly negligent deserves relief from default judgment. |
Civil Procedure |
|
Apr. 30, 2002 | |
|
00-35466
|
Hargis v. Foster
Triable issue of fact exists whether application of prison coercion regulation violated prisoner's free speech rights. |
Constitutional Law |
|
Apr. 30, 2002 | |
|
00-56286
|
Hernandez v. Small
Admission of accomplice's self-inculpatory hearsay statement did not violate confrontation clause. |
Criminal Law and Procedure |
|
Apr. 30, 2002 | |
|
00-16191
|
Zambrano v. INS
Dismissed action may not be reviewed for jurisdiction to determine party's eligibility under Equal Access to Justice Act. |
Civil Procedure |
|
Apr. 30, 2002 | |
|
00-35841
|
Grey Poplars Inc. v. 1,371,100 Assorted Brands of Cigarettes
Federal officials were authorized to seize cigarettes without state tax stamps from Native American reservation. |
Administrative Agencies |
|
Apr. 30, 2002 | |
|
S092697
|
Hess v. Ford Motor Company
Order |
|
Apr. 30, 2002 | ||
|
01-1158
|
Sierra Club v. U.S. Dept. of Energy
Sierra Club's allegations that government failed to comply with environmental regulations before granting road easement are ripe for review. |
Environmental Law |
|
Apr. 30, 2002 | |
|
01-5032
|
Garrison v. Baker Hughes Oilfield Operations Inc.
Employer may have misused medical examination results even though employee did not respond truthfully to medical-history questions. |
Employment Law |
|
Apr. 30, 2002 | |
|
01-4027
|
Jacobsen v. Deseret Book Co.
Author's claim for copyright infringement may proceed. |
Intellectual Property |
|
Apr. 30, 2002 | |
|
00-1167
|
Tahoe -Sierra Preservation Council Inc. v. Tahoe Regional Planning Agency
Agency's 32-month moratoria on development in Lake Tahoe Basin does not constitute per se takings of property. |
Constitutional Law |
|
Apr. 30, 2002 | |
|
01-6072
|
US v. Brown
Jury hearing second-degree murder case should have received instruction regarding involuntary manslaughter. |
Criminal Law and Procedure |
|
Apr. 30, 2002 | |
|
00-1421
|
US v. Haney
Duress defense is extended to third parties who have no familial ties to threatened individual. |
Criminal Law and Procedure |
|
Apr. 30, 2002 | |
|
B148811
|
Lujan v. Southern California Gas Co.
Federal law does not pre-empt state method of overtime calculation unless state method produces lower wage rates. |
Labor Law |
|
Apr. 29, 2002 | |
|
A091958
|
McKinney v. California Portland Cement Co.
Evidence of lost pension, Social Security benefits was relevant to calculation of damages for wrongful death. |
Torts |
|
Apr. 29, 2002 | |
|
B149851
|
Copeland v. Baskin Robbins USA
Contract to negotiate agreement is enforceable. |
Contracts |
|
Apr. 29, 2002 |
