This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.
Subscribe to the Daily Journal for access to Daily Appellate Reports, Verdicts, Judicial Profiles and more...

    Filter by date
     to 
    Search by Case Name
    Search by Judge
    Search by Case Number
    Search by DJ Citation Number
    Search by Category
    Search by Court

Name Category Published
U.S. v. Adelzo-Gonzalez
Court abused its discretion by failing to make adequate inquiry into defendant's requests to substitute counsel.
Criminal Law and Procedure Dec. 6, 2001
Edwardsen v. U.S. Dept. of Interior
Environmental impact statement drafted for proposed Alaskan oil project was reasonably documented.
Environmental Law Dec. 6, 2001
Kennedy v. Southern California Edison Co.
Court's refusal to give 'Rutherford' instruction is harmless error because no reasonable jury could've found 'fuel fleas' were substantial factor contributing to cancer.
Torts Dec. 6, 2001
Columbia Basin Apartment Assn. v. City of Pasco
District court should have abstained from case while state proceedings were pending and case involved unique issues of state constitutional law.
Civil Procedure Dec. 6, 2001
Southwest Center for Biological Diversity v. Berg
Intervention is proper for third-party beneficiary of San Diego Multi-Species Conservation Program.
Environmental Law Dec. 6, 2001
U.S. v. Severino
Sentence of drug offender may be enhanced based on prior drug felony convictions so long as prosecution files information with court.
Criminal Law and Procedure Dec. 6, 2001
DP Aviation v. Smiths Industries Aerospace and Defense Systems LTD
Aviation manufacturer is required to pay commissions for business initiated prior to termination of contract with sales agency.
Contracts Dec. 6, 2001
Ainsworth v. Woodford
Defendant, whose attorney failed to investigate and present mitigating evidence at penalty phase of trial, received ineffective assistance.
Criminal Law and Procedure Dec. 6, 2001
Faustin v. City and County of Denver
Although claim is moot, plaintiff still has standing to sue for damages and declaratory relief resulting from unlawful First Amendment prosecution.
Constitutional Law Dec. 6, 2001
U.S. v. Hannah
Court did not provide adequate explanation for three level upward departure in defendant's sentence.
Criminal Law and Procedure Dec. 6, 2001
Costa v. Desert Palace Inc.
Without substantial evidence of discriminatory animus by employer, court may not give mixed-motive instruction to jury in wrongful termination case.
Employment Law Dec. 6, 2001
People of the State of California v. Randtron
District court properly grants motion for declaratory judgment and injunction prohibiting defendant from asserting res judicata defense in state court.
Civil Procedure Dec. 6, 2001
Sierra Club v. Whitman
Discretionary finding by EPA under Clean Water Act may not be reviewed.
Administrative Agencies Dec. 6, 2001
Planned Parenthood of the Columbia/Willamette Inc. v. American Coalition of Life Activists
Order
Dec. 6, 2001
U.S. v. Olabanji
Court must consider sentencing guideline for underlying offense upon resentencing.
Criminal Law and Procedure Dec. 6, 2001
Humetrix Inc. v. Gemplus SCA
Manufacturer of data card breached oral contract with health care consultant.
Contracts Dec. 6, 2001
Indiana Lumbermens Mutual Insurance Co. v. West Oregon Wood Products Inc.
Exclusion in policy for pollution coverage relieved insurer from defending policyholder from nuisance lawsuit.
Insurance Dec. 6, 2001
Nadell v. Las Vegas Metropolitan Police Dept.
Court properly excluded certain expert testimony, but evidence did not support finding of municipal liability in police brutality action.
Civil Rights Dec. 6, 2001
Jackson v. City of Bremerton
Police did not use excessive force where family barbecue turned into melee of verbal and physical altercations with police.
Constitutional Law Dec. 6, 2001
Richardson v. Sunset Science Park Credit Union
Employee is entitled to statutory damages for unauthorized deduction made by former employer despite receiving overpayment of employment benefit.
Labor Law Dec. 6, 2001
U.S. v. Maria-Gonzalez
Alien properly received increased sentence for aggravated felony that occurred prior to enactment of sentencing law.
Immigration Dec. 6, 2001
Dazo v. Globe Airport Security Services
Warsaw Convention pre-empts state law damage claims for stolen carry-on bag from airport security checkpoint.
Torts Dec. 6, 2001
U.S. v. Summers
Fourth Amendment was not violated by voluntary police stop, jury instructions were not confusing, and Armed Career Criminal Act is facially constitutional.
Criminal Law and Procedure Dec. 6, 2001
Spieker Properties LP v. SPEC Liquidating Trust (In re Southern Pacific Funding Corp.)
Bankruptcy reorganization plan requiring payment of 'double dividend' to senior creditors is lawful.
Bankruptcy Dec. 6, 2001
United States v. Morros
District court improperly abstains from deciding whether Nevada State Engineer's denial of U.S. water permit applications is pre-empted by federal law.
Civil Procedure Dec. 6, 2001
U.S. v. Chavez- Valenzuela
Fourth Amendment violation is found when driver's nervousness was not sufficient factor for reasonable suspicion to warrant officer's request of vehicle search.
Criminal Law and Procedure Dec. 6, 2001
Foster v. Mahdesian
Amended opinion
Dec. 6, 2001
Bruton v. Massanari
Amended opinion
Dec. 6, 2001
Mares v. Baughman
Hospital is not entitled to assert lien on settlement proceeds arising from wrongful death lawsuit.
Civil Procedure Dec. 5, 2001
Hilao v. Estate of Ferdinand E. Marcos
Federal rules don't pre-empt California execution law for service requirements for notice of levying deposit accounts.
Civil Procedure Dec. 5, 2001