| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
99-50152
|
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 | |
|
99-71397
|
Edwardsen v. U.S. Dept. of Interior
Environmental impact statement drafted for proposed Alaskan oil project was reasonably documented. |
Environmental Law |
|
Dec. 6, 2001 | |
|
98-56157
|
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 | |
|
00-35041
|
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 | |
|
99-56627
|
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 | |
|
00-30161
|
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 | |
|
99-35913
|
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 | |
|
99-99024
|
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 | |
|
00-1168
|
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 | |
|
01-6019
|
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 | |
|
99-15645
|
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 | |
|
99-17572
|
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 | |
|
00-16895
|
Sierra Club v. Whitman
Discretionary finding by EPA under Clean Water Act may not be reviewed. |
Administrative Agencies |
|
Dec. 6, 2001 | |
|
99-35320
|
Planned Parenthood of the Columbia/Willamette Inc. v. American Coalition of Life Activists
Order |
|
Dec. 6, 2001 | ||
|
00-50228
|
U.S. v. Olabanji
Court must consider sentencing guideline for underlying offense upon resentencing. |
Criminal Law and Procedure |
|
Dec. 6, 2001 | |
|
99-56068
|
Humetrix Inc. v. Gemplus SCA
Manufacturer of data card breached oral contract with health care consultant. |
Contracts |
|
Dec. 6, 2001 | |
|
00-35621
|
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 | |
|
99-16383
|
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 | |
|
99-36159
|
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 | |
|
00-35342
|
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 | |
|
00-10534
|
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 | |
|
00-15058
|
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 | |
|
00-30083
|
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 | |
|
00-35019
|
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 | |
|
00-17330
|
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 | |
|
00-50075
|
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 | |
|
00-15028
|
Foster v. Mahdesian
Amended opinion |
|
Dec. 6, 2001 | ||
|
00-55022
|
Bruton v. Massanari
Amended opinion |
|
Dec. 6, 2001 | ||
|
E029819
|
Mares v. Baughman
Hospital is not entitled to assert lien on settlement proceeds arising from wrongful death lawsuit. |
Civil Procedure |
|
Dec. 5, 2001 | |
|
95-56823
|
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 |
