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Name Category Published
Stidham v. Peace Officer Standards and Training
Police officials may have violated officer's constitutional rights by providing allegations to potential employers without conducting hearings.
Constitutional Law Nov. 19, 2001
U.S. v. Rockwell International Corp.
False Claim Act qui tam relator was 'original source' with standing, and the Act's qui tam provisions are constitutional.
Government Nov. 19, 2001
Federal Deposit Insurance Corp. v. County of Orange (In re County of Orange)
As receiver, Federal Deposit Insurance Corporation is liable to county for pre-receivership real property tax delinquent penalties.
Bankruptcy Nov. 18, 2001
Liberty Tools Manufacturing v. Vortex Fishing Systems Inc. (In re Vortex Fishing Systems Inc.)
Objective test should be employed when determining if dispute is bona fide for purposes of filing involuntary bankruptcy.
Bankruptcy Nov. 18, 2001
Konop v. Hawaiian Airlines Inc.
Order
Nov. 18, 2001
U.S. v. Nguyen
Due process violation of defendant's Sixth Amendment right to counsel is found when his requests for new counsel was repeatedly denied.
Criminal Law and Procedure Nov. 18, 2001
U.S. v. Pinela-Hernandez
Police had probable cause to search automobile without warrant, and there was no sentencing error.
Criminal Law and Procedure Nov. 18, 2001
Rivera v. Railroad Retirement Board
Court doesn't have jurisdiction to review Railroad Retirement Board's dismissal of claim for benefits because dismissal wasn't final decision of the board.
Civil Procedure Nov. 18, 2001
Shackleford v. United States
Non-assignability of lottery winnings justified court's departure from annuity tables that produced unreasonable and unrealistic estate tax liability.
Taxation Nov. 18, 2001
Ahmed v. State
Federal court lacked jurisdiction to hear First Amendment claim after it was considered and rejected by state appeals board.
Civil Procedure Nov. 18, 2001
Bunney v. Mitchell
Because statute of limitations was tolled for 134 days, filing of habeas petition 133 days after statute would ordinarily run was timely.
Criminal Law and Procedure Nov. 18, 2001
U.S. v. Rodriguez
Judge may not impose sentence that exceeds statutory maximum for crime defendant was convicted of by jury.
Criminal Law and Procedure Nov. 18, 2001
Cuenllas v. VRL International Ltd.
Minute order without title 'notice of entry' does not trigger 60-day time period for filing notice of appeal.
Civil Procedure Nov. 18, 2001
Michael P. v. Superior Court (Orange County Sheriff's Dept.)
Juvenile court should have conducted in camera review before denying murder suspect's request to review forensic evidence.
Criminal Law and Procedure Nov. 18, 2001
American Humane Assn. v. Los Angeles Times Communications
Defendant is not required to submit proof of attorney fees at same time it files motion to strike.
Civil Procedure Nov. 18, 2001
Vincent S., a Minor
Despite procedural error, order terminating mother's rights was harmless since father's rights were terminated in later order.
Family Law Nov. 18, 2001
Simmons v. Allstate Insurance Co.
Cross-complaint filed by health care providers accused of insurance fraud violated anti-SLAPP law.
Civil Procedure Nov. 18, 2001
Consumer Cause Inc. v. Weider Nutrition Int'l Inc.
Nov. 18, 2001
Save Mile Square Park Committee v. County of Orange
County's decision to replace 'core area' of park with golf course doesn't violate statute prohibiting acquiring park for non-park purposes.
Real Property Nov. 18, 2001
Reed v. Superior Court (Case Financial Inc.)
Nov. 18, 2001
Katelaris v. County of Orange
Employee declarations about timely mailing of claim rejection satisfies judgment barring suit on statute of limitations grounds.
Civil Procedure Nov. 18, 2001
Estate of Gilliland
Appeals court can accept stipulated reversal under Code of Civil Procedure so long as it makes the findings listed in statute.
Civil Procedure Nov. 18, 2001
Santos Y., a Minor
Child should not be removed from de facto parents to reservation when he never lived with Native American family.
Native American Affairs Nov. 18, 2001
People v. Villegas
Ample evidence exists to support gang member's attempted murder conviction and enhanced sentence.
Criminal Law and Procedure Nov. 18, 2001
Cody F. v. Falletti
Owner of easement on private road is not liable for injuries inflicted by neighbor's dog on road.
Torts Nov. 18, 2001
Committee to Save the Beverly Highlands Homes Assn. v. Beverly Highlands Homes Assn.
Homeowners association with no common area is not common interest development under Davis-Stirling Act.
Real Property Nov. 18, 2001
Thunderburk v. United Food & Commercial Workers' Union, Local 324
Wrongful discharge claim pre-empted since union secretary is considered 'confidential employee' under Labor-Management Reporting and Disclosure Act.
Labor Law Nov. 18, 2001
U.S. Postal Service v. Gregory
Merit Systems Protection Board may independently review pending discipline against employee to determine if current discipline is reasonable.
Employment Law Nov. 18, 2001
TRW Inc. v. Andrews
Two-year statute of limitations under Fair Credit Reporting Act begins to run when liability arises, unless willful misrepresentation is involved.
Business Law Nov. 18, 2001
State v. Harvey
Exceptional sentence for offenses involving firearms exceeds statutory maximum.
Criminal Law and Procedure Nov. 18, 2001