| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
00-2299
|
US v. Pompey
Court did not err in finding defendant competent to stand trial. |
Criminal Law and Procedure |
|
Nov. 13, 2001 | |
|
99-36027
|
Pacific Coast Federation fo Fishermen's Assn. Inc. v. National Marine Fisheries Service
Amended opinion |
|
Nov. 13, 2001 | ||
|
00-50107
|
U.S. v. Velasco-Heredia
Order |
|
Nov. 13, 2001 | ||
|
00-8045
|
Schwartz v. Brotherhood of Maintenance Way Employees
Union Chairman's 'arbitrary' advice amounts to potential breach of duty of fair representation. |
Labor Law |
|
Nov. 13, 2001 | |
|
00-2337
|
U.S. v. Rodriguez-Aguirre
Among other things, court errs in dismissing case for lack of standing and applying doctrine of laches when applicable statute of limitations exists. |
Criminal Law and Procedure |
|
Nov. 13, 2001 | |
|
00-4087
|
U.S. v. Santana-Garcia
Motion to suppress is reversed where officer had probable cause to detain suspects at time of their consent to search. |
Criminal Law and Procedure |
|
Nov. 13, 2001 | |
|
00-35399
|
Carlson v. United Academics-AAUP/AFT
Union's objection system doesn't discriminate between nonmembers who object to agency fee, but accept reduced fee computation and those challenging fee calculation. |
Labor Law |
|
Nov. 13, 2001 | |
|
00-35073
|
Boxx v. Long Warrior
Tribal Court doesn't have jurisdiction over personal injury action against non-Indian arising from accident on 'non-Indian fee land' on reservation. |
Native American Affairs |
|
Nov. 13, 2001 | |
|
00-30117
|
F.S.J., a Minor
Prosecutor's certification of juvenile case for federal court was not subject to judicial review. |
Juveniles |
|
Nov. 13, 2001 | |
|
99-50366
|
U.S. v. Ochoa-Gaytan
Criminal defendant may be eligible for reduced sentence for acceptance of responsibility despite refusal to plead guilty. |
Criminal Law and Procedure |
|
Nov. 13, 2001 | |
|
99-30389
|
U.S. v. Sparks
Defendant's prior conviction did not qualify him for sentencing under Armed Career Criminal Act. |
Criminal Law and Procedure |
|
Nov. 13, 2001 | |
|
00-15085
|
Cukierman v. Uecker (In re Cukierman)
'Further rent' obligations in commercial lease are entitled to administrative priority when found to be payment of secured promissory notes. |
Bankruptcy |
|
Nov. 13, 2001 | |
|
98-56842
|
Southern California Gas Co. v. Utility Workers Union of America, Local 132, AFL-CIO
Court affirms arbitrator's order that employer must reinstate employees who failed federally mandated drug tests because results were reviewed by imposter physician. |
Employment Law |
|
Nov. 13, 2001 | |
|
01-2271
|
Homans v. City of Albuquerque
Because all requirements for emergency motion for injunction pending appeal are satisfied, defendants are enjoined from further enforcing provision of city charter. |
Civil Procedure |
|
Nov. 13, 2001 | |
|
99-7150
|
U.S. v. Holt
Police officer may ask motorist about presence of weapons even in absence of particularized suspicion. |
Constitutional Law |
|
Nov. 13, 2001 | |
|
99-17030
|
Security Farms v. General Teamsters (In re General Teamsters, Warehousemen and Helpers Union, Local 890)
International parent union does not have equity interest in local union's bankruptcy liquidation. |
Bankruptcy |
|
Nov. 13, 2001 | |
|
00-6081
|
City of Philadelphia v. Fleming Companies
Plaintiffs did not show defendants knowingly and recklessly failed to disclose information of litigation in violation of securities act. |
Securities |
|
Nov. 13, 2001 | |
|
00-6158
|
U.S. v. Hillcrest Health Center
Plaintiff's qui tam action dismissed because prior action was public disclosure and plaintiff did not qualify for original source exception. |
Torts |
|
Nov. 13, 2001 | |
|
B140643
|
People v. International Fidelity Insurance Co.
Failure to adhere to requirements of Penal Code Sections 1305 and 1306 voided summary judgment on bail bond. |
Criminal Law and Procedure |
|
Nov. 13, 2001 | |
|
00-1292
|
Harris v. Owens
Medicaid recipient isn't entitled to recover portion of settlement funds from state's lawsuit against tobacco companies. |
Torts |
|
Nov. 13, 2001 | |
|
99-50730
|
U.S. v. Gamma Tech Industries Inc.
District court properly ordered restitution even though government did not initiate restitution request. |
Contracts |
|
Nov. 13, 2001 | |
|
99-17562
|
Keyser v. Sacramento City Unified School District
Amended opinion |
|
Nov. 13, 2001 | ||
|
99-17311
|
Campbell v. Rice
Habeas petition granted for ineffective assistance of counsel where defense attorney was facing felony drug charges from same prosecutorial agency. |
Criminal Law and Procedure |
|
Nov. 13, 2001 | |
|
99-35668
|
Little v. Windermere Relocation Inc.
Title VII claims may proceed where the report of alleged rape resulted in hostile work environment and retaliation. |
Civil Rights |
|
Nov. 13, 2001 | |
|
99-17350
|
Rodriguez v. Airborne Express
Lawsuit is dismissed because plaintiff failed to exhaust administrative remedies by not filing timely charge with Department of Fair Employment and Housing. |
Employment Law |
|
Nov. 13, 2001 | |
|
00-55122
|
FTC v. Gill
Company that promised to repair credit and accepted payment prior to services violated federal credit law. |
Administrative Agencies |
|
Nov. 13, 2001 | |
|
00-8002
|
E.F.W. v. St. Stephen's Indian High School
Indian tribes have sovereign immunity and must expressly waive that immunity before being subject to liability. |
Civil Rights |
|
Nov. 13, 2001 | |
|
99-17539
|
U.S. v. Horizon West Inc.
Private party may sue for Medicare fraud because prior disclosures had not already revealed underlying allegations. |
Civil Procedure |
|
Nov. 13, 2001 | |
|
00-50402
|
U.S. v. West Coast Aluminum Heat Treating Co.
Court did not err by using loss calculation based on government's net profit analysis in determining fine to be imposed on defendants. |
Criminal Law and Procedure |
|
Nov. 13, 2001 | |
|
99-35946
|
Batlan v. TransAmerica Commercial Finance Corp. (In re Smith's Home Furnishings)
Trustee failed to show that preferential payments to floating lien creditor were avoidable transfers. |
Bankruptcy |
|
Nov. 13, 2001 |
