| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
S099863
|
California Highway Patrol v. WCAB
Order |
|
Oct. 31, 2001 | ||
|
99-15846
|
Lee v. American National Insurance Co.
Federal lawsuit does not need to be returned to state court despite lack of jurisdiction over one of multiple defendants. |
Civil Procedure |
|
Oct. 30, 2001 | |
|
99-4210
|
U.S. v. Hardman
Migratory Bird Rule did not violate defendant's right to freedom of religion or Free Exercise clause. |
Constitutional Law |
|
Oct. 30, 2001 | |
|
00-1224
|
American Wildlands v. Browner
Federal agency properly reviewed state's water quality standard under Clean Water Act. |
Environmental Law |
|
Oct. 30, 2001 | |
|
00-30193
|
U.S. v. Lemay
Introduction of prior acts of child molestation was not so prejudicial as to outweigh probative value. |
Criminal Law and Procedure |
|
Oct. 30, 2001 | |
|
00-50555
|
U.S. v. Hayden
Federal jurisdiction exists for case of embezzlement and theft of McDonald's restaurant located on U.S. Naval Base. |
Criminal Law and Procedure |
|
Oct. 30, 2001 | |
|
99-35787
|
Vertigan v. Halter
Applicant's claims of pain should have been credited in determining eligibility for disability benefits. |
Administrative Agencies |
|
Oct. 30, 2001 | |
|
99-4229
|
U.S. v. Caro
Order |
|
Oct. 30, 2001 | ||
|
00-1199
|
Medley v. Polk Co.
Employer who fires employee under honest but mistaken belief that employee abandoned job does not violate Family and Medical Leave Act. |
Employment Law |
|
Oct. 30, 2001 | |
|
99-36156
|
Sea Coast Foods Inc. v. Lu-Mar Lobster and Shrimp Inc.
Company was not entitled to all attorney fees and costs simply because it accepted Rule 68 offer of judgment. |
Contracts |
|
Oct. 30, 2001 | |
|
99-35133
|
Herbst v. Cook
Federal habeas petitioner is entitled to adequate notice and opportunity to respond prior to court's sua sponte dismissal of petition as untimely. |
Criminal Law and Procedure |
|
Oct. 30, 2001 | |
|
99-71591
|
Valderrama v. INS
Board of Immigration Appeals finding that petitioner's testimony at deportation hearing isn't credible is supported by substantial evidence. |
Immigration |
|
Oct. 30, 2001 | |
|
00-35157
|
Myers v. American Triumph F/V
Where vessel has valid authorization certificate to take fish, no private action may attack taking fish pursuant to that certificate. |
Maritime Law |
|
Oct. 30, 2001 | |
|
99-56909
|
Seven Words LLC v. Network Solutions
Case is moot when injunctive or declaratory relief is no longer available and there was no timely claim for damages. |
Civil Procedure |
|
Oct. 30, 2001 | |
|
00-16181
|
EEOC v. Karuk Tribe Housing Authority
Court improperly enforced administrative subpoena against Indian tribe when Age Discrimination in Employment Act did not apply to tribe in this case. |
Employment Law |
|
Oct. 30, 2001 | |
|
99-56898
|
Leetsch v. Freedman
Legal dispute properly dismissed from U.S. court because case could be resolved adequately in Germany. |
Civil Procedure |
|
Oct. 30, 2001 | |
|
99-17157
|
Amanda J. v. Clark County School District
School district's failure to disclose full records to parents indicating possible autism violates federal statute and denies child free appropriate public education. |
Education |
|
Oct. 30, 2001 | |
|
99-6223
|
McDonald v. Schreiner
Insurance company is liable for prejudgment interest as 'claim expense' beyond liability limit. |
Insurance |
|
Oct. 30, 2001 | |
|
00-15273
|
Baker v. Adventist Health Inc.
Hospital's emergency department doesn't violate Emergency Medical Treatment and Active Labor Act by calling outside expert to perform screening beyond hospital's capabilities. |
Torts |
|
Oct. 30, 2001 | |
|
99-35934
|
Duvall v. County of Kitsap
County violated Americans with Disabilities Act when it failed to reasonably accommodate hearing-impaired man's request for video-text monitor. |
Civil Rights |
|
Oct. 30, 2001 | |
|
00-15026
|
Price v. Turner
When 'Wiretap Act' provides no protection for plaintiff's cordless calls at time defendant intercepted them, court properly grants summary judgment for defendants. |
Criminal Law and Procedure |
|
Oct. 30, 2001 | |
|
99-1519
|
Craven v. University of Colorado Hospital Authority
When plaintiff fails to provide adequate basis for retaliatory discharge claim, employer is entitled to judgment as matter of law. |
Civil Rights |
|
Oct. 30, 2001 | |
|
00-6374
|
Henderson v. Scott
Amended statute changing dates of parole consideration did not violate ex post facto clause. |
Criminal Law and Procedure |
|
Oct. 30, 2001 | |
|
00-10349
|
U.S. v. Coutchavlis
Sufficient evidence supports disorderly conduct conviction when defendant's actions on public highway recklessly created 'risk of public alarm,' as required by regulation. |
Criminal Law and Procedure |
|
Oct. 30, 2001 | |
|
99-6354
|
Rice v. The Office of Servicemembers Group Life Ins.
Plaintiff did not overcome federal presumption of mental capacity to change beneficiaries of life insurance policy. |
Insurance |
|
Oct. 30, 2001 | |
|
00-1276
|
U.S. v. Eaton
Court affirms conviction and sentence enhancements for possession of unregistered explosive devices. |
Criminal Law and Procedure |
|
Oct. 30, 2001 | |
|
00-55339
|
Banks v. Gill Distribution Centers, Inc.(In re Banks)
Despite statute of limitations bar on state law claim of fraud, a bankruptcy court may still determine fraud issues in dischargeability hearing. |
Bankruptcy |
|
Oct. 30, 2001 | |
|
99-17437
|
Waks v. Empire Blue Cross/ Blue Shield
State law claims arising from individual insurance policy, converted from group policy, are not pre-empted under ERISA. |
Civil Procedure |
|
Oct. 30, 2001 | |
|
00-10251
|
U.S. v. Hitchcock
No violation of Posse Comitatus Act where 'legitimate military concerns' justify military's involvement in civilian criminal investigation. |
Criminal Law and Procedure |
|
Oct. 30, 2001 | |
|
00-55781
|
Danjaq LLC v. Sony Corp.
Doctrine of laches bars infringement claim to 'cinematic' James Bond character. |
Administrative Agencies |
|
Oct. 30, 2001 |
