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
Aguilera v. Kirkpatrik
INS' decision not to join in reopening deportation proceedings is not violation of aliens' constitutional rights.
Immigration May 9, 2001
Oil, Chemical, & Atomic Workers International Union (AFL-CIO) v. Conoco, Inc.
Compulsory arbitration is improper before judge has determined whether terms of collective bargaining agreement allow arbitration of specific disputes.
Labor Law May 9, 2001
Allen v. Wal-Mart Stores, Inc.
Res Ipsa Loquitur doctrine doesn't apply where jury could reasonably infer injury was caused by either defendant's or plaintiff's negligence.
Torts May 9, 2001
U.S. v. Aquino
Defendant's underlying sentence may not be enhanced more than once even if he possessed multiple illegal weapons.
Criminal Law and Procedure May 9, 2001
Steinbach v. Dillon Co.
State tort claims of tortious interference with contract and intentional infliction of emotional distress are preempted by Labor Management Relations Act.
Labor Law May 9, 2001
U.S. v. Arevalo
Death threat need not be 'express' for sentence enhancement if offender's words or actions instill fear of death in reasonable person.
Criminal Law and Procedure May 9, 2001
Chao v. Symms Fruit Ranch Inc.
When safety violation is found, Occupational Safety and Health Review Commission has authority to deem violation de minimis and enter no sanction.
Administrative Agencies May 9, 2001
Epstein v. Hollywood Entertainment District II Business Improvement District
Non-profit corporation created to administer funds of Business Improvement District is subject to state open meeting law.
Government May 9, 2001
Al-Harbi v. INS
Petitioner's evacuation from Iraq by American airlift is sufficient to support claim of 'well-founded fear' of persecution.
Immigration May 9, 2001
Estate of McMorris
Events occurring after death are not to be considered in valuing deductions for claims against decedent's estate.
Taxation May 9, 2001
Nicholas v. Leavitt
Deadline of settlement agreement may be extended because state agency was in substantial non-compliance.
Civil Procedure May 9, 2001
U.S. v. Duncan
Government may refuse to file substantial assistance motion if not unconstitutionally motivated and related to legitimate government end.
Criminal Law and Procedure May 9, 2001
U.S. v. Edwards
Warrantless search of car held unlawful because defendant was not near car when arrested and was in custody at time of search.
Criminal Law and Procedure May 9, 2001
Kikumura v. Hurley
Prisoner's first amendment rights not denied where prison refuses to allow pastoral visits.
Constitutional Law May 9, 2001
Lissner v. U.S. Customs Service
U.S. Custom Service must provide citizen with information on officers involved in smuggling incident because balance of interests favors disclosure.
Government May 9, 2001
On the Green Apartments LLC v. City of Tacoma
City ordinance restricting ability of residents to haul their own garbage and requiring use of city landfill does not present constitutional issue.
Constitutional Law May 9, 2001
Agbuya v. INS
Alien who is threatened, kidnapped and physically abused by violent anti-government group establishes well-founded fear of future persecution.
Immigration May 9, 2001
Boston Mutual Insurance v. Murphree
Employee health plan, governed by ERISA, may not coordinate medical benefits with participant's uninsured motorist coverage.
Insurance May 9, 2001
Bragg v. Galaza
Writ of habeas corpus denied where ineffective assistance of counsel claim is factually inadequate to support review.
Criminal Law and Procedure May 9, 2001
Arapahoe County Public Airport Authority v. FAA
State agency's ban on scheduled passenger service is preempted by federal statute and Supremacy Clause.
Administrative Agencies May 9, 2001
City of San Diego v. Whitman
Court lacked subject matter jurisdiction where EPA letter to city doesn't constitute final agency action.
Administrative Agencies May 9, 2001
U.S. v. Dipentino
Court errs in constructively amending grand jury indictment by instructing jury on work practice standard that defendants were not charged with violating.
Criminal Law and Procedure May 9, 2001
Martirosyan v. INS
Order
May 9, 2001
U.S. v. Santillan
Man violates Lacey Act when he attempts to transport baby parrots across Mexican border knowing it is illegal.
Criminal Law and Procedure May 9, 2001
Lockhart v. Terhune
Sixth Amendment is violated and prejudice is presumed when defendant does not effectively waive attorney's conflict of interest.
Criminal Law and Procedure May 9, 2001
McKenzie v. Dovala
Summary judgment is improper where plaintiff provides sufficient evidence of prima facie case that defendant violated ADA.
Civil Rights May 9, 2001
Rodriguez v. IBP, Inc.
Plaintiff may be held in contempt and sanctions may be imposed for failure to comply with continuing duty to disclose.
Civil Procedure May 9, 2001
U.S. v. Herrea-Rojas
At sentencing hearing court must rule on defendant's objections to presentence report and state whether they are relevant to sentence imposed.
Criminal Law and Procedure May 9, 2001
Redlands Surgical Services v. IRS
Order
May 9, 2001
Morrissey v. Commissioner of Internal Revenue
Sale of stock between willing participants should have been considered in valuing estate's assets for tax liability.
Taxation May 9, 2001