Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
99-1862
|
Krasnoff v. Marshack (General Carriers Corp.)
Bankruptcy court has no jurisdiction to hear abstention motion when no adversary proceedings were before it. |
Bankruptcy |
|
May 10, 2001 | |
99-1640
|
Tobin v. Sans Souci Limited Partnership (In re Tobin)
President who had no knowledge of fraud of corporation is not precluded from seeking discharge of his debt through bankruptcy. |
Bankruptcy |
|
May 10, 2001 | |
00-1016
|
Tsurukawa v. Nikon Precision Inc. (In re Tsurukawa, fdba High Innovation)
Martial union alone cannot serve as basis for imputing fraud from one spouse to other under bankruptcy code. |
Bankruptcy |
|
May 10, 2001 | |
99-15856
|
First Card v. Hunt (In re Hunt)
Debtor did not act fraudulently absent proof that credit card debt was incurred in bad faith with intention of filing bankruptcy. |
Bankruptcy |
|
May 10, 2001 | |
00-1110
|
Ganis Credit Corp. v. Anderson (In re Weilert)
Creditor is not entitled to preferential payment made outside 20-day time limit that is business industry standard. |
Bankruptcy |
|
May 10, 2001 | |
99-55584
|
Crow Winthrop Development Limited Partnership v. Jamboree LLC (In Re Crow Winthrop Operating Partnership)
Contract provision that terminated parking privileges in event of facility's change of ownership is invalid anti-assignment clause. |
Bankruptcy |
|
May 10, 2001 | |
94-z-2530
|
Crump v. United States (In re Crump)
There was sufficient notice of seizure and sale of debtor's property and delegating authority to conduct sale to private company is appropriate. |
Bankruptcy |
|
May 10, 2001 | |
00-17455
|
In re Gomez
Non-attorney bankruptcy petition preparer violates 11 U.S.C. Section 110 by advertising legal services and engaging in unfair and deceptive acts. |
Bankruptcy |
|
May 10, 2001 | |
00-11002
|
In re Spade
Bankruptcy court to abstain from hearing case when state court provides suitable alternate forum. |
Bankruptcy |
|
May 10, 2001 | |
95-10647
|
McKowen v. United States (In re McKowen)
Debtor's obligation to IRS based on transferee liability under federal statute is non-tax debt and thus discharged through bankruptcy proceedings. |
Bankruptcy |
|
May 10, 2001 | |
99-20911
|
In re Marin
Attorney fails to comply with bankruptcy provisions requiring disclosure of fees and application for fees paid out of bankruptcy estate. |
Bankruptcy |
|
May 10, 2001 | |
94-22172
|
In re Vogt
Collection agency has no obligation to change way it reports the status of debt under Bankruptcy Code. |
Bankruptcy |
|
May 10, 2001 | |
C034462
|
People v. Franz
Shushing sound along with throat-slashing gesture made by defendant to witnesses was sufficient verbal communication to constitute terrorist threat. |
Criminal Law and Procedure |
|
May 10, 2001 | |
B139597
|
People v. Herrera
Additional three-year term gang enhancement may be applied to 25 years to life first-degree murder sentence. |
Criminal Law and Procedure |
|
May 10, 2001 | |
19047-1
|
Judy v. Hanford Environmental Health Foundation
Worker may not sue employer who failed to inform her that health examination revealed she was not physically capable of performing job. |
Employment Law |
|
May 9, 2001 | |
99-6387
|
U.S. v. Sparks
Order |
Criminal Law and Procedure |
|
May 9, 2001 | |
00-2030
|
Rylee v. Massanari
Order |
Administrative Agencies |
|
May 9, 2001 | |
00-596
|
Lorillard Tobacco Co. v. Reilly
Order |
|
May 9, 2001 | ||
B113910
|
Kane v. Bank of America National Trust and Savings Association, Inc.
Unconventional endorsements didn't create duty in bank to inquire into validity of transactions underlying checks. |
Banking |
|
May 9, 2001 | |
97-71373
|
Park v. INS
Conviction for involuntary manslaughter under California Penal Code constitutes aggravated felony for which alien is deportable. |
Immigration |
|
May 9, 2001 | |
96-99020
|
Lambright v. Stewart
Convicted murderer granted evidentiary hearing on ineffective assistance of counsel claim because he presented colorable claim for relief. |
Criminal Law and Procedure |
|
May 9, 2001 | |
94-16411
|
Graham v. The Balcor Co.
Court clarifies earlier judgment to allow plaintiff to pursue state-law claims on their merits in district court. |
Civil Procedure |
|
May 9, 2001 | |
96-99025
|
Smith v. Stewart
Defendant whose attorney failed to present evidence of mental impairment at sentencing phase is entitled to evidentiary hearing in federal court. |
Criminal Law and Procedure |
|
May 9, 2001 | |
00-1097
|
Benefield v. McDowall
Prison official may be personally liable for labeling inmate as 'snitch.' |
Prisoners Rights |
|
May 9, 2001 | |
B138138
|
Home Savings of America v. Continental Insurance Co.
Mortgagee may recover under standard mortgage clause where insured demolished premises and breached homeowners' policy without mortgagee's knowledge. |
Insurance |
|
May 9, 2001 | |
99-50627
|
U.S. v. Lopez-Osuna
Amended opinion |
|
May 9, 2001 | ||
00-1310
|
Oxendine v. Kaplan
Inmate's complaint establishes facts sufficient to make a claim that physician's conduct violated his constitutional rights. |
Constitutional Law |
|
May 9, 2001 | |
99-35665
|
Bear Medicine v. United States
Discretionary function exception does not shield government from liability under Federal Tort Claims Act. |
Torts |
|
May 9, 2001 | |
99-17079
|
Hawaii Teamsters and Allied Workers Union v. United Parcel Service
Arbitration decision upholding termination may not be disrupted if decision is based on collective bargaining agreement. |
Labor Law |
|
May 9, 2001 | |
00-5115
|
English v. Cody
Request for certificate of appealability is denied and appeal is dismissed because petitioner's claims of confrontation clause violations were unsupported by evidence. |
Criminal Law and Procedure |
|
May 9, 2001 |