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Name Category Published
U.S. v. Jones
Statute prohibiting person who is subject to domestic violence restraining order from possessing firearms is constitutional. 		Criminal Law and Procedure Jan. 4, 2001
Bateman v. U.S. Postal Service
Attorney 's negligent failure to meet filing deadline is excusable neglect, relieving client of final judgment that grants opposing party's motion for summary judgment. 		Civil Procedure Jan. 4, 2001
Reed v. Dept. of the Interior
Court affirms summary dismissal of suit Burning Man Festival participant brought against government because of Federal Tort Claims Act's 'discretionary function' exception. 		Torts Jan. 4, 2001
Crum v. Circus Circus Enterprises
Claim may be amended when it does not appear with legal certainty that claim is less than jurisdiction of amount. 		Civil Procedure Jan. 4, 2001
Gafoor v. INS
Petitioner for asylum need only show that his persecutors were motivated at least partly by one of five protected grounds. 		Immigration Jan. 4, 2001
Loveland v. Hatcher
Ineffective assistance of counsel may be 'good cause' excusing prisoner's failure to file timely post-conviction relief petition in state court. 		Criminal Law and Procedure Jan. 4, 2001
Sever v. NLRB
Court reverses National Labor Relations Board's use of seniority in calculating back pay for former strikers. 		Labor Law Jan. 4, 2001
Desert Citizens Against Pollution v. Bisson
Environmental organization has standing to challenge land exchange that does not fulfill statutory requirements establishing value of federal lands. 		Environmental Law Jan. 4, 2001
Sandoval v. Calderon
Defendant was not entitled to severance of criminal counts but was prejudiced by prosecutor's religious argument for death penalty. 		Criminal Law and Procedure Jan. 4, 2001
Jones v. Smith
Discrepancy between jury instruction on premeditation and omission of premeditated charge is variance, not amendment and therefore does not violate Sixth Amendment. 		Criminal Law and Procedure Jan. 4, 2001
U.S. v. Jackson
Court has no authority to order convicted embezzler to 'cash out' undistributed pension plan funds to comply with restitution order. 		Criminal Law and Procedure Jan. 4, 2001
U.S. v. Gracidas-Ulibarry
Attempted illegal re-entry after deportation requires proof of specific intent to enter illegally. 		Immigration Jan. 4, 2001
Sprewell v. Golden State Warriors
Appeals court affirms dismissal of basketball player's lawsuit, including allegations of racial discrimination, against Golden State Warriors. 		Civil Procedure Jan. 4, 2001
U.S. v. Hayes
Secret tape recording of conversation is admissible because it was obtained before formal criminal proceedings were initiated. 		Criminal Law and Procedure Jan. 4, 2001
U.S. v. Alvarez-Valenzuela
Co-conspirator's firearms conviction affirmed because of foreseeabilty of presence of gun during drug trafficking operation. 		Criminal Law and Procedure Jan. 4, 2001
Howard Jarvis Taxpayers Association v. City of Los Angeles
Charges for water use are not 'special tax' that requires voter approval. 		Taxation Jan. 4, 2001
Miller v. Stewart
Stay of execution granted where defendant volunteers to die and there is evidence of psychological deterioration. 		Criminal Law and Procedure Jan. 4, 2001
U.S. v. Middleton
Computer Fraud and Abuse Act prohibiting conduct causing damage to one or more individuals includes damage to corporations. 		Criminal Law and Procedure Jan. 4, 2001
U.S. v. Chea
Court must apply 1994 version of sentencing guideline when imposing sentence on defendant who is subject to undischarged term of imprisonment. 		Criminal Law and Procedure Jan. 4, 2001
People v. Moloy
Insurance company is 'direct' victim of defendant's fraud and thus is entitled to restitution. 		Insurance Jan. 4, 2001
Beroiz v. Wahl
California's absolute privilege protecting communications occurring during litigation applies to conduct in Mexico thereby making summary judgment appropriate in defamation case. 		Civil Procedure Jan. 4, 2001
Rallis v. Cassady
In malpractice suit against several firms statute of limitations tolled for former law firm of attorney who continues representing client in same subject matter. 		Torts Jan. 4, 2001
County of Sonoma v. Commission on State Mandates et al.
State does not have obligation to reimburse county when it enacts statute reallocating property tax revenue. 		Government Jan. 4, 2001
People v. Strohman
Receiving stolen property is not lesser included offense of operating chop shop. 		Criminal Law and Procedure Jan. 4, 2001
Fresno Unified School District v. Workers' Compensation Appeals Board
Employee's non work related heart attack does not disqualify him from benefits for previous workplace injury. 		Employment Law Jan. 4, 2001
People v. Dey
Presence of marijuana in passenger compartment of automobile provides probable cause for search of trunk. 		Criminal Law and Procedure Jan. 4, 2001
Gerawan Farming Inc. v. Lyons
Marketing order compelling farmer to fund generic advertising implicates right to engage in speech protected by state, not federal, constitution. 		Constitutional Law Jan. 4, 2001
People v. Camarillo
Driving while intoxicated conviction, later declared a misdemeanor for all purposes, may not be charged as prior felony conviction. 		Criminal Law and Procedure Jan. 4, 2001
Heavenly Valley v. El Dorado County Board of Equalization
Court errs in adopting business taxpayer's opinion of property value when it should have remanded case for administrative hearing on the issue. 		Taxation Jan. 4, 2001
CD Investment Co. v. California Insurance Guarantee Association
Ability of solvent insurers to pay claims does not relieve association of obligation to cover claims on behalf of non-solvent insurers. 		Insurance Jan. 4, 2001
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