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Ramos v. Countrywide Home Loans
If trial court decides to enhance lodestar amount by a multiplier, it must precisely articulate why increment is appropriate.
Civil Procedure Aug. 25, 2000
Horton v. City of Oakland
City ordinance allowing seizure, forfeiture and sale of vehicles used to solicit prostitution or acquire drugs is not pre-empted by state law.
Government Aug. 25, 2000
Kransco v. American Empire Surplus Lines Insurance Co.
Liability insurer cannot assert the comparative bad faith of its insured as affirmative defense in underlying bad faith action.
Insurance Aug. 25, 2000
People v. Camacho
Officers' warrantless observation of illegal activities from nonpublic yard constitutes unreasonable search.
Criminal Law and Procedure Aug. 25, 2000
U.S. v. Banuelos-Rodrigez
Disparity arising from charging and plea-bargaining decisions of two different district attorneys is not ground to depart from sentencing guidelines.
Criminal Law and Procedure Aug. 25, 2000
State v. Horiuchi
Federal agent has immunity from state criminal prosecution when he acts in reasonable belief in the scope of his official duty.
Criminal Law and Procedure Aug. 25, 2000
U.S. v. Jimenez
District court's attempt to ameliorate prejudice caused by evidence of defendant's prior felony convictions was not harmless error.
Criminal Law and Procedure Aug. 25, 2000
U.S. v. Li
Trial delay, less than one month of which is attributable to prosecutorial misconduct, is not presumptively prejudicial.
Criminal Law and Procedure Aug. 25, 2000
People v. United States
Claims based entirely on state and local air pollution laws do not give rise to federal causes of action.
Environmental Law Aug. 25, 2000
U.S. v. Gonzalez
Reversal required for failure to excuse for cause juror with experience similar to conduct alleged against defendant and who may not be fair and impartial.
Criminal Law and Procedure Aug. 25, 2000
United States v. Asarco Inc.
Jurisdiction to adjudicate validity of expansion of environmentally protected property boundaries vests exclusively in D.C. Circuit.
Environmental Law Aug. 25, 2000
Fischer v. P.D. Inc.
Blind person who has obtained injunctive relief under ADA is prevailing party entitled to attorney-fee award.
Civil Procedure Aug. 25, 2000
U.S. v. Haynes
Misconduct does not warrant dismissal of indictment when government informant is agent of defense counsel and reveals privileged information.
Criminal Law and Procedure Aug. 25, 2000
U.S. v. Wright
Probable cause to believe defendant's blood will have evidentiary value exists when anonymous tip coupled with substantial evidence connects defendant to crime.
Criminal Law and Procedure Aug. 25, 2000
U.S. v. Aguirre
Modification of sentence to impose downward departure based on absence of a local women's prison isn't correcting clear error for purposes of Rule 35(b).
Criminal Law and Procedure Aug. 25, 2000
Bribiesca v. Galaza
Court must determine quality of decision to waive right to counsel, not quality of representation.
Criminal Law and Procedure Aug. 25, 2000
Bautista v. Los Angeles County
Dismissal without leave to amend is abuse of discretion where deficiencies are readily curable by court.
Civil Procedure Aug. 25, 2000
Young v. City of Simi Valley
Zoning ordinance that allows sensitive-use establishments to apply for zoning clearance and disqualify pending adult-use permit is unconstitutional.
Constitutional Law Aug. 25, 2000
Schaefer v. Townsend
State law requiring candidates running for the House of Representatives to reside within the state before elections unconstitutional.
Government Aug. 25, 2000
Botosan v. Paul McNally Realty
Notice to state or local agency charged with enforcing civil rights laws not required before filing suit under the American with Disabilities Act.
Civil Rights Aug. 25, 2000
Frank v. United Airlines Inc.
Airline's weight limit requirement that applies less favorably to women employees than men employees is facially discriminatory.
Employment Law Aug. 25, 2000
U.S. v. Mateo-Mendez
Document that bears seal and attestation is properly authenticated under Evidence Rule 902 even though person lacked authority to certify document.
Criminal Law and Procedure Aug. 25, 2000
Moore v. Apfel
Internal policy and procedural guidelines manual for administrative law judges does not prescribe substantive rules or carry the force and effect of law.
Government Aug. 25, 2000
AT&T Corp. v. City of Portland
Communications Act prohibits franchising authority from regulating cable broadband Internet access.
Government Aug. 25, 2000
U.S. v. Maldonado
Government has a duty to provide the sentencing court in criminal prosecutions complete and accurate information, despite a plea agreement to make certain recommendations.
Criminal Law and Procedure Aug. 25, 2000
Sony Computer Entertainment America Inc. v. Bleem LLC
Unauthorized use of accurate still image from animated video game for comparative advertising constitutes fair use under Copyright Act.
Intellectual Property Aug. 24, 2000
Diamond v. City of Taft
First Amendment not violated when city ordinance provides sufficient alternative avenues of communication.
Constitutional Law Aug. 24, 2000
Ladha v. INS
BIA cannot require corroborative evidence to support credible testimony of aliens at asylum hearing.
Immigration Aug. 24, 2000
S.S. Retail Stores Corp. v. Ekstrom
Law firm not required to disgorge attorney fees and costs when its representation is approved by bankruptcy court.
Bankruptcy Aug. 24, 2000
People v. Mendoza
Jury does not need to specify degree of murder conviction when only theory of killing offered by prosecution is felony murder.
Criminal Law and Procedure Aug. 24, 2000