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Name Category Published
Gupta v. Thai Airways International Ltd.
Court has jurisdiction to consider district court's decision that res judicata did not apply to case involving dispute between airline and passenger.
Civil Procedure Jun. 8, 2007
Brown v. Sobczak (In re Sobczak)
Although debtor has standing to request dismissal, bankruptcy court must consider best interest of creditors and estate in deciding to grant motion.
Bankruptcy Jun. 8, 2007
Gilliam v. Nevada Power Co.
Severance payment is properly excluded from ERISA plan calculation of retirement benefits where 'wages and salary' are interpreted as payment for services.
Employment Law Jun. 8, 2007
United States v. Trimble
$25 processing fee imposed only on defendants receiving new traffic tickets on federal property is unconstitutional.
Constitutional Law Jun. 8, 2007
Flint v. Dennison
First Amendment does not prohibit public university from imposing $100 student government campaign expenditure limit.
Constitutional Law Jun. 8, 2007
San Diego County Employees Retirement Assn. v. County of San Diego
County of San Diego is not required to extend retroactive pension benefits to returning employees.
Employment Law Jun. 8, 2007
U.S. v. Narvaez-Gomez
Conviction for illegal entry after removal affirmed where agents do not employ two-step interrogation to elicit admission of former deportation.
Immigration Jun. 8, 2007
Noyes v. Kelly Services
Plaintiff raises genuine issues of fact as to pretext by presenting specific, substantial evidence undermining defendant's credibility and presenting evidence of favoritism.
Employment Law Jun. 8, 2007
Pulido v. Chrones
Conviction must be reversed where instructional error allows jury to find felony-murder based solely on defendant's post-murder involvement without contemporaneity.
Criminal Law and Procedure Jun. 8, 2007
Welles v. Turner Entertainment Co.
Summary judgment without examination of extrinsic evidence is inappropriate where contracts have ambiguous language with regard to unanticipated future situations.
Contracts Jun. 8, 2007
Taylor v. Westly
Plaintiffs, who lost securities to escheat, are entitled to preliminary injunction based on probability of success and irreparable injury.
Civil Procedure Jun. 8, 2007
United States v. Curtin
Trial court errs in reviewing lewd stories describing sexual acts with children, to prove defendant harbored requisite specific subjective intent for crimes charged.
Criminal Law and Procedure Jun. 8, 2007
Sole v. Wyner
Plaintiff who gains preliminary injunction does not qualify for award of attorney fees if merits of case are ultimately decided against them.
Civil Rights Jun. 8, 2007
Safeco Insurance Co. of America v. Burr
Insurance company does not violate statute where willful failure covers violation committed in reckless disregard of notice obligation.
Business Law Jun. 8, 2007
Uttecht v. Brown
Federal habeas court reviewing error claims must defer to trial court, which is in superior position to determine juror's demeanor and qualifications.
Criminal Law and Procedure Jun. 8, 2007
Abdala v. Immigration and Naturalization Service
Somali's habeas petition challenging length but not lawfulness of pre-deportation detainment is rendered moot by his removal from United States.
Immigration Jun. 8, 2007
Carnes v. Zamani
Federal Rule of Civil Procedure 69(a) applies in diversity action to render post-judgment request for attorney fees untimely under California law.
Civil Procedure Jun. 8, 2007
Saberi v. Commodity Futures Trading Commission
Petition to review case of trader who intentionally violated Chicago Mercantile Exchange rule in trading frozen pork bellies, is denied.
Securities Jun. 8, 2007
Zamani v. Carnes
Motion to strike plaintiffs' causes of action under California's anti-SLAPP statute properly denied where plaintiffs demonstrate probability of success on their claims.
Civil Procedure Jun. 8, 2007
Metcalf v. Golden (In re Adbox Inc.)
Trustee is not 'opposing party' in counterclaim alleging causes of action that could have been brought against debtor prior to bankruptcy filing.
Bankruptcy Jun. 8, 2007
Gupta v. Thai Airways International Ltd.
Court has jurisdiction to consider district court's decision that res judicata did not apply to case involving dispute between airline and passenger.
Civil Procedure Jun. 8, 2007
Brown v. Sobczak (In re Sobczak)
Although debtor has standing to request dismissal, bankruptcy court must consider best interest of creditors and estate in deciding to grant motion.
Bankruptcy Jun. 8, 2007
Gilliam v. Nevada Power Co.
Severance payment is properly excluded from ERISA plan calculation of retirement benefits where 'wages and salary' are interpreted as payment for services.
Employment Law Jun. 8, 2007
United States v. Trimble
$25 processing fee imposed only on defendants receiving new traffic tickets on federal property is unconstitutional.
Constitutional Law Jun. 8, 2007
Flint v. Dennison
First Amendment does not prohibit public university from imposing $100 student government campaign expenditure limit.
Constitutional Law Jun. 8, 2007
U.S. v. Narvaez-Gomez
Conviction for illegal entry after removal affirmed where agents do not employ two-step interrogation to elicit admission of former deportation.
Immigration Jun. 8, 2007
U.S. v. Mayer
Undercover investigation exposing North American Man/Boy Love Association member's intent to travel for sex with minors passes constitutional muster.
Constitutional Law Jun. 8, 2007
U.S. v. Grisel
Oregon second-degree burglary is not categorical burglary under Armed Career Criminal Act because it includes crimes outside federal definition of generic burglary.
Criminal Law and Procedure Jun. 8, 2007
Tang v. Gonzales
Woman who underwent forced abortion in China is found to be eligible for asylum and is statutorily entitled to withholding of removal.
Immigration Jun. 8, 2007
Gruver v. Lesman Fisheries Inc.
Federal admiralty jurisdiction exists where failure to pay wages for maritime services aboard commercial vessel gives rise to assault on another ship.
Maritime Law Jun. 8, 2007