| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
04-56389
|
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 | |
|
06-1397
|
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 | |
|
04-17201
|
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 | |
|
06-30298
|
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 | |
|
05-35441
|
Flint v. Dennison
First Amendment does not prohibit public university from imposing $100 student government campaign expenditure limit. |
Constitutional Law |
|
Jun. 8, 2007 | |
|
D048038
|
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 | |
|
05-50501
|
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 | |
|
04-17050
|
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 | |
|
05-15916
|
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 | |
|
05-55742
|
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 | |
|
05-16763
|
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 | |
|
04-10632
|
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 | |
|
06-531
|
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 | |
|
06-84
|
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 | |
|
06-413
|
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 | |
|
06-55774
|
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 | |
|
05-15084
|
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 | |
|
05-71590
|
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 | |
|
04-17571
|
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 | |
|
05-55158
|
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 | |
|
04-56389
|
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 | |
|
06-1397
|
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 | |
|
04-17201
|
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 | |
|
06-30298
|
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 | |
|
05-35441
|
Flint v. Dennison
First Amendment does not prohibit public university from imposing $100 student government campaign expenditure limit. |
Constitutional Law |
|
Jun. 8, 2007 | |
|
05-50501
|
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 | |
|
06-50481
|
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 | |
|
05-30585
|
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 | |
|
04-70804
|
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 | |
|
05-35916
|
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 |