| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
S146646
|
People v. Curlee
Order |
|
Dec. 5, 2006 | ||
|
03-56651
|
Philadelphia Indemnity Insurance Co. v. Findley
Order |
Insurance |
|
Dec. 5, 2006 | |
|
05-30403
|
U.S. v. Durham
Maximum sentence for providing marijuana without remuneration to person under 21 is two years. |
Criminal Law and Procedure |
|
Dec. 5, 2006 | |
|
04-16401
|
Merrill Lynch, Pierce, Fenner and Smith v. ENC Corp.
In interpleader action, Republic of the Philippines is not indispensable party under Federal Rule of Civil Procedure 19(b). |
Civil Procedure |
|
Dec. 5, 2006 | |
|
04-35702
|
Bliesner v. Communication Workers of America
Inability to establish union's failure to provide fair representation or employer's breach of collective bargaining agreement renders summary judgment appropriate for both. |
Labor Law |
|
Dec. 5, 2006 | |
|
04-56232
|
Stephens v. Herrera
Where petitioner has not asserted actual innocence, 'escape hatch' exception that would allow filing of habeas corpus petition, is not invoked. |
Criminal Law and Procedure |
|
Dec. 5, 2006 | |
|
04-55582
|
Miller v. Xerox Corp. Retirement Income Guarantee Plan
Xerox Corporation's method of accounting for prior distributions in calculating employees' final retirement benefits violates ERISA. |
Employment Law |
|
Dec. 5, 2006 | |
|
05-10375
|
U.S. v. Rowland
Motion to suppress is properly denied where there was reasonable suspicion that defendant violated Guam's drug importation laws. |
Criminal Law and Procedure |
|
Dec. 5, 2006 | |
|
04-70635
|
Pacific Gas and Electric Co. v. Federal Energy Regulatory Commission
Court lacks jurisdiction to review petitions challenging FERC's decision not to prosecute certain energy providers, and collaterally attacking prior FERC decision. |
Administrative Agencies |
|
Dec. 5, 2006 | |
|
04-55122
|
Sanchez v. County of San Diego
Summary judgment for county was proper where welfare recipients claimed welfare eligibility program violated state and federal constitutions. |
Constitutional Law |
|
Dec. 5, 2006 | |
|
02-15114
|
Burrell v. McIlroy
District court did not err in finding police detectives were entitled to qualified immunity. |
Government |
|
Dec. 5, 2006 | |
|
04-35983
|
Leon v. IDX Systems Corp.
Dismissal with prejudice of plaintiff's claims was proper after district court determined plaintiff despoiled evidence by deleting files from employer-issued computer. |
Civil Procedure |
|
Dec. 5, 2006 | |
|
04-35891
|
Greger v. Barnhart
Judge provided clear and convincing reasons for rejecting disability benefits claim where claimant was found not credible. |
Government |
|
Dec. 5, 2006 | |
|
04-15690
|
Lounsburry v. Barnhart
Medical-Vocational Guidelines must be applied to claimant with exertional and non-exertional limitations, and its finding of claimant's disability is final. |
Administrative Agencies |
|
Dec. 5, 2006 | |
|
05-15757
|
King v. LaMarque
Where amended habeas petition was denied, government must show that California's 'substantial delay' rule is sufficiently clear and consistently applied. |
Criminal Law and Procedure |
|
Dec. 5, 2006 | |
|
05-30401
|
U.S. v. Castillo
Defendant's entry of unconditional guilty plea deprives appellate court of jurisdiction to consider pre-plea constitutional claims. |
Criminal Law and Procedure |
|
Dec. 5, 2006 | |
|
03-73030
|
Granados-Oseguera v. Gonzales
BIA must reconsider motion to reopen where petitioner claimed ineffective assistance of counsel. |
Immigration |
|
Dec. 5, 2006 | |
|
05-17349
|
Arizona State Board for Charter Schools v. U.S. Dept. of Education
Charter schools receiving federal funding must be nonprofit entities in order to qualify to receive federal funding under IDEA and ESEA. |
Education |
|
Dec. 5, 2006 | |
|
05-10282
|
U.S. v. Baza-Martinez
Prior conviction for taking 'indecent liberties' with minor does not qualify as child abuse, or crime of violence under U.S. Sentencing Guidelines. |
Criminal Law and Procedure |
|
Dec. 5, 2006 | |
|
04-55569
|
Park v. Anaheim Union High School District
Although plaintiffs did not prevail on all IDEA claims, they are still 'prevailing party' for purposes of awarding attorney fees. |
Education |
|
Dec. 5, 2006 | |
|
03-73734
|
Hosseini v. Gonzales
BIA's denial of asylum is proper where undisputed evidence shows petitioner committed fraud throughout his immigration proceedings. |
Immigration |
|
Dec. 5, 2006 | |
|
04-35988
|
Educational Credit Management Corp. v. Mason (In re Mason)
Debtor has not shown good faith efforts to repay student loans for discharge purposes. |
Bankruptcy |
|
Dec. 5, 2006 | |
|
05-36182
|
Puri v. Gonzales
REAL ID Act divests district courts of jurisdiction over orders of removal, but provides appellate court review, which is adequate substitute. |
Immigration |
|
Dec. 5, 2006 | |
|
G034707
|
Esslinger v. Cummins
Probate court properly directs trustee to provide information where beneficiary has standing to seek accounting. |
Probate and Trusts |
|
Dec. 4, 2006 | |
|
B186152
|
People v. Balkin
Substantial evidence does not support defendant's conviction for failing to register as sex offender. |
Criminal Law and Procedure |
|
Dec. 4, 2006 | |
|
04-17475
|
Ohio University v. Hawkins (In re Hawkins)
Debt from judgment against debtor for breach of contract did not meet criteria for loan or educational benefit that are excluded from discharge. |
Bankruptcy |
|
Dec. 4, 2006 | |
|
05-1272
|
Rockwell International v. United States
Order |
|
Dec. 4, 2006 | ||
|
04-15788
|
Animal Legal Defense Fund v. Veneman
Federal agency's abandonment of discretionary course of action may be subject to judicial review. |
Administrative Agencies |
|
Dec. 1, 2006 | |
|
05-30607
|
U.S. v. Kuchinski
Conviction for receipt and possession of child pornography is proper where defendant's double jeopardy argument fails. |
Criminal Law and Procedure |
|
Dec. 1, 2006 | |
|
B193386
|
People v. Superior Court (Humberto S.)
Members of district attorney's office were properly recused from juvenile proceedings based on improper efforts to block minor from accessing records. |
Attorneys |
|
Dec. 1, 2006 |