| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
05-10624
|
Al-Hakim v. USDC ND FL
Order |
|
Oct. 19, 2006 | ||
|
05-1061
|
Cogliano v. Anderson (In re Cogliano)
If determination whether property is part of bankruptcy estate is made by motion, it cannot have claim preclusive effect. |
Bankruptcy |
|
Oct. 19, 2006 | |
|
05-1314
|
T & D Moravits & Co. v. Munton (In re Munton)
Default judgment finding violation of Texas Construction Trust Fund Statute was entitled to collateral estoppel effect in nondischargeability action. |
Bankruptcy |
|
Oct. 19, 2006 | |
|
05-50092
|
U.S. v. Adjani
Incriminating evidence found on computer while executing valid search warrant at suspect's residence was admissible against suspect and third-party computer owner. |
Criminal Law and Procedure |
|
Oct. 19, 2006 | |
|
S139741
|
El Dorado County v. Department of Transportation
Order |
|
Oct. 19, 2006 | ||
|
S139037
|
First Aid Services of San Diego v. Employment Development Department
Order |
|
Oct. 19, 2006 | ||
|
S140034
|
Mckee v. Los Angeles Interagency Police
Order |
|
Oct. 19, 2006 | ||
|
S139379
|
City of Watsonville v. State Department of Health
Order |
|
Oct. 19, 2006 | ||
|
S139674
|
Federico v. S.C. (Federico)
Order |
|
Oct. 19, 2006 | ||
|
03-36032
|
Hale v. Norton
National Park Service can impose reasonable regulation even if it is found that property owners have right-of-way to park road. |
Administrative Agencies |
|
Oct. 19, 2006 | |
|
S140997
|
Hutton v. Hafif
Order |
|
Oct. 19, 2006 | ||
|
S139874
|
Klinkner v. Alta Vista Health Care Center
Order |
|
Oct. 19, 2006 | ||
|
S043789
|
Doan v. Commission on Judicial Performance
Order |
|
Oct. 19, 2006 | ||
|
S140536
|
Smith (Ronald) on H.C.
Order |
|
Oct. 19, 2006 | ||
|
02-30216
|
U.S. v. Lynch
In illegal drug trafficking case, Hobbs Act is satisfied where there was sufficient evidence of direct effect on interstate commerce. |
Criminal Law and Procedure |
|
Oct. 19, 2006 | |
|
04-35592
|
Johnson v. Columbia Properties Anchorage LP
For diversity purposes, limited liability company was citizen of every state of which its owners/members were citizens. |
Civil Procedure |
|
Oct. 19, 2006 | |
|
05-15035
|
Turtle Island Restoration Network v. U.S. Dept. of Commerce
Where plaintiffs' claims are challenge to regulations reopening swordfish fishery, 30-day time limitation of Magnuson Act applies. |
Environmental Law |
|
Oct. 19, 2006 | |
|
04-35715
|
Dreiling v. American Express Co.
Dismissal of case concerning short-swing profits was improper where there were questions of fact concerning whether insider was exempt from liability. |
Securities |
|
Oct. 19, 2006 | |
|
04-16705
|
Bass v. The County of Butte
California's Unruh Act and Disabled Persons Act do not incorporate Title I of ADA and cannot be used to enforce ADA's employment protections. |
Employment Law |
|
Oct. 19, 2006 | |
|
04-73937
|
M. Cutter Co. Inc. v. Carroll
Under LHWCA, upon determination of scope of attendant care claimant requires, employer is mandated to pay for cost of providing it. |
Workers' Compensation |
|
Oct. 19, 2006 | |
|
04-36141
|
P.N. v. Seattle School District No. 1
Where claimant is not prevailing party because settlement agreement for underlying IDEA claim lacked judicial imprimatur, he cannot recover attorney fees. |
Civil Procedure |
|
Oct. 19, 2006 | |
|
03-55601
|
Abatie v. Alta Health & Life Insurance Co.
In life insurance case involving discretion-granting plan in which administrator has conflict of interest, standard of review is abuse of discretion. |
Insurance |
|
Oct. 19, 2006 | |
|
05-50524
|
U.S. v. Maciel-Vasquez
Court's decision to impose drug testing condition of supervised release did not seriously affect fairness, integrity or public reputation of judicial proceedings. |
Criminal Law and Procedure |
|
Oct. 19, 2006 | |
|
05-30313
|
U.S. v. Young
Federal firearm conviction based upon person's subjection to domestic violence restraining order may be upheld, even if order was invalid. |
Criminal Law and Procedure |
|
Oct. 19, 2006 | |
|
04-16748
|
Kenney v. United States
In case concerning government tax liens on proceeds of house sale, party was not entitled to equitable subrogation. |
Banking |
|
Oct. 19, 2006 | |
|
05-30134
|
U.S. v. Hartz
Conviction of interference with commerce by robbery is proper where admitted evidence was obtained during lawful police search. |
Criminal Law and Procedure |
|
Oct. 19, 2006 | |
|
04-70258
|
Suntharalinkam v. Gonzales
In denying alien's application for asylum, immigration judge improperly determined that discrepancies warranted adverse credibility finding. |
Immigration |
|
Oct. 19, 2006 | |
|
04-72798
|
Ornelas-Chavez v. Gonzales
Reporting persecution is not prerequisite for relief under IIRIRA, and relief under CAT is predicated on official acquiescence, not 'sanctioning,' of torture. |
Immigration |
|
Oct. 19, 2006 | |
|
04-57037
|
Harper v. Poway Unified School District
Order |
|
Oct. 18, 2006 | ||
|
05-30186
|
U.S. v. Manzo-Jurado
Seemingly innocuous behavior does not justify investigatory stop of suspected illegal aliens unless accompanied by particularlarized conduct that corroborates officer's suspicions. |
Criminal Law and Procedure |
|
Oct. 18, 2006 |