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Name Category Published
U.S. v. Brown
Rifle that could be 'readily restored' to shoot automatically was machinegun within meaning of National Firearms Act and subject to forfeiture. 		Criminal Law and Procedure Jul. 11, 2006
Mason v. Yarborough
In case involving confrontation rights issue, court properly denied habeas relief because co-participant's statement to detective did not mention defendant. 		Criminal Law and Procedure Jul. 11, 2006
Smelt v. County of Orange
Abstention is proper in case challenging California's laws against same-sex marriages and plaintiffs lack standing to attack Federal Defense of Marriage Act. 		Constitutional Law Jul. 11, 2006
Fargo v. Commissioner of Internal Revenue
IRS did not abuse discretion by rejecting taxpayers' offer to pay $7,500 in compromise of $104,000 interest owed on income tax liabilities. 		Taxation Jul. 11, 2006
U.S. v. Torres-Hernandez
Court may consider only jury-eligible Hispanics in determining whether they are underrepresented on grand jury venires. 		Constitutional Law Jul. 11, 2006
Crowley Marine Services Inc. v. Maritrans Inc.
Fact that two vessels were operating in concert according to agreed maneuvers did not affect their liability under maritime statute. 		Maritime Law Jul. 11, 2006
U.S. v. Marcial-Santiago
Disparity between sentences imposed in District of Montana and in fast-track districts is justified by benefits gained from fast-track programs. 		Criminal Law and Procedure Jul. 11, 2006
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 Jul. 11, 2006
Moran v. Selig
Former baseball players failed to establish prima facie case of discrimination where enactment of 'Negro League Plans' was not adverse employment action. 		Civil Rights Jul. 11, 2006
Morris v. Ylst
Prosecution's failure to turn over allegedly material exculpatory evidence in murder case was not improper where independent evidence of guilt existed. 		Criminal Law and Procedure Jul. 11, 2006
Conrad v. United States
Sovereign immunity shields federal agent who performs discretionary function of deciding when to bring arrested person before magistrate judge. 		Torts Jul. 11, 2006
Wall Data Inc. v. Los Angeles County Sheriff's Dept.
Copyright infringement occurred where number of licenses sheriff department purchased was less than number of computers in which it installed software. 		Intellectual Property Jul. 11, 2006
Hamdan v. Rumsfeld
Military commission established by President was not authorized to try alleged terrorist charged with conspiracy to commit attacks. 		Government Jul. 11, 2006
Marian v. Ventura County, CA
Order 		Jul. 11, 2006
Gant v. Lockheed Corp.
Order 		Jul. 11, 2006
U.S. v. Brigham
Use of Oregon's sentencing council procedure in fraud case was not prohibited ex parte communication amounting to plain error. 		Criminal Law and Procedure Jul. 10, 2006
U.S. v. Menyweather
Court's downward departure of sentence on basis of offender's mental condition was not abuse of discretion. 		Civil Procedure Jul. 10, 2006
Pacific Bell Wireless v. PUC (Utility Consumers' Action Network)
California PUC's decisions against wireless communication services company did not challenge rates and were not pre-empted by federal law. 		Administrative Agencies Jul. 10, 2006
Higgins v. Superior Court (Disney/ABC International Television)
Contract that petitioners signed to be on television show contained unconscionable arbitration provision and is thus unenforceable. 		Civil Procedure Jul. 10, 2006
Hoskins v. Hogstad
Court's denial of special motion to strike is proper where hearing date was not within 30 days of service of motion. 		Civil Procedure Jul. 10, 2006
People v. Herrera
Rule requiring proof of commission of crime by evidence other than defendant's extrajudicial statements was applicable at preliminary hearing. 		Criminal Law and Procedure Jul. 10, 2006
Authority for California Cities Excess Liability v. City of Los Altos
Document signed by chiefs of police of three cities was not joint powers agreement or agreement to transfer functions. 		Government Jul. 10, 2006
Rusheen v. Cohen
Litigation privilege extends to act of levying on judgment where gravamen of abuse of process claim was communicative act. 		Civil Procedure Jul. 10, 2006
Excelsior College v. California Board of Registered Nursing
New interpretation of statute affecting out-of-state nursing school's ability to meet state minimum requirements for licensure is not unconstitutional. 		Constitutional Law Jul. 10, 2006
Barnes v. Hussa
Landowner is entitled to irrevocable license to use water pipeline built on noncontiguous parcel. 		Real Property Jul. 10, 2006
Lyons v. Chinese Hospital Association
Party to lawsuit who obtained no monetary damages was still entitled to attorney fees award. 		Civil Procedure Jul. 10, 2006
Harman v. City and County of San Francisco
In employment discrimination case, plaintiff provided sufficient evidence to satisfy 'Monell' requirements. 		Employment Law Jul. 10, 2006
Bardin v. Daimlerchrysler Corp.
In unfair business practices case, plaintiffs' claims do not meet 'unfair' definition where they did not claim personal injury or warranty violations. 		Business Law Jul. 10, 2006
Benavides v. State Farm General Insurance Co.
Insured cannot state claim for negligent handling of claim where policy excludes coverage for loss. 		Insurance Jul. 10, 2006
StaffPro Inc. v. Elite Show Services Inc.
Plaintiff's malicious prosecution claim is properly stricken where it failed to show underlying action resulted in favorable termination. 		Civil Procedure Jul. 10, 2006
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