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Name Category Published
National Wildlife Federation v. National Marine Fisheries Service
Preliminary injunction based on violation of Endangered Species Act was proper.
Environmental Law Nov. 21, 2005
Natural Resources Defense Council v. U.S. Forest Service
Misinterpretation of market demand for timber made logging plan arbitrary and capricious.
Environmental Law Nov. 21, 2005
Dang v. Cross
Plaintiff deserves punitive damages for civil rights violation arising from police act that was oppressively done.
Civil Rights Nov. 21, 2005
Campbell v. Redding Medical Center
In qui tam action, first-to-file rule applies only when first complaint fulfills jurisdictional prerequisites.
Government Nov. 21, 2005
Williams v. Roe
Application of amendment eliminating sentencing discretion to defendant who committed crimes before amendment violates ex post facto principle.
Criminal Law and Procedure Nov. 21, 2005
U.S. v. Cervantes-Flores
Admission of certificate of nonexistence of record prepared by INS did not violate defendant's confrontation rights.
Criminal Law and Procedure Nov. 21, 2005
Arnold v. Runnels
Admission of interrogation that was taped against defendant's will violated his Miranda rights.
Criminal Law and Procedure Nov. 21, 2005
Natural Resources Defense Council Inc. v. National Marine Fisheries Service
Federal agency's fishing limits for darkblotched rockfish violated environmental law.
Environmental Law Nov. 21, 2005
Cordes v. Gonzales
Denial of discretionary relief from removal violated permanent resident's equal protection rights.
Immigration Nov. 21, 2005
Benton v. Oregon Student Assistance Commission
Award of attorney fees and costs in case where sole relief obtained was judgment of one dollar was in error.
Civil Procedure Nov. 21, 2005
U.S. v. Carter
Defaced firearm serial number that is not discernible to naked eye is still 'altered or obliterated' for purpose of sentence enhancement.
Criminal Law and Procedure Nov. 21, 2005
The Dow Chemical Co. v. Calderon
Nicaraguan litigants did not consent to personal jurisdiction of U.S. court.
Civil Procedure Nov. 21, 2005
Preminger v. Principi
Department of Veterans' Affairs regulation prohibiting partisan activities at its facility did not violate First Amendment.
Constitutional Law Nov. 21, 2005
U.S. v. Ortuno-Higareda
Supervised release of deported defendant caught reentering may not be revoked on basis of unadvised condition.
Criminal Law and Procedure Nov. 21, 2005
U.S. v. Rodriguez-Lara
Alien was entitled to have expert assist in jury composition challenge during deportation trial.
Immigration Nov. 21, 2005
U.S. v. Lopez-Montanez
Prior felony conviction under state's sexual battery statute did not constitute 'crime of violence' for federal sentencing purposes.
Criminal Law and Procedure Nov. 21, 2005
Ali v. Ashcroft
Order
Nov. 21, 2005
U.S. v. Murguia-Oliveros
Court had jurisdiction to revoke immigrant's supervised release when arrest occurred before release term expired.
Immigration Nov. 21, 2005
U.S. v. Sanders
When original sentencing judge has since retired, defendant whose sentence must be vacated is entitled to remand for full resentencing hearing.
Criminal Law and Procedure Nov. 21, 2005
U.S. v. Strobehn
Any evidence of unconsented forced accompaniment, however insubstantial, suffices for bank robbery enhancement.
Criminal Law and Procedure Nov. 21, 2005
Prasoprat v. Benov
Defendant facing extradition to Thailand has no right to discover what punishment he will face if extradited.
Criminal Law and Procedure Nov. 21, 2005
Abatie v. Alta Health & Life Insurance Co.
Insurance company's denial of life insurance benefits to decedent's widow was not abuse of discretion.
Insurance Nov. 21, 2005
M2 Software Inc. v. Madacy Entertainment
In trademark infringement action, district court correctly ruled that no rational trier fact could find likelihood of confusion.
Intellectual Property Nov. 21, 2005
Fowler v. Sacramento County Sheriff's Dept.
Preclusion of proffered cross-examination of alleged molestation victim was in error.
Criminal Law and Procedure Nov. 21, 2005
Thorman v. American Seafoods Co.
Wage action brought by crew members against fishing vessels is time-barred because contractual six-month limit on disputes had expired.
Maritime Law Nov. 21, 2005
U.S. v. Johal
Grocer may be convicted for selling pseudoephedrine with reasonable cause to believe it would be used to make methamphetamine.
Criminal Law and Procedure Nov. 21, 2005
Agster v. Maricopa County
Federal law does not recognize privilege of peer review for documents involving death of prisoner.
Civil Procedure Nov. 21, 2005
Smith v. Arthur Andersen LLP
Bankruptcy trustee had standing to seek settlement approval that barred non-settling defendants from asserting claims.
Civil Procedure Nov. 21, 2005
Posnanski v. Gibney
Out-of-circuit court's decision to transfer case to court within this circuit is not appealable to Ninth Circuit.
Civil Procedure Nov. 21, 2005
Beck v. Fort James Corp.
Company cannot sue liquidating trustee in foreign jurisdiction without leave of bankruptcy court.
Bankruptcy Nov. 21, 2005