| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
04-55927
|
Ingle v. Circuit City
Renewed petition by employer to compel arbitration is wholly without merit where court already decided that arbitration agreement was unconscionable. |
Employment Law |
|
Aug. 23, 2005 | |
|
01-56055
|
KP Permanent Make-Up Inc. v. Lasting Impression I Inc.
Make-up company's non-generic use of words 'micro colors' is protected under trademark law. |
Intellectual Property |
|
Aug. 23, 2005 | |
|
03-71626
|
Industrial Customers of Northwest Utilities v. Bonneville Power Administration
Power agency's decision to trigger safety-net cost recovery adjustment charges is not subject to judicial review. |
Government |
|
Aug. 23, 2005 | |
|
03-10683
|
U.S. v. Cassel
Offense of interfering with federal land sale does not punish protected speech and is constitutional. |
Criminal Law and Procedure |
|
Aug. 23, 2005 | |
|
04-16172
|
Gonzales v. Free Speech Coalition
Government is not liable for attorney fees despite unsuccessfully defending child pornography law. |
Government |
|
Aug. 23, 2005 | |
|
04-1186
|
Wachovia Bank, Nat. Assn. v. Schmidt
Order |
|
Aug. 23, 2005 | ||
|
04-1244
|
Scheidler v. Now
Order |
|
Aug. 23, 2005 | ||
|
03-35608
|
Prison Legal News v. Lehman
Prison regulation prohibiting inmates from receiving non-subscription bulk mail and catalogs is unconstitutional. |
Prisoners Rights |
|
Aug. 23, 2005 | |
|
02-56989
|
Sparling v. Daou
Allegation that company officers recognized revenues before labor had begun on contract projects suffices to show material misrepresentation. |
Securities |
|
Aug. 23, 2005 | |
|
03-35406
|
SEC v. Capital Consultants
District court properly approved receiver's plan of distribution proposing 50 percent offset. |
Securities |
|
Aug. 23, 2005 | |
|
03-35894
|
Snavely v. Miller (In re Miller)
Automatic stay enjoined bankruptcy court from entering award of attorney fees until after expiration or lifting of stay. |
Bankruptcy |
|
Aug. 23, 2005 | |
|
02-50663
|
U.S. v. Navarro-Vargas
Model grand jury instructions do not violate grand jury clause of Fifth Amendment. |
Administrative Agencies |
|
Aug. 23, 2005 | |
|
02-16156
|
Save Our Sonoran Inc. v. Flowers
Court conducted proper analysis in finding potential for environmental injury existed in waterway project. |
Environmental Law |
|
Aug. 23, 2005 | |
|
03-50577
|
U. S. v. Vargas-Amaya
Order |
|
Aug. 23, 2005 | ||
|
02-50289
|
U.S. v. Arevalo
Appellant who has voluntarily dismissed appeal must move to reinstate within time limits for filing notice of appeal. |
Criminal Law and Procedure |
|
Aug. 23, 2005 | |
|
01-71623
|
Zhang v. Gonzales
Acts of violence against parent in country of origin may establish well-founded fear of persecution in child. |
Immigration |
|
Aug. 23, 2005 | |
|
00-56970
|
Kukje Hwajae Insurance Co. v. The M/V Hyundai Liberty
Lawsuit relying on defendant's bill of lading to show breach is subject to forum selection clause. |
Contracts |
|
Aug. 23, 2005 | |
|
04-30316
|
U.S. v. Wyatt
Defendants who strung ropes above helicopter landing site to obstruct timber harvest are guilty of federal crime. |
Criminal Law and Procedure |
|
Aug. 23, 2005 | |
|
03-15562
|
Gatti v. Reliance Standard Life Insurance Co.
Insurer's violation of ERISA time limits does not justify more stringent review of its decision to deny coverage. |
Insurance |
|
Aug. 23, 2005 | |
|
03-30471
|
U.S. v. Quaempts
Defendant who opened front door to police while lying in bed did not waive expectation of privacy. |
Criminal Law and Procedure |
|
Aug. 23, 2005 | |
|
03-73444
|
Perez v. Gonzales
Immigrant failed to demonstrate that rapes suffered in country of origin amounted to persecution. |
Immigration |
|
Aug. 23, 2005 | |
|
02-30326
|
U.S. v. Ameline
Judge who imposed sentence when Sentencing Guidelines were mandatory will be asked whether sentence would change since Guidelines became advisory. |
Criminal Law and Procedure |
|
Aug. 23, 2005 | |
|
02-35971
|
Menotti v. City of Seattle
Emergency order prohibiting access to parts of city during trade conference was constitutional. |
Constitutional Law |
|
Aug. 23, 2005 | |
|
04-15562
|
Juan H. v. Allen
Juvenile found culpable for first-degree murder because he was present at shooting is entitled to habeas relief. |
Juveniles |
|
Aug. 23, 2005 | |
|
02-71656
|
Thomas v. Gonzales
Family membership may constitute membership in 'particular social group' for asylum purposes. |
Immigration |
|
Aug. 23, 2005 | |
|
04-15017
|
Collier v. Bayer
Application of Nevada's time limits to defendant's habeas petition did not preclude federal review of petition. |
Criminal Law and Procedure |
|
Aug. 23, 2005 | |
|
03-35594
|
U.S. v. Sandoval-Lopez
Attorney may be ineffective by not filing requested appeal even if defendant waived right to appeal in plea agreement. |
Criminal Law and Procedure |
|
Aug. 23, 2005 | |
|
03-55440
|
Valles v. Ivy Hill Corp.
State lawsuit against employer for failing to provide meal breaks is not preempted by federal law. |
Labor Law |
|
Aug. 23, 2005 | |
|
02-72507
|
Timbreza v. Gonzales
Order |
|
Aug. 23, 2005 | ||
|
01-17432
|
Wong v. Regents of the University of California
Medical school defeats discrimination claim by student who failed to prove he was disabled. |
Civil Rights |
|
Aug. 23, 2005 |