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Name Category Published
Securities and Exchange Commission v. Gemstar-TV Guide International Inc.
Order
Nov. 30, 2004
Dream Palace v. County of Maricopa
Sections of local ordinance imposing operating restrictions on adult entertainment businesses violate First Amendment.
Constitutional Law Nov. 30, 2004
KRL v. Moore
Prosecutors who reviewed application for overbroad search warrant are entitled to absolute immunity.
Government Nov. 30, 2004
U.S. v. Rivas-Gonzalez
In sentencing defendant for illegal reentry after deportation, downward departure for cultural assimilation was not available.
Immigration Nov. 30, 2004
Hunt v. Pliler
District court abused its discretion in dismissing habeas petition without making de novo review of magistrate judge's order.
Criminal Law and Procedure Nov. 30, 2004
R.J. Reynolds Tobacco Co. v. Shewry
Use of excise tax to fund anti-smoking advertising does not violate First Amendment rights of tobacco companies.
Constitutional Law Nov. 30, 2004
Alcaraz v. INS
Board of Immigration Appeals must determine whether various policy statements by immigration agencies obligated it to 'repaper' aliens.
Immigration Nov. 30, 2004
U.S. v. Real Property Located at 5208 Los Franciscos Way
Court properly determined that transfer of property was fraudulent based on failure to oppose motion.
Real Property Nov. 30, 2004
Building Permit Consultants v. Mazur
Company that lacked license as public insurance adjuster cannot enforce contract to provide insurance litigation support.
Contracts Nov. 30, 2004
National Wildlife Federation v. U.S. Army Corps of Engineers
Federal agency's operation of four dams did not violate state water quality standards.
Environmental Law Nov. 29, 2004
Akhtar v. Burzynski
Regulation terminating temporary visas for children of permanent residents when they turn 21 is contrary to congressional intent.
Immigration Nov. 29, 2004
Swift v. State of California
Parole officers are not absolutely immune from suits arising from conduct distinct from their parole authority.
Criminal Law and Procedure Nov. 29, 2004
U.S. v. Ortiz-Lopez
Case is remanded so government may present evidence supporting alien's removability.
Immigration Nov. 29, 2004
U.S. v. Atondo-Santos
Court reassignment is appropriate when district court attempted to impose identical sentence after its two previous sentences were reversed.
Criminal Law and Procedure Nov. 29, 2004
Ministry of Defense and Support for the Armed Forces of the Islamic Republic of Iran v. Cubic Defense Systems Inc.
Iran's Ministry of Defense is not immune from having judgment attached in terrorist attack case.
Government Nov. 29, 2004
U.S. v. United States District Court for the Southern District of California (Wilkins)
Order
Nov. 29, 2004
U.S. v. Hayes
Defendant is not entitled to reimbursement of restitution payments he made subject to criminal judgment that was later vacated.
Criminal Law and Procedure Nov. 29, 2004
Christopher S. v. Stanislaus County Office of Education
Autistic student who received shorter school day may sue for disability discrimination.
Education Nov. 29, 2004
People v. Pantoja
Woman's translated statements in application for restraining order, custody, and child support made before her boyfriend killed her, are not trustworthy.
Criminal Law and Procedure Nov. 29, 2004
Qwest Corp. v. City of Portland
Court will reconsider whether city ordinance that fines telecommunications provider is preempted by federal law.
Civil Procedure Nov. 29, 2004
Ronald Moran Cadillac Inc. v. U.S.
Plaintiff is entitled only to refund amount government conceded was due for specific taxable year.
Taxation Nov. 29, 2004
Membreno v. Aschroft
Court lacks jurisdiction to hear petition of alien to reopen deportation proceedings.
Immigration Nov. 29, 2004
Pizzuto v. Arave
Habeas petition of defendant convicted of first-degree murder lacks merit.
Criminal Law and Procedure Nov. 29, 2004
Jonathan Neil & Assoc. Inc. v. Jones
Doctrine of primary jurisdiction requires court to stay proceedings and refer insurance billing dispute to Insurance Commissioner.
Insurance Nov. 29, 2004
People v. Vy
Attempted murder can be predicate crime for jury's determination of 'primary activities' prong of gang enhancement.
Criminal Law and Procedure Nov. 29, 2004
Aozora Bank Ltd. v. 1333 North California Blvd.
Lender cannot recover attorney's fees for prevailing in bad faith waste action under waste exception in contract provision.
Civil Procedure Nov. 26, 2004
People v. Campbell
Defendant may challenge sentence when court erred in allowing him to choose his own treatment in exchange for sentence.
Criminal Law and Procedure Nov. 26, 2004
Cornejo-Barreto v. Seifert
Order
Nov. 24, 2004
Kunkle v. Texas
Order
Nov. 24, 2004
Diaz v. Gates
Order
Nov. 23, 2004