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Name Category Published
Doe v. U.S.
Since government subpoena duces tecum did not identify documents with particularity, government could not claim that existence and possession were foregone conclusions. 		Criminal Law and Procedure Nov. 9, 2004
U.S. v. Gourde
Affidavit supporting search of defendant's home for child pornography lacked probable cause. 		Criminal Law and Procedure Nov. 9, 2004
Thomas v. Ashcroft
Order 		Nov. 9, 2004
Zheng v. Ashcroft
Order 		Nov. 9, 2004
Rodriguez v. Ansett Australia Ltd.
Airline passenger who developed deep vein thrombosis did not have 'accident' under Warsaw Convention. 		Torts Nov. 9, 2004
Leavitt v. Arave
Defendant sentenced to death is entitled to resentencing based on claim of ineffective assistance of counsel. 		Criminal Law and Procedure Nov. 9, 2004
White v. Nielsen (In re Nielsen)
Creditor's challenge to discharge fails for lack of evidence that discharge was obtained through fraud. 		Bankruptcy Nov. 9, 2004
Smith v. State
Habeas petitioner fails to establish cause to excuse procedural default. 		Criminal Law and Procedure Nov. 9, 2004
Zara v. Ashcroft
Ninth Circuit lacks jurisdiction to review issues not presented to Board of Immigration Appeals, even when case was streamlined. 		Immigration Nov. 9, 2004
Lara-Torres v. Ashcroft
No ineffective assistance of counsel exists where it was immigration lawyer's incorrect analysis of new rules that led petitioner to file doomed asylum application. 		Attorneys Nov. 9, 2004
Humanitarian Law Project v. U.S. Dept. of Justice
Order 		Nov. 9, 2004
The Burlington Insurance Co. v. Oceanic Design & Construction Inc.
Under Hawaii law, builder's commercial general liability policy does not cover claims by dissatisfied homeowners. 		Insurance Nov. 9, 2004
Headwaters Inc. v. U.S. Forest Service
Suit by environmental group against Forest Service is barred when other environmental groups already settled claim based on same violations. 		Civil Procedure Nov. 9, 2004
Grosso v. Miramax Film Corp.
Court erred in holding that plaintiff's breach of implied contract claim was preempted by Copyright Act. 		Contracts Nov. 9, 2004
Arreola v. Ashcroft
Court transfers defendant's petition challenging his removal order on due process grounds. 		Immigration Nov. 9, 2004
U.S. v. Staves
Undercover agents were not required to use cloned cellphones before applying for wiretap order. 		Criminal Law and Procedure Nov. 9, 2004
Lagandaon v. Ashcroft
Alien's 10 years of continuous physical presence in U.S. makes him eligible for cancellation of removal. 		Immigration Nov. 9, 2004
Ferreira v. Ashcroft
Plaintiff is eligible for cancellation of removal because his drug possession conviction was not aggravated felony. 		Immigration Nov. 9, 2004
Perez-Enriquez v. Ashcroft
Alien's permanent residency was effective on date of adjustment, not date of application. 		Immigration Nov. 9, 2004
Jerry's Famous Deli Inc. v. Papanicolaou
Court will reconsider profits that restaurant owner should disgorge for unlawfully using 'Famous Deli' trademark. 		Intellectual Property Nov. 9, 2004
State v. Coral Power LLC
Federal Energy Regulatory Commission must demand refunds from energy wholesalers whose reports on short-term sales did not include transaction-specific data. 		Administrative Agencies Nov. 9, 2004
U.S. v. Kaur
District court properly instructed jury on required mental state for conviction on drug-related offense. 		Criminal Law and Procedure Nov. 9, 2004
Jones v. City of Santa Monica
City's post-arrest probable cause procedure did not violate plaintiff's civil rights. 		Civil Rights Nov. 9, 2004
Umali v. Dhanani (In re Umali)
Order 		Nov. 9, 2004
Porter v. California Dept. of Corrections
Court erred in ruling for California Department of Corrections in sexual harassment suit. 		Employment Law Nov. 9, 2004
Henley v. Morris
Order 		Nov. 9, 2004
Ocean Conservancy, Inc. v. National Marine Fisheries Service
Order 		Nov. 9, 2004
Alch v. Superior Court (Time Warner Entertainment et al.)
Television writers alleging age discrimination may sue under state laws. 		Employment Law Nov. 9, 2004
Holguin v. Flores
Surviving member of unmarried cohabiting couple did not have standing in wrongful death action. 		Constitutional Law Nov. 9, 2004
People v. Martinez
Sufficient evidence supports defendant's conviction for active participation in street gang. 		Criminal Law and Procedure Nov. 9, 2004
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