| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
03-1407
|
Rousey v. Jacoway
Order |
|
Sep. 29, 2004 | ||
|
02-35992
|
Assurance Co. of America v. Wall & Associates LLC of Olympia
Washington insurance policy that covers direct physical loss of collapse caused by hidden decay also covers imminent collapse. |
Contracts |
|
Sep. 28, 2004 | |
|
02-50485
|
U.S. v. Combs
Disposal of unusable traces of drug was insufficient to support conviction for drug distribution. |
Criminal Law and Procedure |
|
Sep. 28, 2004 | |
|
03-15155
|
Benecke v. Barnhart
Disabled applicant who is clearly entitled to benefits need not undergo additional administrative proceedings. |
Administrative Agencies |
|
Sep. 28, 2004 | |
|
03-16319
|
United States v. Schiff
Because book claiming illegality of federal tax laws was advertisement for tax-avoidance products, it is commercial speech subject to injunction. |
Constitutional Law |
|
Sep. 28, 2004 | |
|
03-35818
|
Nike Inc. v. McCarthy
Former employee's non-competition agreement with Nike is enforceable. |
Employment Law |
|
Sep. 28, 2004 | |
|
03-10103
|
U.S. v. Gementera
Mail thief may be ordered to stand outside post office while wearing sandwich board stating 'I stole mail.' |
Criminal Law and Procedure |
|
Sep. 28, 2004 | |
|
03-35207
|
Public Utility District No. 1 v. Idacorp Inc.
Public utility's state lawsuit against energy wholesaler is pre-empted by federal law. |
Civil Procedure |
|
Sep. 28, 2004 | |
|
03-15687
|
Gaudin v. Remis
Petition by mother who moved from Canada to Hawaii to seek return of children is not moot. |
Civil Procedure |
|
Sep. 28, 2004 | |
|
02-16604
|
Poulos v. Caesars World Inc.
Since video poker players would need to show individualized reliance on misrepresentations to prove causation, class certification of RICO claim was properly denied. |
Civil Procedure |
|
Sep. 28, 2004 | |
|
02-74480
|
Choi v. Commissioner of Internal Revenue
IRS properly used 'bank deposits plus cash expenditures' method to reconstruct grocers' income. |
Taxation |
|
Sep. 28, 2004 | |
|
02-16472
|
United States v. LSL Biotechnologies
District court lacks jurisdiction over antitrust action against tomato-seed developer. |
Antitrust |
|
Sep. 28, 2004 | |
|
03-15487
|
Higgins v. Vortex Fishing Systems Inc.
Bankruptcy court that dismissed involuntary petition may award attorney fees based on 'totality of circumstances.' |
Bankruptcy |
|
Sep. 28, 2004 | |
|
02-17224
|
Henderson v. Terhune
Prison's hair length regulation serves important penological interests that outweigh prisoner's religious interest. |
Prisoners Rights |
|
Sep. 28, 2004 | |
|
02-35232
|
Currier v. Potter
Post office's policy regarding delivery of mail to homeless people did not violate First Amendment. |
Constitutional Law |
|
Sep. 28, 2004 | |
|
S027766
|
People v. Cole
Trial court may deny defendant's request to appoint private counsel who worked on the case when public defender does not support request. |
Criminal Law and Procedure |
|
Sep. 28, 2004 | |
|
D042529
|
Rincon Del Diablo Municipal Water District v. San Diego County Water Authority
Transportation-rate component of county water board's new water rate is reasonable and valid. |
Government |
|
Sep. 28, 2004 | |
|
02-72302
|
Kaur v. Ashcroft
Immigration judge will reconsider asylum petition of Indian citizen alleging torture. |
Immigration |
|
Sep. 28, 2004 | |
|
B166883
|
People v. Saucedo
Jury instruction about failure to timely disclose alibi witnesses is harmless where prosecutor focused only on last-minute nature of alibi. |
Criminal Law and Procedure |
|
Sep. 28, 2004 | |
|
S118034
|
People v. Robertson
Trial court properly instructed jury on second-degree felony murder based on discharging firearm in grossly negligent manner. |
Criminal Law and Procedure |
|
Sep. 28, 2004 | |
|
02-17375
|
Tucson Woman's Clinic v. Eden
Physicians that perform abortions may challenge state licensing and regulatory scheme. |
Constitutional Law |
|
Sep. 28, 2004 | |
|
02-71311
|
Cheema v. Ashcroft
Lack of evidence of terrorist activities warrants reassessment of plaintiffs' petitions for withholding of deportation. |
Immigration |
|
Sep. 28, 2004 | |
|
02-74419
|
Ndom v. Ashcroft
Asylum applicant proved past persecution despite not being singled out for harm. |
Immigration |
|
Sep. 28, 2004 | |
|
01-35984
|
Phiffer v. Columbia River Correctional Institute
Court may review interlocutory appeal without finding serious and unsettled question of law. |
Civil Procedure |
|
Sep. 28, 2004 | |
|
04-104
|
U.S. v. Booker
Order |
|
Sep. 28, 2004 | ||
|
B166764
|
Mink v. Maccabee
Fee-splitting arrangement between two attorneys is enforceable despite client's belated acceptance of arrangement. |
Attorneys |
|
Sep. 27, 2004 | |
|
A101100
|
Wilbanks v. Wolk
Lawsuit against critics of viatical brokerage was not strategic lawsuit against public participation. |
Civil Procedure |
|
Sep. 27, 2004 | |
|
A104772
|
In re Estate of Regli
Attempt by estate's beneficiaries to attack administrator's accounting is procedurally barred. |
Probate and Trusts |
|
Sep. 27, 2004 | |
|
F043941
|
People v. Rubio
Jury instruction in defendant's perjury case that incorrectly defined 'materiality' was harmless. |
Criminal Law and Procedure |
|
Sep. 27, 2004 | |
|
C045118
|
Ackerman v. Edwards
California court lacks jurisdiction over dispute between tribal members and tribe. |
Native American Affairs |
|
Sep. 27, 2004 |