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Name Category Published
Rousey v. Jacoway
Order
Sep. 29, 2004
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
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
Benecke v. Barnhart
Disabled applicant who is clearly entitled to benefits need not undergo additional administrative proceedings.
Administrative Agencies Sep. 28, 2004
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
Nike Inc. v. McCarthy
Former employee's non-competition agreement with Nike is enforceable.
Employment Law Sep. 28, 2004
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
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
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
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
Choi v. Commissioner of Internal Revenue
IRS properly used 'bank deposits plus cash expenditures' method to reconstruct grocers' income.
Taxation Sep. 28, 2004
United States v. LSL Biotechnologies
District court lacks jurisdiction over antitrust action against tomato-seed developer.
Antitrust Sep. 28, 2004
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
Henderson v. Terhune
Prison's hair length regulation serves important penological interests that outweigh prisoner's religious interest.
Prisoners Rights Sep. 28, 2004
Currier v. Potter
Post office's policy regarding delivery of mail to homeless people did not violate First Amendment.
Constitutional Law Sep. 28, 2004
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
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
Kaur v. Ashcroft
Immigration judge will reconsider asylum petition of Indian citizen alleging torture.
Immigration Sep. 28, 2004
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
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
Tucson Woman's Clinic v. Eden
Physicians that perform abortions may challenge state licensing and regulatory scheme.
Constitutional Law Sep. 28, 2004
Cheema v. Ashcroft
Lack of evidence of terrorist activities warrants reassessment of plaintiffs' petitions for withholding of deportation.
Immigration Sep. 28, 2004
Ndom v. Ashcroft
Asylum applicant proved past persecution despite not being singled out for harm.
Immigration Sep. 28, 2004
Phiffer v. Columbia River Correctional Institute
Court may review interlocutory appeal without finding serious and unsettled question of law.
Civil Procedure Sep. 28, 2004
U.S. v. Booker
Order
Sep. 28, 2004
Mink v. Maccabee
Fee-splitting arrangement between two attorneys is enforceable despite client's belated acceptance of arrangement.
Attorneys Sep. 27, 2004
Wilbanks v. Wolk
Lawsuit against critics of viatical brokerage was not strategic lawsuit against public participation.
Civil Procedure Sep. 27, 2004
In re Estate of Regli
Attempt by estate's beneficiaries to attack administrator's accounting is procedurally barred.
Probate and Trusts Sep. 27, 2004
People v. Rubio
Jury instruction in defendant's perjury case that incorrectly defined 'materiality' was harmless.
Criminal Law and Procedure Sep. 27, 2004
Ackerman v. Edwards
California court lacks jurisdiction over dispute between tribal members and tribe.
Native American Affairs Sep. 27, 2004