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Name Category Published
Tritchler v. County of Lake
Federal court had jurisdiction to review state law claims of employment discrimination after federal claims had been dismissed.
Civil Procedure May 17, 2004
U.S. v. Iniguez
Order
May 17, 2004
Padash v. INS
Child Status Protection Act prevents plaintiff from 'aging out' of visa category due to delays in adjudication.
Immigration May 17, 2004
Silva-Calderon v. Ashcroft
Court does not have jurisdiction to review procedural due process claim that BIA could have competently considered.
Immigration May 17, 2004
Gerawan Farming Inc. v. Lyons
Order
May 14, 2004
Haynes v. Farmers Insurance Exchange
Coverage limits contained in insurance provision written in vague language and placed near end of policy may not be enforceable.
Insurance May 14, 2004
U.S. v. Hickey
Because none of defendant's contentions raise colorable claim under collateral order doctrine, appeals are dismissed for lack of jurisdiction.
Criminal Law and Procedure May 12, 2004
Middletown v. McNeil
State court did not unreasonably apply federal law in finding there was no reasonable likelihood jury was misled by faulty instruction.
Criminal Law and Procedure May 12, 2004
Johnson v. California
U.S. Supreme Court lacks jurisdiction to review decision of state supreme court to remand for further proceedings.
Civil Procedure May 12, 2004
Scarborough v. Principi
Attorney-fees application under Equal Access to Justice Act may be amended after deadline to allege government's position was not substantially justified.
Civil Procedure May 12, 2004
Dretke v. Haley
Federal court faced with claim of actual innocence must first address nondefaulted claims for comparable relief to excuse procedural default.
Criminal Law and Procedure May 12, 2004
Jones v. R.R. Donnelley & Sons Co.
Petitioners' wrongful termination cases are governed by 28 U.S.C. Section 1658 because they arose under Civil Rights Act of 1991.
Employment Law May 12, 2004
U.S. v. Navarro-Vargas
Charge given by district court to grand jury did not deny defendant his Fifth Amendment right to unfettered judgment of grand jurors.
Criminal Law and Procedure May 12, 2004
U.S. v. Navidad-Marcos
District court improperly relied solely on abstract of judgment of prior conviction to enhance defendant's sentence.
Criminal Law and Procedure May 12, 2004
U.S. v. Shipsey
Amended opinion
May 12, 2004
Powers v. The Rug Barn
May 12, 2004
South FL Water Mgmt v. Miccosukee Tribe
Order
May 12, 2004
Kowalski v. Tesmer
Order
May 11, 2004
Retail Flooring Dealers of America Inc. v. Beaulieu of America
Court erred in awarding sanctions against plaintiff because defendant failed to comply with safe harbor provision.
Civil Procedure May 11, 2004
U.S. v. Manion
Jury properly instructed that defendant can be convicted for defendant's own acts constituting mail fraud if defendant knowingly participated in scheme to defraud.
Criminal Law and Procedure May 11, 2004
Holly D. v. California Institute of Technology
Employee who allegedly was coerced to have sex to keep job failed to establish case under Title VII of Civil Rights Act.
Employment Law May 11, 2004
Webster v. Woodford
Judicial expansion of special circumstances that qualify for death sentence did not violate defendant's due process rights.
Criminal Law and Procedure May 11, 2004
U.S. v. Tapia-Marquez
Defendant, whose appeal became moot when he was released from custody while appeal was pending, is not entitled to vacatur of judgment.
Criminal Law and Procedure May 11, 2004
U.S. v. Soriano
Amended opinion
May 11, 2004
Miller v. Cardinale (In re Les DeVille)
Attorney and client who delayed civil lawsuit by filing series of bankruptcy petitions are subject to sanctions.
Bankruptcy May 11, 2004
Ma v. Ashcroft
Husband whose marriage was not legally registered with Chinese government because of his age, qualifies for asylum based on wife's persecution.
Immigration May 11, 2004
Churchill Village LLC v. General Electric
Settlement of class action lawsuit against manufacturer of consumer dishwashers is upheld.
Civil Procedure May 11, 2004
The Wilderness Society v. United States Fish & Wildlife Service
Amended opinion
May 11, 2004
Embury v. King
By removing action from state court to federal court, defendants waived Eleventh Amendment immunity.
Constitutional Law May 11, 2004
U.S. v. Glass
Summary contempt proceeding was improper forum for court to decide that defendant was not entitled to indigent legal services.
Criminal Law and Procedure May 11, 2004