| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
02-35080
|
Elliot v. Fortis Benefits Insurance Co.
Plaintiff who prevailed under ERISA cannot seek damages under state law against insurance company. |
Insurance |
|
Oct. 14, 2003 | |
|
02-10071
|
U.S. v. Pereira-Salmeron
Felony conviction for carnal knowledge of child constitutes conviction for crime of violence under Federal Sentencing Guidelines. |
Criminal Law and Procedure |
|
Oct. 14, 2003 | |
|
01-56660
|
Brown v. Poole
Where plea agreement has been breached, prisoner is entitled to specific performance and is released from custody. |
Criminal Law and Procedure |
|
Oct. 14, 2003 | |
|
01-36130
|
Zhang v. American Gem Seafoods Inc.
Jury award in favor of Chinese national alleging employment discrimination is affirmed. |
Employment Law |
|
Oct. 14, 2003 | |
|
02-70227
|
Monjaraz-Munoz v. INS
Amended opinion |
|
Oct. 14, 2003 | ||
|
02-16778
|
U.S. v. Mackby
Judgment for more than $700,000 in damages for violations of False Claims Act was not excessive. |
Government |
|
Oct. 14, 2003 | |
|
02-10101
|
U.S. v. Ramirez-Sanchez
Court properly applied sentencing points for alien convicted of illegal re-entry following deportation. |
Immigration |
|
Oct. 14, 2003 | |
|
02-70570
|
Ramirez-Zavala v. Ashcroft
Petitioner's application for suspension of deportation should have been filed with immigration judge after issuance of Order to Show Cause. |
Immigration |
|
Oct. 14, 2003 | |
|
02-35635
|
Selkirk Conservation Alliance v. Forsgren
Federal agencies did not unreasonably rely on agreement designed to mitigate adverse environmental impacts in conducting their assessments. |
Environmental Law |
|
Oct. 14, 2003 | |
|
00-35457
|
Anderson v. Pacific Maritime Assn.
Nonprofit association comprised of shipping companies is not employer of dock workers alleging racial discrimination. |
Employment Law |
|
Oct. 14, 2003 | |
|
01-71356
|
Davis v. EPA
Failing to consider effect proposed oxygen waiver would have on particulate matter pollution is abuse of discretion by EPA. |
Administrative Agencies |
|
Oct. 14, 2003 | |
|
G028955
|
Shea v. Household Bank (SB), National Assn.
Where plaintiff did not use credit card after refusing to be bound by arbitration clause, he cannot be compelled to arbitrate. |
Contracts |
|
Oct. 14, 2003 | |
|
D039312
|
Punsly v. Ho
Mother who prevailed in visitation dispute is not entitled to attorney fees under 'private attorney general' theory. |
Civil Procedure |
|
Oct. 14, 2003 | |
|
S110025
|
Panther v. Park
Order |
|
Oct. 14, 2003 | ||
|
S111522
|
People v. Ayele
Order |
|
Oct. 14, 2003 | ||
|
S112291
|
People v. Walters
Order |
|
Oct. 14, 2003 | ||
|
S111812
|
In re Adrian R., a Minor
Order |
|
Oct. 14, 2003 | ||
|
S112339
|
Trumble v. Superior Court (People)
Order |
|
Oct. 14, 2003 | ||
|
B152073
|
In re Beasley
Insufficient evidence existed that defendant struck cohabitant to produce corporal injury. |
Criminal Law and Procedure |
|
Oct. 14, 2003 | |
|
02-10395
|
U.S. v. Beasley
Defenant must prove justification defense by a preponderance of evidence. |
Criminal Law and Procedure |
|
Oct. 14, 2003 | |
|
02-55713
|
Cordova v. Baca
Criminal defendant who was tried without counsel following defective waiver is entitled to automatic reversal of conviction. |
Criminal Law and Procedure |
|
Oct. 14, 2003 | |
|
02-35158
|
Chao v. A-One Medical Services Inc.
Court upholds award of overtime wages to seven of eight employees of home healthcare service providers. |
Employment Law |
|
Oct. 14, 2003 | |
|
01-16544
|
Pugliese v. Dillenberg
State waived immunity from claim from Rehabilitation Act by accepting funds under act. |
Government |
|
Oct. 14, 2003 | |
|
02-15586
|
Hatton v. Bonner
Petitioner's ex post facto and due process challenges to California's sex-offender registration statute fail. |
Criminal Law and Procedure |
|
Oct. 14, 2003 | |
|
02-35582
|
Allstate Insurance Co. v. Hughes
Federal court lacked diversity jurisdiction to hear lawsuit brought by insurer against home seller. |
Civil Procedure |
|
Oct. 14, 2003 | |
|
02-55724
|
Kelton Arms Condominium Owners Assn. Inc., v. Homestead Insurance Co.
District court did not have authority to remand case sua sponte for procedural defect under 28 U.S.C. Section 1447(c). |
Civil Procedure |
|
Oct. 14, 2003 | |
|
C037523
|
Western Aggregates Inc. v. County of Yuba
Order |
|
Oct. 13, 2003 | ||
|
B151466
|
People v. Bracamonte
Court erred in failing to stay four-year term for defendants' convictions and in its disposition of firearm enhancements. |
Criminal Law and Procedure |
|
Oct. 13, 2003 | |
|
B157805
|
Consumer Cause Inc. v. Arkopharma Inc.
Liquid products not intended for beverage purposes are not required to bear warnings regarding ethyl alcohol. |
Environmental Law |
|
Oct. 13, 2003 | |
|
B153239
|
Melchior v. New Line Productions Inc.
Company that purchased rights to produce motion picture assumed obligations under seller's agreement with artist. |
Contracts |
|
Oct. 13, 2003 |
