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Name Category Published
Elliot v. Fortis Benefits Insurance Co.
Plaintiff who prevailed under ERISA cannot seek damages under state law against insurance company.
Insurance Oct. 14, 2003
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
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
Zhang v. American Gem Seafoods Inc.
Jury award in favor of Chinese national alleging employment discrimination is affirmed.
Employment Law Oct. 14, 2003
Monjaraz-Munoz v. INS
Amended opinion
Oct. 14, 2003
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
U.S. v. Ramirez-Sanchez
Court properly applied sentencing points for alien convicted of illegal re-entry following deportation.
Immigration Oct. 14, 2003
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
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
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
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
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
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
Panther v. Park
Order
Oct. 14, 2003
People v. Ayele
Order
Oct. 14, 2003
People v. Walters
Order
Oct. 14, 2003
In re Adrian R., a Minor
Order
Oct. 14, 2003
Trumble v. Superior Court (People)
Order
Oct. 14, 2003
In re Beasley
Insufficient evidence existed that defendant struck cohabitant to produce corporal injury.
Criminal Law and Procedure Oct. 14, 2003
U.S. v. Beasley
Defenant must prove justification defense by a preponderance of evidence.
Criminal Law and Procedure Oct. 14, 2003
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
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
Pugliese v. Dillenberg
State waived immunity from claim from Rehabilitation Act by accepting funds under act.
Government Oct. 14, 2003
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
Allstate Insurance Co. v. Hughes
Federal court lacked diversity jurisdiction to hear lawsuit brought by insurer against home seller.
Civil Procedure Oct. 14, 2003
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
Western Aggregates Inc. v. County of Yuba
Order
Oct. 13, 2003
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
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
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