| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
00-16521
|
Appling v. State Farm Mutual Automobile Insurance Co.
Because of inconsistent prior judgments, court correctly exercised its discretion by refusing to apply offensive non-mutual collateral estoppel. |
Civil Procedure |
|
Oct. 9, 2003 | |
|
00-56148
|
Delhomme v. Ramirez
Subsequent overlapping habeas petitions did not affect pendency of first round of state collateral review for tolling purposes. |
Criminal Law and Procedure |
|
Oct. 9, 2003 | |
|
02-10341
|
U.S. v. Radmall
Imposition of new sentence did not violate double jeopardy clause because defendant had no legitimate expectation of finality of his sentence. |
Criminal Law and Procedure |
|
Oct. 9, 2003 | |
|
02-55881
|
Johnson v. County of Los Angeles
Police officer is entitled to qualified immunity when use of force is objectively reasonable; denial of summary judgment was error. |
Criminal Law and Procedure |
|
Oct. 9, 2003 | |
|
02-71594
|
Singh v. INS
Appeal dismissal error occurs when Board of Immigration Appeals deprives petitioner of opportunity to timely file brief by sending information to wrong address. |
Immigration |
|
Oct. 9, 2003 | |
|
02-50447
|
U.S. v. Camacho
Crime of failure to appear is continuing offense; accordingly, defendant should be sentenced under U.S. Sentencing Guidelines. |
Criminal Law and Procedure |
|
Oct. 9, 2003 | |
|
02-56947
|
Clear Channel Outdoor Inc. v. City of Los Angeles
City may charge fee to companies to inspect off-site billboards. |
Constitutional Law |
|
Oct. 9, 2003 | |
|
01-55712
|
King v. Roe
Petitioner is not entitled to tolling because second series of habeas petitions is treated as separate round of collateral review. |
Criminal Law and Procedure |
|
Oct. 9, 2003 | |
|
02-55997
|
Mercado v. Allstate Insurance Co.
Plaintiff who was struck by vehicle failed to establish motorist's insurer acted in bad faith. |
Insurance |
|
Oct. 9, 2003 | |
|
02-15826
|
Northwest Environment Advocates v. U.S. Environmental Protection Agency
Order |
|
Oct. 9, 2003 | ||
|
02-15212
|
National Assn. of Home Builders v. Norton
Fish and Wildlife Service acted arbitrarily and capriciously in designating Arizona's pygmy-owl population as distinct population segment. |
Environmental Law |
|
Oct. 9, 2003 | |
|
01-56595
|
Traditional Cat Assn. Inc. v. Gilbreath
Court abused discretion by denying attorney fees to parties who successfully defended copyright lawsuit. |
Civil Procedure |
|
Oct. 9, 2003 | |
|
01-15665
|
United States v. Alpine Land & Reservoir Co. (Nevada State Engineer)
Water right appurtenant to parcel cannot be perfected and subject to transfer unless it is put to beneficial use. |
Real Property |
|
Oct. 9, 2003 | |
|
02-55954
|
Karam v. City of Burbank
City is not liable for investigating resident who stayed at city council meeting after being ordered to leave. |
Government |
|
Oct. 9, 2003 | |
|
01-36102
|
Connett v. Barnhart
Applicant who exaggerated symptoms was not entitled to Social Security disability benefits. |
Administrative Agencies |
|
Oct. 9, 2003 | |
|
02-55848
|
Ansley v. Ameriquest Mortgage Co.
Because federal Alternative Mortgage Transaction Parity Act doesn't completely pre-empt all California laws relating to alternative mortgage transaction, court lacks jurisdiction. |
Civil Procedure |
|
Oct. 9, 2003 | |
|
02-70546
|
Mendez-Gutierrez v. Ashcroft
BIA abused its discretion by failing to address petitioner's claim of well-founded fear of future prosecution before determining he was not eligible for asylum. |
Immigration |
|
Oct. 9, 2003 | |
|
02-16700
|
Aspen Green v. City of Tucson
Consent requirement for municipal incorporation is constitutional. |
Government |
|
Oct. 9, 2003 | |
|
01-17531
|
Jaramillo v. Stewart
Petitioner's claim of actual innocence is sufficient to require evidentiary hearing despite procedural default. |
Criminal Law and Procedure |
|
Oct. 9, 2003 | |
|
01-36142
|
Lawrence v. United States
Federal agents are entitled to immunity where they reasonably determined drug-trafficking felon needn't be prohibited from working with juveniles. |
Civil Procedure |
|
Oct. 9, 2003 | |
|
02-16744
|
Evanchyk v. Stewart
Where felony murder was theory of first-degree murder, generic conspiracy instruction omitted element of intent to kill and violated defendant's due process rights. |
Criminal Law and Procedure |
|
Oct. 9, 2003 | |
|
02-35558
|
Miller v. Clark County
Officer who ordered police dog to bite and hold suspect did not violate Fourth Amendment. |
Criminal Law and Procedure |
|
Oct. 9, 2003 | |
|
02-15027
|
Turtle Island Restoration Network v. National Marine Fisheries Service
High Seas Fishing Compliance Act contains ample discretion to allow conditioning of permits for benefit of protected species. |
Environmental Law |
|
Oct. 9, 2003 | |
|
01-70616
|
Bell v. Bonneville Power Administration
Where curtailment amendments were not inextricably linked with original contract's ratemaking provisions, Regional Act does not apply. |
Government |
|
Oct. 9, 2003 | |
|
02-16225
|
McNabb v. Barnhart
Court failed to consider all available evidence to determine whether applicant was entitled to disability benefits. |
Administrative Agencies |
|
Oct. 9, 2003 | |
|
02-56956
|
Los Angeles News Service v. Reuters Television International Limited
News organization may not recover actual damages under Copyright Act for acts of infringement that mostly occur outside United States. |
Intellectual Property |
|
Oct. 9, 2003 | |
|
G032293
|
D.E. v. Superior Court (Orange County Social Services Agency)
Time requirements for dispositional hearing take precedence over arguable statutory right of parent to be present at hearing. |
Juveniles |
|
Oct. 9, 2003 | |
|
02-15430
|
Grimes v. New Century Mortgage Corp.
Homeowner may sue mortgage company that allegedly misrepresented amount of monthly payment due. |
Contracts |
|
Oct. 9, 2003 | |
|
01-30200
|
U.S. v. Chase
Dangerous-patient exception does not apply to federal psychotherapist-patient privilege. |
Civil Procedure |
|
Oct. 9, 2003 | |
|
02-35863
|
Lounsbury v. Thompson
Because defendant's competency claim was logically contained within his state petition for review, his federal habeas appeal isn't procedurally barred. |
Criminal Law and Procedure |
|
Oct. 9, 2003 |
