| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
01-56582
|
Rice v. Fox Broadcasting Co.
False advertising that does not influence potential consumers' purchasing decisions, means deception is immaterial and therefore not actionable under the Lanham Act. |
Intellectual Property |
|
Jul. 22, 2003 | |
|
01-16855
|
Webb v. Sloan
Municipal liability is proper because deputy district attorneys acted as final policymakers for city. |
Government |
|
Jul. 22, 2003 | |
|
01-56929
|
Cervantes v. United States
'Detention of goods' exception to sovereign immunity waiver under Federal Tort Claims Act doesn't apply to plaintiff's negligence claim against United States. |
Torts |
|
Jul. 22, 2003 | |
|
02-50353
|
U.S. v. Verduzco
Defendant who pleaded 'no contest' to charge violated terms of supervised release. |
Criminal Law and Procedure |
|
Jul. 22, 2003 | |
|
01-56069
|
Silvers v. Sony Pictures Entertainment Inc.
Accrued cause of action for copyright infringement may be assigned to third party. |
Intellectual Property |
|
Jul. 22, 2003 | |
|
01-55716
|
Brambles v. Duncan
Equitable tolling applies because court misled petitioner to believe he could dismiss habeas petition without prejudice, exhaust state claims and refile in federal court. |
Criminal Law and Procedure |
|
Jul. 22, 2003 | |
|
00-15144
|
Total Procurement Systems Inc. v. U.S. Department of Defense
Freedom of Information Act requires government agency to produce electronic data in 'zipped' format if it is 'readily reproducible' by the agency. |
Government |
|
Jul. 22, 2003 | |
|
01-17078
|
Oxygenated Fuels Association Inc. v. Davis
California's ban on MTBE is not expressly nor impliedly pre-empted by Clean Air Act. |
Environmental Law |
|
Jul. 22, 2003 | |
|
01-50006
|
U.S. v. Smith
Sentencing guidelines preclude downward departure despite existence of extraordinary circumstances surrounding defendant's mental condition. |
Criminal Law and Procedure |
|
Jul. 22, 2003 | |
|
01-57231
|
Employers Insurance of Wausau v. Granite State Insurance Co.
Primary insurer's subrogation action isn't time-barred; policy 'stacking' leaves primary insurer totally responsible for settlement paid on behalf of insured. |
Insurance |
|
Jul. 22, 2003 | |
|
02-10189
|
U.S. v. T.M.
District court's imposition of certain conditions of supervised release relating to defendant's status as sex offender are vacated. |
Criminal Law and Procedure |
|
Jul. 22, 2003 | |
|
01-70398
|
Vera-Villegas v. INS
Witness testimony may be used to establish continuous presence of alien seeking to suspend deportation. |
Immigration |
|
Jul. 22, 2003 | |
|
02-55770
|
State Board of Equalization v. Harleston (In re Harleston)
State Board of Equalization waived sovereign immunity by filing proof of claim in bankruptcy proceeding. |
Government |
|
Jul. 22, 2003 | |
|
01-56245
|
Bourns Inc. v. Raychem Corp.
Jury instructions on misappropriation claim are harmless error; beginning business does not have standing to assert antitrust action. |
Antitrust |
|
Jul. 22, 2003 | |
|
01-50669
|
U.S. v. Velte
Defendant who purposefully set fire to national forest is not entitled to acquittal of offense for setting fire without authority. |
Criminal Law and Procedure |
|
Jul. 22, 2003 | |
|
01-35254
|
Cherosky v. Henderson
Employee is barred from challenging discriminatory decision made outside limitations period under 'continuing violation' doctrine. |
Employment Law |
|
Jul. 22, 2003 | |
|
01-56963
|
Hunt v. Pliler
District court improperly delegated authority to magistrate to rule on habeas petition. |
Criminal Law and Procedure |
|
Jul. 22, 2003 | |
|
02-16292
|
Norita v. Commonwealth of the Northern Mariana Islands
In suit by officials to recover overtime pay, court determines Commonwealth of Northern Mariana Islands isn't entitled to sovereign immunity defense. |
Civil Procedure |
|
Jul. 22, 2003 | |
|
02-99000
|
Bittaker v. Woodford
Defendant claiming ineffective assistance of counsel waives attorney-client privilege only while habeas petition is being litigated. |
Criminal Law and Procedure |
|
Jul. 22, 2003 | |
|
00-30220
|
U.S. v. Lamont
Church does not qualify as property used in interstate commerce for purposes of federal arson statute. |
Constitutional Law |
|
Jul. 22, 2003 | |
|
01-16683
|
Union Oil Co. of California v. Terrible Herbst Inc.
Withholding assertion of non-frivolous claim in reliance on agreement is consideration to support contract; court abused discretion by granting new trial. |
Civil Procedure |
|
Jul. 22, 2003 | |
|
02-35361
|
Single Moms Inc. v. Montana Power Co.
Lobbying efforts by privately owned corporation do not constitute state action affecting plaintiffs' constitutional rights. |
Constitutional Law |
|
Jul. 22, 2003 | |
|
02-1356
|
Ybarra v. Boeing North America Inc. (In re Ybarra)
Bankruptcy court erred in concluding attorney fees and costs awarded by state court were not discharged. |
Bankruptcy |
|
Jul. 22, 2003 | |
|
02-1600
|
Maaskant v. Peck (In re Peck)
Bankruptcy court erred in finding damages caused by debtor's slanderous actions were dischargeable debt. |
Bankruptcy |
|
Jul. 22, 2003 | |
|
02-1384
|
Garland v. Estate of Maloney (In re Garland)
Order of dismissal of bankruptcy case that was not prepared as separate document was ineffective. |
Bankruptcy |
|
Jul. 22, 2003 | |
|
01-04164
|
In re Gorman
Attorney who willfully failed to comply with terms of disciplinary probation deserves actual suspension. |
Attorneys |
|
Jul. 18, 2003 | |
|
S028339
|
People v. Smith
|
|
Jul. 17, 2003 | ||
|
S108491
|
Gilman v. Superior Court (Blue Cross)
Order |
|
Jul. 17, 2003 | ||
|
S112299
|
In re Woods
Order |
|
Jul. 17, 2003 | ||
|
S028339
|
People v. Smith
Order |
|
Jul. 17, 2003 |
