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Ayala v. Capital One
Order
Mar. 20, 2003
George v. Insurance Company
Order
Mar. 20, 2003
Opinion of Lockyer
Electorate's approval is not required for board of retirement to appoint alternate for the eighth office held by retired member.
Government Mar. 20, 2003
Robertson v. W.C.A.B.
Order
Mar. 20, 2003
Rieger v. Arnold
Order
Mar. 20, 2003
Rodriguez v. Panayiotou
Police officer may sue pop singer for slander based on comments in magazine regarding arrest.
Torts Mar. 20, 2003
Snell v. Cleveland Inc.
Despite defective diversity allegations in closed tort action, district court assigned to new lawsuit may not attack final judgment of closed tort action.
Civil Procedure Mar. 20, 2003
U.S. v. Thompson
Downward departure in sentencing improperly relied upon 'heartland' conclusion.
Criminal Law and Procedure Mar. 20, 2003
Chen v. Ashcroft
Order
Mar. 20, 2003
Grant v. City of Long Beach
Evidence relied upon by officers failed to establish probable cause to maintain 3-month incarceration of alleged 'Belmont Shores' rapist.
Civil Rights Mar. 20, 2003
U.S. v. Kitsap Physicians Service
Summary judgment dismissal is proper where plaintiff failed to produce evidence establishing submission of single false claim.
Torts Mar. 20, 2003
Kyocera Corp. v. Prudential-Bache Trade Services Inc.
Order
Mar. 20, 2003
Anderson v. Willden
Individual plaintiffs are not entitled to benefits from settlement reached between state and tobacco companies.
Torts Mar. 20, 2003
Alvarado v. Hickman
Parental involvement and juvenile status are relevant factors of 'in custody' determination.
Criminal Law and Procedure Mar. 20, 2003
Lansdale v. Hi-Health Supermart Corp.
Limitation of damages awarded in gender discrimination action is constitutional.
Civil Rights Mar. 20, 2003
Frost v. Barnhart
In determining disability status of claimant, administrative law judge did not evaluate claimant's paranoid schizophrenic disorder under proper regulation.
Labor Law Mar. 20, 2003
U.S. v. Chase
Order
Mar. 20, 2003
Southwest Center for biological Diversity v. U.S. Dept. of Agriculture
Exemption from Freedom of Information Act applies to case that was pending when exemption was enacted.
Civil Procedure Mar. 20, 2003
Nonnette v. Small
Paroled prisoner challenging calculation of sentence may bring federal civil rights lawsuit.
Civil Rights Mar. 20, 2003
Kelly v. Small
Amended opinion
Mar. 20, 2003
U.S. v. Ivester
Questioning of jurors at mid-trial outside presence of spectators did not violate defendant's right to public trial.
Criminal Law and Procedure Mar. 20, 2003
Oregon Advocacy Center v. Mink
State mental hospital that refused to accept alleged criminals on timely basis violated substantive and procedural due process rights.
Constitutional Law Mar. 18, 2003
Valencia-Fragoso v. INS
Alien who appeared late for hearing cannot challenge removal order.
Immigration Mar. 18, 2003
Securities and Exchange Commission v. Hickey
Court has broad equitable power to freeze assets of nonparty where nonparty is dominated and controlled by defendant in securities action.
Securities Mar. 18, 2003
Norfolk & Western Railway Co. v. Ayers
Damages for mental anguish resulting from fear of developing cancer may be recovered under Federal Employers' Liability Act.
Labor Law Mar. 18, 2003
U.S. v. Elliott
Police officers did not intentionally or recklessly omit or make false statements in search warrant affidavit.
Criminal Law and Procedure Mar. 18, 2003
Freeman v. San Diego Association of Realtors
Real estate multiple listing service that charges fixed price to subscribers violates Sherman Act.
Antitrust Mar. 18, 2003
Stricka v. Casserino (In re Casserino)
In Oregon, Chapter 7 debtor is able to claim rent and deposit under homestead exemption.
Bankruptcy Mar. 18, 2003
Cook County v. United States
Local governments are 'persons' amenable to qui tam actions under False Claims Act.
Government Mar. 18, 2003
U.S. v. Nostratis
Defendant claiming he did not understand English may not withdraw his guilty plea.
Criminal Law and Procedure Mar. 18, 2003