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Motorola Inc. v. Federal Express Corp.
Freight carrier may be liable for entire weight of cargo when damaged portion affected value of whole shipment.
Civil Procedure Jan. 15, 2003
Rubin v. City of Santa Monica
Santa Monica's refusal to allow city council candidate to designate himself as 'peace activist' on ballot does not violate free speech right.
Constitutional Law Jan. 15, 2003
Middle Mountain Land and Produce Inc. v. Sound Commodities Inc.
Perishable Agricultural Commodities Act supports contractual right to attorney fees and interest as part of trust claim.
Contracts Jan. 15, 2003
U.S. v. Parish
Defendant convicted of possessing child pornography may receive reduced sentence because offense was comparatively minor.
Criminal Law and Procedure Jan. 15, 2003
Cooper v. Calderon
Order
Jan. 15, 2003
Robb v. Bethel School District #403
Plaintiff seeking only money damages must exhaust administrative remedies of Individuals with Disabilities Education Act.
Education Jan. 15, 2003
In re: Bankruptcy Estate of MarkAir, Inc. (Barstow v. IRS)
In Chapter 11 bankruptcy proceeding, statutory tax lien does not include judicial lien securing underlying tax obligation.
Bankruptcy Jan. 15, 2003
Ison v. INS
Alien is permitted to make simultaneous filing of petition for immigrant visa and application for adjustment of status.
Immigration Jan. 15, 2003
Fields v. Woodford
Amended opinion
Jan. 15, 2003
Flatow v. Islamic Republic of Iran
Bank owned by Iranian government is not liable for default judgment entered against Iranian state.
Civil Procedure Jan. 15, 2003
Brown v. Li
Amended opinion
Jan. 15, 2003
Four Pillars Enterprises Co. v. Avery Dennison Corp.
Magistrate didn't abuse discretion by denying petitioner's discovery request on ground that protective order of Ohio federal court would be frustrated.
Civil Procedure Jan. 15, 2003
U. S. v. Sigmond-Ballesteros
Order
Jan. 15, 2003
U.S. v. Booth
Sentence must be vacated due to failure to provide defendant with adequate notice of upward departure.
Criminal Law and Procedure Jan. 15, 2003
U.S. v. Choy
Money given to private individual that would later enable bribe to public official is insufficient to support conviction.
Criminal Law and Procedure Jan. 15, 2003
California Dept. of Toxic Substances Control v. Commercial Realty Projects Inc.
Cities' motion to intervene in toxic cleanup settlement under CERCLA was untimely.
Civil Procedure Jan. 15, 2003
Local Joint Executive Board of Las Vegas, Culinary Workers Union Local 226 v. NLRB
National Labor Relations Board must articulate reasoned explanation for its decision excluding dues-checkoff from unilateral change doctrine.
Labor Law Jan. 15, 2003
U.S. v. Walters
Refusal to allow attorney to appear 'pro hac vice' during sentencing was harmless error despite constitutional violation.
Criminal Law and Procedure Jan. 15, 2003
Dyas v. Poole
Murder defendant's shackles, which were observed by jurors during trial, created high degree of prejudice.
Criminal Law and Procedure Jan. 15, 2003
U.S. v. Gonzalez-Torres
Alien who was under constant surveillance by border patrol agents is not guilty of illegal entry.
Immigration Jan. 15, 2003
Sain v. City of Bend
When underlying cause of action is federal, statute of limitations under federal rules apply.
Civil Procedure Jan. 15, 2003
U.S. v. Morales-Robles
District court's failure to advise defendant of his right to persist in his plea of not guilty didn't affect defendant's substantial rights.
Criminal Law and Procedure Jan. 15, 2003
U.S. v. Stanley
Restitution paid by co-defendants only reduced victim's loss, not other defendant's restitution ceiling.
Criminal Law and Procedure Jan. 15, 2003
Confant v. Walters
Government's investigation and subsequent revocation of medical license of physician who recommends the use of medical marijuana interferes with First Amendment.
Constitutional Law Jan. 15, 2003
Padilla v. Terhune
Although admission of custodial confession was hearsay, error was harmless and not violative of confrontation clause.
Criminal Law and Procedure Jan. 15, 2003
Falkowski v. Imation Corp.
Removal of action involving stock options was proper because claims are completely pre-empted by Securities Litigation Uniform Standards Act.
Securities Jan. 15, 2003
U.S. v. Garcia-Lopez
Prosecutor may waive right to assert that defendant waived right to litigate appeal.
Criminal Law and Procedure Jan. 15, 2003
U.S. v. McCormac
Trial court properly denied mistrial when defendant had outburst in front of prospective jurors.
Criminal Law and Procedure Jan. 15, 2003
In re Republic of Philippines
Philippine government is immune from suit regarding conflicting claims of assets of estate of Ferdinand Marcos.
Government Jan. 15, 2003
Forest Guardians v. Animal & Plant Health Inspection Service
Court did not err in concluding U.S. Forest Service may authorize performance of lethal predator control of mountain lions.
Environmental Law Jan. 15, 2003