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Name Category Published
San Francisco BayKeeper Inc. v. Tosco Corp.
Citizen's lawsuit under Clean Water Act may proceed if it has reasonably specific notice of alleged violations. 		Civil Procedure Jan. 15, 2003
Biodiversity Legal Foundation v. Badgley
Fish and Wildlife Service must provide informational findings in response to petition filed under Endangered Species Act within 12 months of filing. 		Environmental Law Jan. 15, 2003
League of Wilderness Defenders/Blue Mountain Biodiversity Project v. Forsgren
U.S. Forest Service is required to obtain National Pollution Discharge Elimination System permit before commencing aerial insecticide spraying. 		Environmental Law Jan. 15, 2003
Miguel v. Country Funding Corp. (Dubin)
Subject matter jurisdiction does not exist where homeowner failed to notify bank of cancellation within three-year period. 		Banking Jan. 15, 2003
Holgerson v. Knowles
California court's decision to count defendant's out-of-state convictions as strikes didn't deny defendant due process. 		Criminal Law and Procedure Jan. 15, 2003
Summerlin v. Stewart
Order 		Jan. 15, 2003
Miller v. Gammie
Order 		Jan. 15, 2003
Thomas v. Nakatani
Denial of state's motion to dismiss on Eleventh Amendment immunity grounds is appealable under collateral order doctrine. 		Civil Procedure Jan. 15, 2003
Eskanos & Adler PC v. Leetien
Collection agency was properly sanctioned for refusing to discontinue collection action in state court after debtor filed for bankruptcy. 		Bankruptcy Jan. 15, 2003
Flowers v. Carville
Plaintiff's defamation and false light claims are timely and complaint is sufficient to survive motion to dismiss. 		Torts Jan. 15, 2003
Lawson v. City of Santa Barbara
Capable-of-repetition doctrine does not apply to case where plaintiff has sufficient time to litigate dispute and exhaust appeals process. 		Civil Procedure Jan. 15, 2003
Patel v. City of San Bernardino
Plaintiffs who had tax declared invalid in state court are barred from seeking damages in federal court. 		Taxation Jan. 15, 2003
Avery Dennison Corp. v. Allendale Mutual Insurance Co.
Insurance policy did not cover intangible property such as insured's trade secrets. 		Insurance Jan. 15, 2003
Bui v. AT&T
Employee's malpractice claim for allegedly negligent medical advice is not preempted by ERISA. 		Employment Law Jan. 15, 2003
Coaltion of Clergy, Lawyers and Professors v. Bush
Coalition of clergy and professors lacks standing to seek release of detainees from Afghanistan. 		Civil Procedure Jan. 15, 2003
U.S. v. Gonzalez-Tamariz
Offense classified as misdemeanor under state law may be considered aggravated felony for federal sentencing purposes. 		Criminal Law and Procedure Jan. 15, 2003
Thrifty Oil Co. v. Bank of America National Trust and Savings Assn.
Termination damages under interest rate swap agreement may be collected from debtor who filed for bankruptcy. 		Bankruptcy Jan. 15, 2003
Jebian v. Hewlett-Packard Co. Employee Benefits Organization Income Protection Plan
Where benefits plan administrator fails to timely decide employee's appeal, 'deemed denial,' judicial review is de novo. 		Employment Law Jan. 15, 2003
Gonzalez v. Gutierrez
Parent without custody cannot seek return of children from foreign country under Hague Convention. 		Government Jan. 15, 2003
Espejo v. INS
Alien who fraudulently obtained exchange visa is still subject to visa's foreign residency requirement. 		Immigration Jan. 15, 2003
U.S. v. Ortega-Brito
Failure to provide written notice of conditions of supervised release does not automatically invalidate revocation of release based on violation of conditions. 		Criminal Law and Procedure Jan. 15, 2003
U.S. v. Hackett
Restitution for property damage caused by fire resulting from drug laboratory is mandatory. 		Criminal Law and Procedure Jan. 15, 2003
U.S. v. Ochoa
Factual finding in presentence report that defendant distributed additional amounts of cocaine was properly used to calculate sentence. 		Criminal Law and Procedure Jan. 15, 2003
U.S. v. Seschillie
Excluding expert from courtroom during trial is harmless error where expert had ample opportunity to familiarize self with case. 		Criminal Law and Procedure Jan. 15, 2003
Cano-Merida v. INS
Asylum petitioner was denied due process by Immigration Judge's failure to give him a meaningful opportunity to present his case. 		Immigration Jan. 15, 2003
Soliman v. Philip Morris Inc.
Action against tobacco industry alleging addictive qualities of nicotine were fraudulently concealed is barred by limitations period. 		Civil Procedure Jan. 15, 2003
U.S. v. Sierra-Velasquez
Defendants who detained smuggled aliens until fee was paid are guilty of hostage taking. 		Criminal Law and Procedure Jan. 15, 2003
Cort v. St. Paul Fire and Marine Insurance Companies
No duty to defend insured exists in action arising from insured's painting over mural because action wasn't within personal or advertising injury coverage of policy. 		Insurance Jan. 15, 2003
Summerlin v. Stewart
Order 		Jan. 15, 2003
Alford v. DCH Foundation Group Long Term Disability Plan
Court properly applied 'abuse of discretion' standard when reviewing denial of ERISA benefits. 		Employment Law Jan. 15, 2003
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