| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
01-55378
|
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 | |
|
01-35509
|
Bui v. AT&T
Employee's malpractice claim for allegedly negligent medical advice is not preempted by ERISA. |
Employment Law |
|
Jan. 15, 2003 | |
|
02-55367
|
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 | |
|
00-10542
|
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 | |
|
00-56159
|
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 | |
|
00-56988
|
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 | |
|
02-55079
|
Gonzalez v. Gutierrez
Parent without custody cannot seek return of children from foreign country under Hague Convention. |
Government |
|
Jan. 15, 2003 | |
|
01-71568
|
Espejo v. INS
Alien who fraudulently obtained exchange visa is still subject to visa's foreign residency requirement. |
Immigration |
|
Jan. 15, 2003 | |
|
02-50114
|
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 | |
|
01-30360
|
U.S. v. Hackett
Restitution for property damage caused by fire resulting from drug laboratory is mandatory. |
Criminal Law and Procedure |
|
Jan. 15, 2003 | |
|
01-50324
|
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 | |
|
01-10147
|
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 | |
|
01-71423
|
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 | |
|
01-15387
|
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 | |
|
00-50749
|
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 | |
|
00-17468
|
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 | |
|
98-99002
|
Summerlin v. Stewart
Order |
|
Jan. 15, 2003 | ||
|
01-56090
|
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 | |
|
S097882
|
People v. Harrah
Order |
|
Jan. 15, 2003 | ||
|
S111625
|
Perfit v. Perfit
Order |
|
Jan. 15, 2003 | ||
|
H024037
|
Erik P., a Minor
|
|
Jan. 15, 2003 | ||
|
02-1314
|
Sallie Mae Servicing v. Williams (In re Williams)
Court properly denied motion to discharge student loan due to untimely filing. |
Bankruptcy |
|
Jan. 14, 2003 | |
|
02-1223
|
Garske v. Arcadia Financial Ltd. ( In re Garske)
Secured creditor may seek to collect payments by telephone from debtor who intends to retain property after debt is discharged in bankruptcy. |
Bankruptcy |
|
Jan. 14, 2003 | |
|
99-15541
|
Saffold v. Carey
Amended opinion |
|
Jan. 14, 2003 | ||
|
01-56339
|
Cunningham v. Gates
Amended opinion |
|
Jan. 14, 2003 | ||
|
B154786
|
People v. Augborne
|
|
Jan. 14, 2003 | ||
|
00-10143
|
U.S. v. Elder
Defense counsel handcuffed and removed from court for contemptuous behavior did not violate defendant's due process rights. |
Attorneys |
|
Jan. 14, 2003 | |
|
S108717
|
People v. Sizemore
Order |
|
Jan. 14, 2003 | ||
|
B150017
|
Friedman v. Southern California Permanente Medical Group
|
|
Jan. 14, 2003 | ||
|
01-35892
|
North Slope Borough v. Barstow (In re MarkAir Inc.)
Holders of tax liens are entitled to share of proceeds from sale of real property owned by bankruptcy debtor. |
Bankruptcy |
|
Jan. 14, 2003 |
