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Name Category Published
Gobin v. Snohomish County
Congress did not expressly authorize county to regulate reservation fee lands owned by tribal members.
Constitutional Law Nov. 10, 2002
Culver v. Chiu (In re Chiu)
Debtor need not have interest in property at time debtor moves to avoid lien.
Bankruptcy Nov. 10, 2002
Muckle v. Superior Court (Burgess-Muckle)
Trial court cannot exercise jurisdiction over husband, resident in Georgia, for purposes of adjudicating rights in Georgia property and spousal support.
Family Law Nov. 10, 2002
Lott v. Mueller
Deadline to file habeas petition may be tolled during period in which prisoner lacked access to legal files.
Criminal Law and Procedure Nov. 10, 2002
U.S. v. Bell
Defendant who harassed and threatened IRS employees was properly convicted and sentenced for interstate stalking.
Criminal Law and Procedure Nov. 10, 2002
U.S. v. $80,180.00 in U.S. Currency
Civil Asset Forfeiture Reform Act's heightened burden of proof does not have retroactive effect to cases pending at time of its effective date.
Civil Procedure Nov. 10, 2002
People v. Rae
Trial court properly refused to give unanimity instruction where defendant is engaged in continuous wrongful conduct.
Criminal Law and Procedure Nov. 10, 2002
Interstellar Starship Services Limited v. Tchou
Court's decision to allow owner of infringing domain name to retain ownership interest in the name was proper.
Intellectual Property Nov. 10, 2002
Charter Communications Inc. v. County of Santa Cruz
County acted reasonably in withholding consent to change of ownership of cable franchise.
Government Nov. 10, 2002
US West Communications Inc. v. Jennings
FCC regulations, which took effect after interconnection agreements were arbitrated, apply on judicial review of agreements for compliance with Telecommunications Act of 1996.
Corporations Nov. 10, 2002
People v. Konow
Nov. 7, 2002
Doe v. City of Murrieta
Triable issues of fact exist as to whether police department knew or should have known officer was sexually exploiting teenagers.
Torts Nov. 7, 2002
Wooten v. Boone
Order
Nov. 7, 2002
Jarrow Formulas Inc. v. Nutrition Now Inc.
Laches bars manufacturer of nutritional supplements from suing its competitor for false advertising under Lanham Act.
Civil Procedure Nov. 7, 2002
Canatella v. State of California
Amended opinion
Nov. 7, 2002
Benson v. Terhune
Jail staffs administration of prescription medications requested by defendant did not violate due process.
Criminal Law and Procedure Nov. 7, 2002
Native Ecosystems Council v. Dombeck
Forest Service failed to consider cumulative impacts of timber sale sufficiently to satisfy National Environmental Policy Act.
Environmental Law Nov. 7, 2002
Opinion of Bill Lockyer
County can charge fee for copy of public record that exceeds statutory amount but fee cannot exceed reasonable cost to county.
Government Nov. 6, 2002
U.S. v. Cabaccang
Order
Nov. 6, 2002
Sally Beauty Co. Inc. v. Beautyco Inc.
Plaintiffs established genuine issue of material fact of likelihood of confusion between two hair care products.
Intellectual Property Nov. 6, 2002
Roska v. Peterson
Qualified immunity does not apply where social workers enter residence without warrant and without knocking in order to remove child.
Constitutional Law Nov. 6, 2002
U.S. v. Proffit
Court upholds sentence enhancement base on more than minimal planning, but not based on vulnerable victim status.
Criminal Law and Procedure Nov. 6, 2002
Jernigan v. Stuchell
Despite being told that grievance was lost, inmate failed to exhaust administrative remedies.
Prisoners Rights Nov. 6, 2002
U.S. v. Ramirez
Court denied defendant's motion requesting competency evaluation on improper grounds.
Criminal Law and Procedure Nov. 6, 2002
People v. Malfavon
Child abuse homicide is not lesser included offense within charge of murder.
Criminal Law and Procedure Nov. 6, 2002
People v. Armstead
Court's comments on testimony in response to jury's question improperly changed scope of evidence.
Criminal Law and Procedure Nov. 6, 2002
The Bank of America v. City and County of San Francisco
City ordinances prohibiting banks from charging ATM fees to nondepositors are pre-empted by federal banking laws.
Banking Nov. 5, 2002
U.S. v. Holloway
Defendant whose conviction for armed bank robbery is reversed cannot later be charged with violating Hobbs Act.
Criminal Law and Procedure Nov. 5, 2002
Sell v. United States
Order
Nov. 5, 2002
O'Lear v. Miller
Order
Nov. 4, 2002