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Name Category Published
Bailon v. Superior Court (People)
Trial that started one day after stipulated final date for trial violated defendant's right to speedy trial.
Criminal Law and Procedure Aug. 7, 2002
People v. Vu
Failure to instruct jury that sexual battery is lesser included offense of penetration with foreign object is prejudicial.
Criminal Law and Procedure Aug. 7, 2002
Gafcon Inc. v. Ponsor & Associates
Insurer does not engage in practice of law due to employment relationship with attorneys defending insureds against third-party claims.
Insurance Aug. 7, 2002
U.S. v. Williams
Defendant's sentence for coercing minor to travel beyond state for prostitution was incorrectly calculated.
Criminal Law and Procedure Aug. 7, 2002
U.S. v. Corona-Sanchez
California state conviction for petty theft of cigarettes and beer does not constitute aggravated felony for sentencing enhancement purposes.
Immigration Aug. 7, 2002
Miller v. Gammie
Social service workers who placed sexually deviant foster child into unsuspecting home are entitled to absolute immunity.
Government Aug. 7, 2002
U.S. v. Kim
Defendant's statements made during execution of search warrant amounted to unlawful custodial interrogation..
Criminal Law and Procedure Aug. 7, 2002
Watts v. Farmers Insurance Exchange
Innocent policyholder may recover share of losses despite misconduct of other policyholder.
Insurance Aug. 7, 2002
Abrahim & Sons Enterprises v. Equilon Enterprises, LLC
Transfer of assets to LLC triggered duty to offer franchisees right of first refusal.
Corporations Aug. 7, 2002
Chodos v. West Publishing Co. Inc.
Publisher breached contract with author by declining to publish work for marketing reasons.
Contracts Aug. 7, 2002
Swain v. California Casualty Insurance Co.
Insurer had no duty to defend policyholder against suit for wrongful eviction under general liability policy.
Insurance Aug. 7, 2002
Gaines v. Stenseng
Dismissal of due process claim of Kansas state prisoner for 75 days in disciplinary segregation was improper without review of evidence of prison conditions.
Criminal Law and Procedure Aug. 7, 2002
Shuetz v. Banc One Mortgage Corp.
Yield spread premiums paid to mortgage broker are not violative of the Real Estate Settlement Procedures Act.
Real Property Aug. 7, 2002
Abreu-Reyes v. INS
Resident's conviction of aggravated felony is proper grounds for removal.
Immigration Aug. 7, 2002
Mogck v. Unum Life Insurance Co. of America
Because insurer did not utilize terms regarding time limits for legal actions in its correspondences with insured, insured's action is not time-barred.
Insurance Aug. 7, 2002
Singh v. INS
Board's reliance on asylum applicant's airport interview is not valid ground for adverse credibility determination because translator didn't speak his language.
Immigration Aug. 7, 2002
Vasquez v. City of San Diego
Police officer may sue city for personal injuries caused by railroad-crossing arm while on duty.
Torts Aug. 7, 2002
Thornton v. McClatchy Newspapers Inc.
Order
Aug. 7, 2002
Hernandez v. Hughes Missile Systems Co.
Company's policy not to rehire employees who resigned due to violations of personal conduct rules violates ADA, as applied to rehabilitated drug addicts.
Employment Law Aug. 7, 2002
Chandler v. The City of Arvada
City ordinance that prohibits nonresidents from circulating petitions is unconstitutional.
Constitutional Law Aug. 7, 2002
U.S. v. Alexander
Court properly applied sentence enhancement based on possession of weapon during drug conspiracy.
Criminal Law and Procedure Aug. 7, 2002
Barden v. City of Sacramento
Public sidewalks are service, program or activity of city within meaning of Americans with Disabilities Act and Rehabilitation Act.
Civil Rights Aug. 7, 2002
Samuel J., a Minor
Order
Aug. 7, 2002
U.S. v. Blajos
Government must prove Federal Deposit Insurance Corporation status of bank, not of money taken under 18 U.S.C. Section 2113.
Criminal Law and Procedure Aug. 7, 2002
Miranda v. Castro
Reliance on counsel's erroneous advice does not warrant equitable tolling of one-year statute of limitations on filing habeas corpus petition.
Criminal Law and Procedure Aug. 7, 2002
Stokes v. California Horse Racing Board
Aug. 7, 2002
Danville v. Regional Lab Corp.
Applicant offered sufficient evidence that decision not to interview her for job was pretext for age bias.
Employment Law Aug. 7, 2002
Burleson v. Saffle
Defendants' two convictions for violating state's drive-by shooting statute did not violate prohibition against double jeopardy.
Criminal Law and Procedure Aug. 7, 2002
Hall v. Scott
Court should have applied equitable tolling doctrine to prisoner's filing of petition for writ of habeas corpus.
Criminal Law and Procedure Aug. 7, 2002
State of Oklahoma v. United States
Disallowance of federal funds paid to state was proper because state spent monies awarded for insurance premiums for other purposes.
Government Aug. 7, 2002