| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
00-55051
|
Papa v. United States
Statute of limitations period for minor children's 'Bivens' claims is tolled until they reach age of majority or file suit. |
Immigration |
|
Apr. 24, 2002 | |
|
99-35393
|
Butler v. Elle
Because of material failures and omissions in investigator's affidavit, warrant is issued without probable cause. |
Criminal Law and Procedure |
|
Apr. 24, 2002 | |
|
01-2172
|
Florez v. Williams
Denial of ineffective assistance of counsel claims arising from failure to request instructions is contrary to federal law. |
Criminal Law and Procedure |
|
Apr. 24, 2002 | |
|
99-56361
|
Chia v. Cambra
Because statements to police were reliable and crucial to defense, it was error for trial court to exclude them. |
Criminal Law and Procedure |
|
Apr. 24, 2002 | |
|
01-30032
|
U.S. v. Cummings
International Parental Kidnapping Crime Act is valid exercise of Congress' Commerce Clause powers. |
Criminal Law and Procedure |
|
Apr. 24, 2002 | |
|
01-4085
|
Allen v. Geneva Steel Co. (Geneva Steel Co.)
Claim alleging fraud in retention of security is not a general unsecured claim. |
Bankruptcy |
|
Apr. 24, 2002 | |
|
00-16012
|
Villiarimo v. Aloha Island Air Inc.
Airline has no civil liability for terminating employees who damaged airplane. |
Employment Law |
|
Apr. 24, 2002 | |
|
99-71306
|
Salazar-Paucar v. INS
Asylum petition is granted where INS failed to rebut presumption of well-founded fear of persecution by Peruvian guerrillas. |
Immigration |
|
Apr. 24, 2002 | |
|
00-17239
|
Bachler v. United States
Transfer of property that skips generation is exempt from estate tax. |
Taxation |
|
Apr. 24, 2002 | |
|
99-35922
|
Lewis v. Barnhart
Although commissioner's position was incorrect, it was substantially justified and there is no abuse of discretion in denying attorneys fees. |
Administrative Agencies |
|
Apr. 24, 2002 | |
|
00-1519
|
Hagerman v. United Transportation Union
Because Surface Transportation Board has authority over railroad mergers, district court lacks jurisdiction over railroad employees' contract claims relating to merger. |
Administrative Agencies |
|
Apr. 24, 2002 | |
|
00-1167
|
Tahoe-Sierra Preservation v. Tahoe Regional Planning
Order |
|
Apr. 24, 2002 | ||
|
00-55406
|
Paulson v. City of San Diego
Order |
|
Apr. 24, 2002 | ||
|
99-16194
|
Yu v. Albany Insurance Co.
Failure to comply with unambiguous Captain Warranty provision, despite lack of evidence of causal connection between breach and loss, precludes insurance coverage. |
Maritime Law |
|
Apr. 24, 2002 | |
|
99-15641
|
Tahoe-Sierra Preservation Council Inc. v. ECR Tahoe Regional Planning Agency
Temporary development moratorium does not deprive landowners of all value or use of property and does not effect a taking. |
Real Property |
|
Apr. 24, 2002 | |
|
01-505
|
Opinion of Bill Lockyer
County board of education may not meet in closed session to discuss employment related issues concerning superintendent's employees. |
Government |
|
Apr. 24, 2002 | |
|
01-1005
|
Opinion of Bill Lockyer
Full-time, salaried Federal law enforcement officers are exempt from state law prohibition against carrying concealed, loaded firearms while off-duty. |
Government |
|
Apr. 24, 2002 | |
|
01-902
|
Opinion of Lockyer
City council may continue benefits for departing members who participate on self-pay basis. |
Government |
|
Apr. 24, 2002 | |
|
00-56450
|
Community Dental Services v. Tani
Amended opinion |
|
Apr. 24, 2002 | ||
|
S104774
|
Mitchell v. Brinkman
Order |
|
Apr. 24, 2002 | ||
|
01-3168
|
Bui v. IBP, Inc.
Order |
|
Apr. 23, 2002 | ||
|
01-1346
|
In re Cooper
Order |
|
Apr. 23, 2002 | ||
|
01-1224
|
In re Kimboko
Order |
|
Apr. 23, 2002 | ||
|
00-1429
|
US v. Francis
Order |
|
Apr. 23, 2002 | ||
|
00-3389
|
Minner v. Dayton Hudson Corporation
Order |
|
Apr. 23, 2002 | ||
|
01-1148
|
US v. Alfaro
Order |
|
Apr. 23, 2002 | ||
|
01-55315
|
Matus-Leva v. U.S.
Writ of error coram nobis is unavailable to defendant who is in custody and more usual remedy of habeas petition is available. |
Criminal Law and Procedure |
|
Apr. 22, 2002 | |
|
00-795
|
Ashcroft v. Free Speech Coalition
Statute that prohibits 'virtual child pornography' is unconstitutional. |
Constitutional Law |
|
Apr. 22, 2002 | |
|
01-15449
|
Transmission Agency of Northern California v. Sierra Pacific Power Co.
Ninth Circuit no longer had jurisdiction over federal claims and state claims were pre-empted by federal law. |
Civil Procedure |
|
Apr. 22, 2002 | |
|
00-55504
|
Newman v. Sathyavaglswaran
Parents whose deceased children's corneas were removed without permission may pursue civil rights claim. |
Civil Rights |
|
Apr. 22, 2002 |