| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
F034098
|
Lauren H., a Minor
Because jury rendered a 'compromise verdict,' trial court's decision to order complete new trial is proper. |
Civil Procedure |
|
Apr. 5, 2002 | |
|
C034390
|
McPhearson v. The Michaels Co.
Court abused discretion by disqualifying attorney based on perceived conflict of interest. |
Attorneys |
|
Apr. 5, 2002 | |
|
D036202
|
Snapp & Associates Insurance Services, Inc. v. Robertson
Statute of limitations for misappropriation action is not tolled under fraudulent concealment theory. |
Civil Procedure |
|
Apr. 5, 2002 | |
|
A094408
|
Schmier v. Supreme Court of California
Plaintiff who sued to compel publication of all state appellate opinions is not entitled to attorney fees. |
Civil Procedure |
|
Apr. 5, 2002 | |
|
A091586
|
People v. Kozlowski
PIN code is property for purposes of kidnapping for extortion conviction. |
Criminal Law and Procedure |
|
Apr. 5, 2002 | |
|
00-16008
|
United States v. Byrne
In quiet title action, patent date controls determination of river boundary's position. |
Real Property |
|
Apr. 5, 2002 | |
|
00-70998
|
Catalano v. IRS
Order granting relief from automatic stay does not constitute 'de facto' abandonment of property under bankruptcy law. |
Bankruptcy |
|
Apr. 5, 2002 | |
|
01-35177
|
Do v. Ocean Peace Inc.
Workers performing 'first processing' on fishing trawlers are exempt employees under Fair Labor Standards Act. |
Employment Law |
|
Apr. 5, 2002 | |
|
00-50171
|
U.S. v. Molina-Tarazon
Removal of fuel tank at border checkpoint is not routine search for which no suspicion is required. |
Criminal Law and Procedure |
|
Apr. 5, 2002 | |
|
00-30023
|
U.S. v. Hill
Accessory indictment that fails to specify principal's crime is not legally sufficient. |
Criminal Law and Procedure |
|
Apr. 5, 2002 | |
|
00-35303
|
Lavine v. Blaine School District
Order |
|
Apr. 5, 2002 | ||
|
00-16943
|
Brown v. Roe
Dismissal of petition for writ of habeas corpus as untimely is improper. |
Criminal Law and Procedure |
|
Apr. 5, 2002 | |
|
00-70753
|
Sklar v. Commissioner of Internal Revenue
Taxpayers are not allowed deductions for payments for children's religious education. |
Taxation |
|
Apr. 5, 2002 | |
|
00-15361
|
Circle K Corp. v. Houlihan
Amended opinion |
|
Apr. 5, 2002 | ||
|
00-16114
|
Amantea-Cabrera v. Potter
Employee was not entitled to have EEOC letter concluding employer was liable for discrimination admitted at trial. |
Civil Procedure |
|
Apr. 5, 2002 | |
|
00-35233
|
Laurino v. Syringa General Hospital
Excusable neglect is found where party did not succeed in retaining new counsel until after default judgment rendered. |
Civil Procedure |
|
Apr. 5, 2002 | |
|
00-70862
|
U.S. Dept. of the Interior v. Federal Labor Relations Authority
Government doesn't have to negotiate Sunday premium pay for employees because it wasn't negotiated prior to enactment of Civil Service Reform Act. |
Labor Law |
|
Apr. 5, 2002 | |
|
99-70805
|
Estate of Trompeter v. Commissioner of Internal Revenue
Tax Court decisions are vacated for lack of sufficiently articulated basis and rationale for rulings. |
Taxation |
|
Apr. 5, 2002 | |
|
E028602
|
Scottsdale Insurance Co. v. National Union Fire Insurance Co. of Pittsburgh
Insurer with uniquely-worded 'other insurance' provision is relieved of duty to defend policyholder. |
Insurance |
|
Apr. 5, 2002 | |
|
C037999
|
People v. Smith
Police were authorized to search purse of woman residing in same room as probationer suspected of drug offense. |
Criminal Law and Procedure |
|
Apr. 5, 2002 | |
|
00-55117
|
Wilkins v. United States
Feres doctrine does not bar claims for nonmonetary relief. |
Constitutional Law |
|
Apr. 5, 2002 | |
|
00-56404
|
Gardner v. Nike Inc.
Exclusive licenses are only assignable with the consent of licensor. |
Intellectual Property |
|
Apr. 5, 2002 | |
|
00-35922
|
Christensen v. Georgia-Pacific Corp.
Longshoreman injured while retying ship to dock may bring negligence claims against ships and dock owner. |
Torts |
|
Apr. 5, 2002 | |
|
01-16105
|
Schmier v. U.S. Court of Appeals for the Ninth Circuit
Attorney lacks standing to allege that Circuit Rules prohibiting citation to unpublished opinions violate his constitutional rights. |
Civil Procedure |
|
Apr. 5, 2002 | |
|
99-99009
|
Wai Silva v. Woodford
Death row inmate was improperly denied evidentiary hearing to determine existence of alleged 'Brady' violation. |
Criminal Law and Procedure |
|
Apr. 5, 2002 | |
|
00-35553
|
Perez-Arellano v. Smith
Denial of plaintiff's petition for attorney fees under the Equal Access to Justice Act is proper because plaintiff is not 'prevailing party.' |
Civil Procedure |
|
Apr. 5, 2002 | |
|
00-55009
|
Playboy Enterprises Inc. v. Welles
Former Playmate of the Year did not infringe Playboy's trademark on her Website. |
Intellectual Property |
|
Apr. 5, 2002 | |
|
98-15992
|
Circuit City Stores Inc. v. Adams
Dispute Resolution Agreement required as part of employment application is unconscionable and unenforceable against FEHA claims. |
Civil Procedure |
|
Apr. 5, 2002 | |
|
01-50328
|
U.S. v. Hardy
In determining defendant's sentence, district court should have used wholesale value of stolen goods in calculating victim's loss. |
Criminal Law and Procedure |
|
Apr. 5, 2002 | |
|
00-55524
|
Bernhardt v. County of Los Angeles
Court improperly dismissed plaintiff's 42 U.S.C. Section 1988 action for lack of standing. |
Civil Procedure |
|
Apr. 5, 2002 |