This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.
Subscribe to the Daily Journal for access to Daily Appellate Reports, Verdicts, Judicial Profiles and more...

    Filter by date
     to 
    Search by Case Name
    Search by Judge
    Search by Case Number
    Search by DJ Citation Number
    Search by Category
    Search by Court

Name Category Published
Nicholas H., a Minor
Order
Apr. 3, 2002
Gisbrecht v. Barnhart
Order
Apr. 3, 2002
Devlin v. Scardelletti
Order
Apr. 3, 2002
Bell v. Cone
Order
Apr. 3, 2002
Harris v. United States
Order
Apr. 3, 2002
U.S. v. Gill
In determining drug quantity for sentencing purposes, court should have used preponderance-of-evidence standard.
Criminal Law and Procedure Apr. 3, 2002
U.S. v. Mills
Statement that defendant was 'probably an old hippie' who smoked marijuana from juror who was neighbor of defendant wasn't prejudicial.
Criminal Law and Procedure Apr. 3, 2002
Pizzuto v. Arave
Habeas petition of defendant convicted of first-degree murder lacks merit.
Criminal Law and Procedure Apr. 3, 2002
Kelly v. Arriba Soft Corp.
Although search engine's 'thumbnails' constitutes fair use, displays of larger images is unauthorized reproduction under Copyright Act.
Intellectual Property Apr. 3, 2002
Brody v. Transitional Hospitals Corp.
Plaintiffs failed to meet contemporaneous trading requirements necessary to have standing on insider trading claims.
Securities Apr. 3, 2002
U. S. v. Male Juvenile (Pierre Y.)
Federal district court had criminal jurisdiction over Native American juvenile adjudged juvenile delinquent for committing burglaries.
Criminal Law and Procedure Apr. 3, 2002
Moore v. Board of Control
Order
Apr. 3, 2002
Home Insurance Co. v. Zurich Insurance Co.
Attorney's misrepresentations to induce settlement were absolutely privileged and did not constitute extrinsic fraud.
Torts Apr. 3, 2002
People v. SpeeDee Oil Change Systems Inc.
Apr. 3, 2002
People v. Lawley
Death-row inmate's sentence was improper as to conspiracy count since sentence already imposed for murder.
Criminal Law and Procedure Apr. 3, 2002
San Lazaro Assn. Inc. v. Connell
Medi-Cal providers cannot maintain action to enforce state's compliance with Medicaid Act's single state agency requirement for administering and supervising Medicaid program.
Administrative Agencies Apr. 3, 2002
Thomas v. Barnhart
Substantial evidence supports Social Security Administration determination that applicant is not disabled and not entitled to benefits.
Administrative Agencies Apr. 3, 2002
Marks v. Superior Court (People)
In death penalty cases, although habeas corpus counsel may make suggestions, appellate counsel has ultimate control of record correction process.
Criminal Law and Procedure Apr. 3, 2002
U.S. v. Watkins
Misbranding liability under Food, Drug, and Cosmetic Act requires proof of materiality under theories of intent to defraud or mislead.
Criminal Law and Procedure Apr. 3, 2002
Harper v. United States Seafoods
Contract between seaman and company is invalid because the vessel's master did not sign contract as required by statute.
Maritime Law Apr. 3, 2002
Jazzabi v. Allstate Insurance Co.
Supplemental unanimity instruction given to confused jury resulted in cumulative error.
Civil Procedure Apr. 3, 2002
U.S. v. Martin
Leadership enhancement applied to money laundering and mail fraud does not qualify as 'impermissible double counting.'
Criminal Law and Procedure Apr. 3, 2002
Henley v. Philip Morris Inc.
Order
Apr. 3, 2002
McKown v. Wal-Mart Stores Inc.
Employee of independent contractor may bring action for tort of negligent provision of unsafe equipment against hirer of contractor.
Torts Apr. 3, 2002
Hooker v. Dept. of Transportation
No liability for hirer of independent contractor unless hirer's retained control 'affirmatively contributed' to the injury.
Torts Apr. 3, 2002
People v. SpeeDee Oil Change Systems Inc.
Apr. 3, 2002
Amelco Electric v. City of Thousand Oaks
Abandonment theory of liability does not apply against public entity on competitively bid contract.
Contracts Apr. 3, 2002
Hartwell Corp. v. Superior Court (Santamaria)
Damage claims against water utilities for violations of state and federal drinking water standards are not preempted.
Administrative Agencies Apr. 3, 2002
Robinson v. Solano County
Police officers are immune from federal claim they used excessive force in seizing at gunpoint unarmed man suspected of shooting dogs.
Criminal Law and Procedure Apr. 3, 2002
U.S. v. Khatami
'Corruptly persuades' language of statute encompasses non-coercive attempt to tamper with prospective witnesses.
Criminal Law and Procedure Apr. 3, 2002