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Name Category Published
People v. Mancebo
Order
Criminal Law and Procedure Dec. 6, 2001
Marriage of Hubner
Guideline child support calculation must be tethered to supporting parent's actual income, even when supporting parent has extraordinary high income.
Family Law Dec. 6, 2001
Flying Dutchman Park Inc. v. City and County of San Francisco
Dec. 6, 2001
People v. Reay
Order
Dec. 6, 2001
People v. Medina
Order
Criminal Law and Procedure Dec. 6, 2001
Waremart Inc. v. Progressive Campaigns Inc.
Order
Dec. 6, 2001
Aquilino v. University of Kansas
Removal from dissertation committee did not constitute adverse employment action after professor's tenure was already denied.
Employment Law Dec. 6, 2001
Sinyard v. Commissioner of Internal Revenue
Attorney fees received pursuant to settlement of class actions brought under Age Discrimination in Employment Act are taxable as income.
Taxation Dec. 6, 2001
Beal Bank v. Crystal Properties (In re Crystal Properties)
Default interest rates will not apply until debtor is affirmatively put on notice that option to accelerate will be exercised.
Bankruptcy Dec. 6, 2001
U.S. v. Michaud
Police didn't initiate questioning after defendant invoked her right to counsel, therefore suppression motion was properly denied.
Criminal Law and Procedure Dec. 6, 2001
U.S. v. Adelzo-Gonzalez
Court abused its discretion by failing to make adequate inquiry into defendant's requests to substitute counsel.
Criminal Law and Procedure Dec. 6, 2001
Edwardsen v. U.S. Dept. of Interior
Environmental impact statement drafted for proposed Alaskan oil project was reasonably documented.
Environmental Law Dec. 6, 2001
Kennedy v. Southern California Edison Co.
Court's refusal to give 'Rutherford' instruction is harmless error because no reasonable jury could've found 'fuel fleas' were substantial factor contributing to cancer.
Torts Dec. 6, 2001
Columbia Basin Apartment Assn. v. City of Pasco
District court should have abstained from case while state proceedings were pending and case involved unique issues of state constitutional law.
Civil Procedure Dec. 6, 2001
Southwest Center for Biological Diversity v. Berg
Intervention is proper for third-party beneficiary of San Diego Multi-Species Conservation Program.
Environmental Law Dec. 6, 2001
U.S. v. Severino
Sentence of drug offender may be enhanced based on prior drug felony convictions so long as prosecution files information with court.
Criminal Law and Procedure Dec. 6, 2001
DP Aviation v. Smiths Industries Aerospace and Defense Systems LTD
Aviation manufacturer is required to pay commissions for business initiated prior to termination of contract with sales agency.
Contracts Dec. 6, 2001
Ainsworth v. Woodford
Defendant, whose attorney failed to investigate and present mitigating evidence at penalty phase of trial, received ineffective assistance.
Criminal Law and Procedure Dec. 6, 2001
Faustin v. City and County of Denver
Although claim is moot, plaintiff still has standing to sue for damages and declaratory relief resulting from unlawful First Amendment prosecution.
Constitutional Law Dec. 6, 2001
U.S. v. Hannah
Court did not provide adequate explanation for three level upward departure in defendant's sentence.
Criminal Law and Procedure Dec. 6, 2001
Costa v. Desert Palace Inc.
Without substantial evidence of discriminatory animus by employer, court may not give mixed-motive instruction to jury in wrongful termination case.
Employment Law Dec. 6, 2001
People of the State of California v. Randtron
District court properly grants motion for declaratory judgment and injunction prohibiting defendant from asserting res judicata defense in state court.
Civil Procedure Dec. 6, 2001
Sierra Club v. Whitman
Discretionary finding by EPA under Clean Water Act may not be reviewed.
Administrative Agencies Dec. 6, 2001
Planned Parenthood of the Columbia/Willamette Inc. v. American Coalition of Life Activists
Order
Dec. 6, 2001
U.S. v. Olabanji
Court must consider sentencing guideline for underlying offense upon resentencing.
Criminal Law and Procedure Dec. 6, 2001
Humetrix Inc. v. Gemplus SCA
Manufacturer of data card breached oral contract with health care consultant.
Contracts Dec. 6, 2001
Indiana Lumbermens Mutual Insurance Co. v. West Oregon Wood Products Inc.
Exclusion in policy for pollution coverage relieved insurer from defending policyholder from nuisance lawsuit.
Insurance Dec. 6, 2001
Nadell v. Las Vegas Metropolitan Police Dept.
Court properly excluded certain expert testimony, but evidence did not support finding of municipal liability in police brutality action.
Civil Rights Dec. 6, 2001
Jackson v. City of Bremerton
Police did not use excessive force where family barbecue turned into melee of verbal and physical altercations with police.
Constitutional Law Dec. 6, 2001
Richardson v. Sunset Science Park Credit Union
Employee is entitled to statutory damages for unauthorized deduction made by former employer despite receiving overpayment of employment benefit.
Labor Law Dec. 6, 2001