| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
00-10534
|
U.S. v. Maria-Gonzalez
Alien properly received increased sentence for aggravated felony that occurred prior to enactment of sentencing law. |
Immigration |
|
Dec. 6, 2001 | |
|
00-15058
|
Dazo v. Globe Airport Security Services
Warsaw Convention pre-empts state law damage claims for stolen carry-on bag from airport security checkpoint. |
Torts |
|
Dec. 6, 2001 | |
|
00-30083
|
U.S. v. Summers
Fourth Amendment was not violated by voluntary police stop, jury instructions were not confusing, and Armed Career Criminal Act is facially constitutional. |
Criminal Law and Procedure |
|
Dec. 6, 2001 | |
|
00-35019
|
Spieker Properties LP v. SPEC Liquidating Trust (In re Southern Pacific Funding Corp.)
Bankruptcy reorganization plan requiring payment of 'double dividend' to senior creditors is lawful. |
Bankruptcy |
|
Dec. 6, 2001 | |
|
00-17330
|
United States v. Morros
District court improperly abstains from deciding whether Nevada State Engineer's denial of U.S. water permit applications is pre-empted by federal law. |
Civil Procedure |
|
Dec. 6, 2001 | |
|
00-50075
|
U.S. v. Chavez- Valenzuela
Fourth Amendment violation is found when driver's nervousness was not sufficient factor for reasonable suspicion to warrant officer's request of vehicle search. |
Criminal Law and Procedure |
|
Dec. 6, 2001 | |
|
00-15028
|
Foster v. Mahdesian
Amended opinion |
|
Dec. 6, 2001 | ||
|
00-55022
|
Bruton v. Massanari
Amended opinion |
|
Dec. 6, 2001 | ||
|
E029819
|
Mares v. Baughman
Hospital is not entitled to assert lien on settlement proceeds arising from wrongful death lawsuit. |
Civil Procedure |
|
Dec. 5, 2001 | |
|
95-56823
|
Hilao v. Estate of Ferdinand E. Marcos
Federal rules don't pre-empt California execution law for service requirements for notice of levying deposit accounts. |
Civil Procedure |
|
Dec. 5, 2001 | |
|
S097222
|
People v. Crossdale
Order |
|
Dec. 5, 2001 | ||
|
99-35552
|
Flowers v. Walter
Order |
|
Dec. 5, 2001 | ||
|
00-9523, 00-9532
|
Public Service Co. v. National Labor Relations Board
National Labor Relations Board used impermissible standard in determining that employees were not supervisors. |
Labor Law |
|
Dec. 4, 2001 | |
|
00-507
|
Chickasaw Nation v. United States
Tax exemption for state-controlled gambling does not apply to exempt gambling tax for Indian tribes. |
Native American Affairs |
|
Dec. 4, 2001 | |
|
00-860
|
Correctional Services Corp. v. Malesko
Injured federal inmate may not bring 'Bivens' suit against private corporation that operated correctional facility. |
Civil Rights |
|
Dec. 4, 2001 | |
|
00SC747
|
Medina v. State
State waives governmental immunity when it breaches duty to maintain road as initially constructed. |
Government |
|
Dec. 4, 2001 | |
|
01-8006
|
Stuart vs. Colorado Interstate Gas Co.
Wyoming resident performing work in Colorado is limited to workers' compensation remedy despite issuance of paychecks from Wyoming office. |
Civil Procedure |
|
Dec. 4, 2001 | |
|
00-3411
|
U.S. v. Adams
Trial court did not err by excluding expert testimony that merely vouched for credibility of another witness. |
Criminal Law and Procedure |
|
Dec. 4, 2001 | |
|
01-3209
|
US v. Sherwin
Patrol car door qualifies as dangerous weapon for purposes of applying sentencing guidelines of aggravated assault offense. |
Criminal Law and Procedure |
|
Dec. 4, 2001 | |
|
00-6449
|
White v. Massanari
Substantial evidence supported administrative law judge's denial of Social Security disability benefits. |
Administrative Agencies |
|
Dec. 4, 2001 | |
|
00-3365
|
U.S. v. Williams
Nervousness of driver and discrepancy of car rental papers justified search of automobile. |
Criminal Law and Procedure |
|
Dec. 4, 2001 | |
|
00-5168
|
Cooper v. Central & Southwest Services
Termination of employee while receiving temporary total disability is violation of Oklahoma's Workers' Compensation Act. |
Employment Law |
|
Dec. 4, 2001 | |
|
98-0153
|
Hill v. Peterson
When state tort claims do not sufficiently involve National Labor Relations Act, NLRB jurisdiction does not preempt. |
Administrative Agencies |
|
Dec. 4, 2001 | |
|
01-0026
|
Hohokam Irrigation and Drainage District v. Arizona Public Service Co.
Court errs by declaring that irrigation district and intervenor districts can furnish electricity to customers outside their district boundaries. |
Government |
|
Dec. 4, 2001 | |
|
01-0237
|
Arpaio v. Steinle (Stewart)
Sheriff is responsible for transporting inmates from Department of Corrections to court. |
Administrative Agencies |
|
Dec. 4, 2001 | |
|
69851-1
|
State v. Fire
Defendant was not prejudiced when required to use peremptory challenge to excuse juror who should have been dismissed for cause. |
Criminal Law and Procedure |
|
Dec. 4, 2001 | |
|
70300-1
|
Pickett v. Holland America Line
Settlement of class action challenging fees charged to cruise customers is fair. |
Business Law |
|
Dec. 4, 2001 | |
|
D035536
|
Nafsu v. Hurd
Litigation privilege does not bar action where plaintiff learns of misrepresented policy limits during discovery for another case. |
Insurance |
|
Dec. 4, 2001 | |
|
S099120
|
In re Walter S., a Minor
Order |
|
Dec. 4, 2001 | ||
|
S099339
|
Bonanno v. Central Contra Costa Transit Authority
Order |
|
Dec. 4, 2001 |