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Name Category Published
Baldwin v. Trailer Inns Inc.
Court correctly grants summary judgment for employer on employees' overtime claim under federal act, but summary judgment improper on contract breach claim.
Employment Law Nov. 19, 2001
Crawford v. Commissioner of Internal Revenue
No separation of powers violation where special trial judges appointed by Tax Court review constitutionally based tax claims.
Taxation Nov. 19, 2001
Kennedy v. Southern California Edison Co.
Order
Nov. 19, 2001
Van Buskirk v. Baldwin
Convicted defendant failed to offer enough evidence of innocence to entitle him to hearing for post-conviction relief.
Criminal Law and Procedure Nov. 19, 2001
Gallo-Alvarez v. Ashcroft
INS may reinstate a deportation order after alien was granted voluntary departure in lieu of deportation.
Immigration Nov. 19, 2001
Hart v. Massanari
Ninth Circuit rule barring citation of unpublished dispositions is not unconstitutional.
Civil Procedure Nov. 19, 2001
U.S. v. Tighe
Juvenile adjudication may not be calculated as predicate offense under Armed Career Criminal Act.
Criminal Law and Procedure Nov. 19, 2001
U.S. v. Gilbert
Tax statute is violated by failure to account for or pay over withholding tax.
Taxation Nov. 19, 2001
Regula v. Delta Family-Care Disability Survivorship Plan
Court should've determined whether ERISA plan had conflict of interest before applying deferential standard of review to plan's decision to discontinue benefits.
Employment Law Nov. 19, 2001
Stidham v. Peace Officer Standards and Training
Police officials may have violated officer's constitutional rights by providing allegations to potential employers without conducting hearings.
Constitutional Law Nov. 19, 2001
U.S. v. Rockwell International Corp.
False Claim Act qui tam relator was 'original source' with standing, and the Act's qui tam provisions are constitutional.
Government Nov. 19, 2001
Federal Deposit Insurance Corp. v. County of Orange (In re County of Orange)
As receiver, Federal Deposit Insurance Corporation is liable to county for pre-receivership real property tax delinquent penalties.
Bankruptcy Nov. 18, 2001
Liberty Tools Manufacturing v. Vortex Fishing Systems Inc. (In re Vortex Fishing Systems Inc.)
Objective test should be employed when determining if dispute is bona fide for purposes of filing involuntary bankruptcy.
Bankruptcy Nov. 18, 2001
Konop v. Hawaiian Airlines Inc.
Order
Nov. 18, 2001
U.S. v. Nguyen
Due process violation of defendant's Sixth Amendment right to counsel is found when his requests for new counsel was repeatedly denied.
Criminal Law and Procedure Nov. 18, 2001
U.S. v. Pinela-Hernandez
Police had probable cause to search automobile without warrant, and there was no sentencing error.
Criminal Law and Procedure Nov. 18, 2001
Rivera v. Railroad Retirement Board
Court doesn't have jurisdiction to review Railroad Retirement Board's dismissal of claim for benefits because dismissal wasn't final decision of the board.
Civil Procedure Nov. 18, 2001
Shackleford v. United States
Non-assignability of lottery winnings justified court's departure from annuity tables that produced unreasonable and unrealistic estate tax liability.
Taxation Nov. 18, 2001
Ahmed v. State
Federal court lacked jurisdiction to hear First Amendment claim after it was considered and rejected by state appeals board.
Civil Procedure Nov. 18, 2001
Bunney v. Mitchell
Because statute of limitations was tolled for 134 days, filing of habeas petition 133 days after statute would ordinarily run was timely.
Criminal Law and Procedure Nov. 18, 2001
U.S. v. Rodriguez
Judge may not impose sentence that exceeds statutory maximum for crime defendant was convicted of by jury.
Criminal Law and Procedure Nov. 18, 2001
Cuenllas v. VRL International Ltd.
Minute order without title 'notice of entry' does not trigger 60-day time period for filing notice of appeal.
Civil Procedure Nov. 18, 2001
Michael P. v. Superior Court (Orange County Sheriff's Dept.)
Juvenile court should have conducted in camera review before denying murder suspect's request to review forensic evidence.
Criminal Law and Procedure Nov. 18, 2001
American Humane Assn. v. Los Angeles Times Communications
Defendant is not required to submit proof of attorney fees at same time it files motion to strike.
Civil Procedure Nov. 18, 2001
Vincent S., a Minor
Despite procedural error, order terminating mother's rights was harmless since father's rights were terminated in later order.
Family Law Nov. 18, 2001
Simmons v. Allstate Insurance Co.
Cross-complaint filed by health care providers accused of insurance fraud violated anti-SLAPP law.
Civil Procedure Nov. 18, 2001
Consumer Cause Inc. v. Weider Nutrition Int'l Inc.
Nov. 18, 2001
Save Mile Square Park Committee v. County of Orange
County's decision to replace 'core area' of park with golf course doesn't violate statute prohibiting acquiring park for non-park purposes.
Real Property Nov. 18, 2001
Reed v. Superior Court (Case Financial Inc.)
Nov. 18, 2001
Katelaris v. County of Orange
Employee declarations about timely mailing of claim rejection satisfies judgment barring suit on statute of limitations grounds.
Civil Procedure Nov. 18, 2001