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Rein v. Providian Financial Corp.
Debtor's later action against creditor isn't barred by res judicata when prior bankruptcy action not concluded to final judgment on merits.
Bankruptcy Jul. 25, 2001
Commercial Union Insurance Co. v. Sea Harvest Seafood Co.
Admiralty law governs overwhelmingly maritime insurance contract and policy does not cover damage resulting from human error.
Maritime Law Jul. 25, 2001
Bausman v. Interstate Brands Corporations
Terminated employee raises genuine issue concerning pretext in retaliatory discharge claim.
Civil Procedure Jul. 25, 2001
Medina v. Cram
Police officers sued over excessive force are entitled to qualified immunity if their actions were objectively reasonable.
Civil Rights Jul. 25, 2001
People v. Ansell
State law denying 'certificates of rehabilitation' to convicted child molesters enacted after crime was committed does not violate ex post facto principles.
Criminal Law and Procedure Jul. 25, 2001
Kent v. Martin
Government employer must show that employee's public statements caused actual disruption in workplace in order to justify termination.
Employment Law Jul. 25, 2001
US v. Browning
Police had probable cause to stop defendant and his incriminating statements to DEA agents weren't inadmissible as statements made during plea negotiations.
Criminal Law and Procedure Jul. 25, 2001
Denver D. Darling Inc. v. Controlled Environments Construction Inc.
Subcontractor entitled to payment for work despite allegedly failing to meet contract specifications.
Contracts Jul. 25, 2001
Kojima v. Grandote International ( In re Grandote Country Club Co.)
Among other things, where only asset at issue is real property within Colorado, state law and not Japanese law is properly applied.
Civil Procedure Jul. 25, 2001
Estate of Griswold
Natural father or issue may inherit intestate share from out-of-wedlock child if father admitted paternity and paid child support.
Probate and Trusts Jul. 25, 2001
People v. Cheek
At show cause hearing, defendant committed as sexually violent predator has right to present oral testimony, call witnesses and cross-examine State's witnesses.
Criminal Law and Procedure Jul. 25, 2001
Boulder Fruit Express & Heger Organic Farm Sales v. Transportation Factoring, Inc.
Factoring agreements do not per se breach Perishable Agricultural Commodities Act trust.
Contracts Jul. 25, 2001
Park v. INS
Amended opinion
Jul. 25, 2001
Kamalthas v. INS
Immigrant who is ineligible for political asylum may still seek relief based on allegations of torture in home country.
Immigration Jul. 25, 2001
United States v Steffen
Inducing another to cross state lines to fraudulently deliver money is travel fraud, even if money did not belong to person defrauded.
Criminal Law and Procedure Jul. 25, 2001
Moldo v. Matsco Inc. (In re Cybernetic Services Inc.)
Company with security interest in patent may assert interest in bankruptcy proceeding despite failing to record patent with federal office.
Intellectual Property Jul. 25, 2001
Doe & Assoc. Law Offices v. Napolitano
Federal district court lacks jurisdiction to review final state court decision where federal constitutional claims are 'inextricably intertwined' with state court's judgment.
Civil Procedure Jul. 25, 2001
U.S. v. Footracer
Order
Jul. 25, 2001
Tanaka v. University of Southern California
Collegiate soccer player's antitrust challenge to intercollegiate athletic association rule fails because of failure to identify relevant market.
Antitrust Jul. 25, 2001
Alvarado v. Hill
Oregon law requiring 17-year old to be tried as adult for robbery is constitutional.
Criminal Law and Procedure Jul. 25, 2001
Lyon v. Agusta S.P.A.
Court has jurisdiction in suit against foreign aircraft manufacturer, but claim is barred by General Aviation Revitalization Act of 1994.
Torts Jul. 25, 2001
People v. Denser
Order
Jul. 25, 2001
LeVine v. Weis
Jul. 25, 2001
In re Arredondo
Order
Jul. 25, 2001
Doe v. Otte
Alaska Sex Offender Registration Act violates Ex Post Facto Clause of U.S. Constitution.
Constitutional Law Jul. 24, 2001
Albertson v. Superior Court( People of State of California)
District Attorney's request to update evaluations for defendant's trial under Sexually Violent Predator Act is controlled by newly enacted amendments to Act.
Criminal Law and Procedure Jul. 24, 2001
Howard Jarvis Taxpayers Assoc. v. City of La Habra
City's continued collection of tax is ongoing violation, upon which limitations period begins to run anew with each collection.
Civil Procedure Jul. 24, 2001
Sherman Way Townhomes Inc. v. Superior Court (Twarowski)
Order
Jul. 24, 2001
Grassi v. Hood
Court errs in granting petition for early release when offense is not considered nonviolent and is therefore, categorically excluded from early release provision.
Criminal Law and Procedure Jul. 24, 2001
Brehm Communities v. Superior Court (In re Caldwell)
Jul. 24, 2001