| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
01-50192
|
U.S. v. Castro-Hernandez
Use of child as decoy while smuggling drugs justifies upward adjustment under federal sentencing guidelines. |
Criminal Law and Procedure |
|
Oct. 5, 2001 | |
|
00-50594
|
U.S. v. Lopez
Defendant isn't entitled to notice prior to sentencing that participation in mental health program would be condition of supervised release. |
Criminal Law and Procedure |
|
Oct. 5, 2001 | |
|
00-10507
|
U.S. v. Taylor
Defendant is not guilty of disorderly conduct where incident in question was not public. |
Criminal Law and Procedure |
|
Oct. 5, 2001 | |
|
99-15522
|
Breeden v. Clark County School District
Order |
|
Oct. 4, 2001 | ||
|
96-30333
|
U.S. v. Kyllo
Order |
|
Oct. 4, 2001 | ||
|
99-70835
|
Aguirre-Aguirre v. INS
Order |
|
Oct. 4, 2001 | ||
|
00-15295
|
Garvin v. Farmon
Violation of defendant's rights in primary interrogation will not suppress subsequent valid confession. |
Criminal Law and Procedure |
|
Oct. 4, 2001 | |
|
00-30222
|
U.S. v. Berry
Defendant's sentence was properly increased for being leader of enterprise to steal mail. |
Criminal Law and Procedure |
|
Oct. 4, 2001 | |
|
99-35936
|
Hensley v. Northwest Permanente P.C. Retirement Plan and Trust
In denying benefits, ERISA plan administrators didn't abuse discretion by applying W-2 definition of employee instead of federal common law definition. |
Employment Law |
|
Oct. 4, 2001 | |
|
00-16708
|
Mayweathers v. Newland
Prison may not discipline Muslim inmates for missing work to attend religious services. |
Prisoners Rights |
|
Oct. 4, 2001 | |
|
99-35818
|
Boeing Co. v. United States
IRS properly applied Treasury Regulation 1.861-8(e)93) to allocate company's research and development costs to its export sales. |
Taxation |
|
Oct. 4, 2001 | |
|
99-17202
|
Kieslich v. U.S. (In re Kieslich)
Because government failed to object before bankruptcy court to its retention of jurisdiction in debtor's suit, government waives that argument. |
Bankruptcy |
|
Oct. 4, 2001 | |
|
00-10457
|
U.S. v. Basalo
Court improperly departed downward eight levels from applicable sentencing guideline where no evidence existed that alleged government misconduct effected outcome of proceedings. |
Criminal Law and Procedure |
|
Oct. 4, 2001 | |
|
00-15101
|
Toscano v. Professional Golfers' Assoc.
No direct evidence supported plaintiff's allegations that Professional Golfers' Association violated Sherman Antitrust Act by conspiring to restrain trade. |
Antitrust |
|
Oct. 4, 2001 | |
|
99-56169
|
SEC v. Coldicutt
SEC violator is denied termination of nine-year injunction due to lack of showing that compliance caused hardship. |
Administrative Agencies |
|
Oct. 4, 2001 | |
|
99-56933
|
Pool Water Products v. Olin Corp.
Plaintiff fails to establish antitrust violation despite previous ruling against defendant by Federal Trade Commission. |
Administrative Agencies |
|
Oct. 4, 2001 | |
|
99-56622
|
Fireman's Fund Insurance Co. v. Stites
Person convicted of criminal RICO violations may also be held civilly liable for damages resulting from fraudulent enterprise. |
Torts |
|
Oct. 4, 2001 | |
|
99-55599
|
U.S. v. Northrop Corp.
Air Force Agreement is 'alternate remedy' under False Claims Act in private individual suit against corporation. |
Government |
|
Oct. 4, 2001 | |
|
00-10437
|
U.S. v. Laskie
Conviction for being felon in possession of firearm is vacated where underlying conviction was 'set aside' by 'honorable discharge.' |
Criminal Law and Procedure |
|
Oct. 4, 2001 | |
|
99-15935
|
Frye v. Hickman
In non-capital case, prisoner is not entitled to counsel on habeas petition, and equitable tolling is not required where attorney missed filing deadline. |
Criminal Law and Procedure |
|
Oct. 4, 2001 | |
|
99-56612
|
Soltani v. Western & Southern Life Insurance Company
Contracts that decrease statute of limitations to six months are not unconscionable and may be validly enforced. |
Employment Law |
|
Oct. 4, 2001 | |
|
99-35165
|
Culbertson v. Oakridge School District
After-school use of school's facilities created limited public forum which may not deny access based on religious viewpoint or content. |
Constitutional Law |
|
Oct. 4, 2001 | |
|
00-1195
|
Warfel v. City of Saratoga (In re Warfel)
Debtor's civil restitution judgment owed to city and imposed as condition of probation in criminal proceeding is nondischargeable. |
Bankruptcy |
|
Oct. 4, 2001 | |
|
S084105
|
Torres v. Parkhouse Tire Service Inc.
Order |
|
Oct. 3, 2001 | ||
|
A082319
|
Golden Gateway Center v. Golden Gateway Tenants Association
Tenants' association doesn't have free-speech right to leave leaflets in their apartment building. |
Constitutional Law |
|
Oct. 3, 2001 | |
|
D031296
|
Torres v. Parkhouse Tire Service Inc.
Exception to workers' compensation exclusivity requires injury caused by employee's willful, unprovoked act of aggression, but doesn't require specific intent to injure. |
Workers' Compensation |
|
Oct. 3, 2001 | |
|
B137707
|
Haynie v. Superior Court (County of Los Angeles)
Failure to compel release of documents and tape recordings made in connection with automobile stop by law enforcement is judicial error. |
Government |
|
Oct. 3, 2001 | |
|
99CA2022
|
People v.Smith
Trial court required to impose indeterminate sentence in case involving certain sex offenses. |
Criminal Law and Procedure |
|
Oct. 2, 2001 | |
|
99SC121
|
Stevens v. People
Admission of co-defendant's confession doesn't violate confrontation clause because it contains sufficient guarantees of trustworthiness. |
Constitutional Law |
|
Oct. 2, 2001 | |
|
99SC772
|
People v. Garcia
Provocation under second-degree murder statute is mitigating factor that prosecution must disprove, not separate lesser included offense. |
Criminal Law and Procedure |
|
Oct. 2, 2001 |