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Name Category Published
U.S. v. Ruiz
'Fair and just' standard applies to any motion for plea withdrawal that is made prior to defendant's sentencing.
Criminal Law and Procedure Sep. 17, 2001
Brower v. Evans
Secretary of Commerce improperly relaxed standard for dolphin-safe labeling of tuna without consulting environmental studies.
Environmental Law Sep. 17, 2001
Aukland v. Massnari
Administrative law judge must consider testimony from vocational expert in determining whether disability applicant can engage in substantial gainful activity.
Administrative Agencies Sep. 17, 2001
U.S. v. Carrasco
Violation of speedy trial act did not occur when charge included in original indictment was reasserted in superseding indictment.
Criminal Law and Procedure Sep. 17, 2001
United States v. Trapp
Government did not breach plea agreement when it refused to recommend home detention after defendant was found ineligible.
Criminal Law and Procedure Sep. 17, 2001
Chebchoub v. INS
Deportable alien is denied asylum because he was not credible and provided no corroborating evidence.
Administrative Agencies Sep. 17, 2001
In re Roe
Court erred by releasing defendant convicted of first-degree murder on bail pending resolution of his habeas corpus petition.
Criminal Law and Procedure Sep. 17, 2001
Environmental Protection Information Center Inc. v. Pacific Lumber Co.
Winning party deemed aggrieved by favorable judgment and, therefore, has standing on appeal when court rendered opinion knowing cause was moot.
Civil Procedure Sep. 17, 2001
Woldemeskel v. INS
Asylum denied to Ethiopian citizen because she failed to demonstrate past persecution or well-founded fear of future persecution.
Immigration Sep. 17, 2001
Scheehle v. Justices of the Supreme Court of the State of Arizona
State has authority to enforce reasonable requirements upon attorneys as condition of state bar membership.
Attorneys Sep. 17, 2001
Estate of Amos v. City of Page
Police did not violate injured man's civil rights by failing to search for him after he wandered into desert.
Civil Rights Sep. 17, 2001
Ma v. Ashcroft
Alien detained for more than six months must be released because there is no reasonable likelihood that home country will accept him.
Immigration Sep. 17, 2001
U.S. v. Hill
Indictment charging defendant with being accessory after the fact is insufficient as matter of law because it fails to plead underlying offense.
Criminal Law and Procedure Sep. 17, 2001
U.S. v. King
Amended opinion
Sep. 17, 2001
Special Fund Division v. Tabor
State agency isn't precluded from arguing that industrial injury impairments to same leg constitute a scheduled disability that doesn't qualify for reimbursement.
Administrative Agencies Sep. 17, 2001
Haralson v. Fisher Surveying Inc.
Punitive damages claims survive death of dead tortfeasor and corporate defendant can be held vicariously liable for dead employee's tortious conduct.
Torts Sep. 17, 2001
Cusano v. Klein
Former guitarist for rock bank may sue for royalties despite bankruptcy filing.
Intellectual Property Sep. 16, 2001
Abraham v. Norcal Waste Systems Inc.
When there isn't a basis for complete pre-emption under ERISA, there is no federal question subject matter jurisdiction to support removal.
Civil Procedure Sep. 16, 2001
In re Marine Asbestos Cases
Plaintiffs exposed to asbestos who have not shown they will benefit from medical examination and show no abnormalities cannot recover.
Maritime Law Sep. 16, 2001
Bagley v. Byrd
Order
Sep. 16, 2001
Lombardo v. Huysentruyt
Nonsuit was improper in attorney malpractice action in which there exist triable issues of fact to determine negligence.
Attorneys Sep. 13, 2001
Fuller v. Dept. of Transportation
Order
Sep. 13, 2001
People v. Williams
Opinion
Criminal Law and Procedure Sep. 13, 2001
People v. Marcus A.
Court erred when it rendered its decision pursuant to Penal Code Section 777 because minor's probation violation was criminal offense.
Juveniles Sep. 12, 2001
In re Patricia T.
Denial of reunification services validly waived at dependency proceeding in which parent pleaded 'no contest.'
Family Law Sep. 12, 2001
People v. Superior Court (In re Maloy)
To avoid potential bias, peremptory challenge proper when judge reversed on appeal.
Judges Sep. 12, 2001
Napa Citizens for Honest Government v. Napa County Board of Supervisors
Sep. 12, 2001
People v. Seaton
Death sentence is affirmed because defendant's contentions on appeal lacked merit or no harm was suffered from error.
Criminal Law and Procedure Sep. 12, 2001
Conservatorship of Wendland
To withdraw life-sustaining treatment from conscious, but incompetent conservatee, conservator must show by clear and convincing evidence that conservatee wished to refuse treatment.
Probate and Trusts Sep. 12, 2001
Rental Equipment Inc. v. McDaniel Builders Inc.
Rental equipment company cannot enforce mechanic's lien when prior estimate was drastically lower than amount of lien.
Business Law Sep. 12, 2001