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Name Category Published
Garvey v. Roberts
Order
Sep. 9, 2001
Utah Association of Counties v. Clinton
Intervenors who demonstrate motion was timely, an interest relating to the property, and that their interest may be impaired, should be allowed to intervene.
Civil Procedure Sep. 9, 2001
U.S. v. Holder
Evidence supports jury's finding that defendant killed landowner while owner was assisting federal employee who was engaged in performing official duties.
Criminal Law and Procedure Sep. 9, 2001
Forrester v. American Dieselelectric Inc.
Federal railroad act pre-empts state's products liability claim despite act's absence of definition of 'locomotive crane'.
Constitutional Law Sep. 9, 2001
U.S. v. Sullivan
Amended sentencing guidelines do not violate ex post facto clause.
Criminal Law and Procedure Sep. 9, 2001
U.S. v. Prentiss
Court must determine if indictment which omitted Indian status of victim and defendant was harmless error.
Native American Affairs Sep. 9, 2001
National Environmental Service v. Ronan Engineering Company
Court properly instructed jury to consider parties' objective intent in determining whether valid contract was formed.
Contracts Sep. 9, 2001
Nichols v. Azteca Restaurant Enterprises Inc.
Male employee who is repeatedly taunted by co-workers for effeminate behavior has suffered sexual harassment.
Employment Law Sep. 9, 2001
Watts v. County of Sacramento
Summary judgment in favor of government was improper where officers searched third-party home for suspect based on anonymous tip.
Civil Rights Sep. 9, 2001
Table Bluff Reservation v. Philip Morris Inc.
Settlement agreement between Philip Morris and Indian tribes does not violate tribe's sovereignty or equal protection.
Native American Affairs Sep. 9, 2001
Sipma v. Massachusetts Casualty Insurance Co.
ERISA pre-empts shareholder employee's state law claims of breach of contract against disability insurer.
Insurance Sep. 9, 2001
Eck v. Parke, Davis & Co.
Drug manufacturer is not liable for injury from prescription medicine when doctor was aware of risks.
Torts Sep. 9, 2001
U.S. v. Walter
Court should have granted evidentiary hearing regarding defendant's history of childhood abuse, as abuse may warrant downward departure in sentencing.
Criminal Law and Procedure Sep. 9, 2001
People v. Truong
Sentence enhancement for person convicted of inflicting great bodily injury on any person under circumstances involving domestic violence is not unconstitutional.
Criminal Law and Procedure Sep. 9, 2001
U.S. v. Johnson
Discovery by police of marijuana growing in mushroom shed was not admissible because officers did not have probable cause to enter property.
Criminal Law and Procedure Sep. 9, 2001
Custer County Action Asso. v. Garvey
Changes to National Airspace System design do not violate federal statutes or U.S. Constitution.
Administrative Agencies Sep. 9, 2001
Cordoba v. Massanari
Social Security Act fee-payment regulations, which treat attorneys and non-attorneys differently, do not violate constitution.
Administrative Agencies Sep. 9, 2001
Estate of Bishop v. Equinox International Corp.
Attorney-fee award is sufficient remedy where trademark holder did not suffer actual damages from infringing use.
Intellectual Property Sep. 9, 2001
Utah Licensed Beverage Association v. Leavitt
Alcohol vendors demonstrate substantial likelihood of success on claim that Utah's restrictions on alcohol advertising are unconstitutional.
Constitutional Law Sep. 9, 2001
People v. Trevino
Offender's age at time of prior offense is not relevant for purposes of sentencing under prior-murder special circumstance rule.
Criminal Law and Procedure Sep. 9, 2001
Montenegro v. Diaz
Court properly awarded custody based on best interests of child rather than change in circumstances.
Family Law Sep. 9, 2001
Finegan v. County of Los Angeles
In wrongful termination case, 'after-acquired evidence' may be admitted to show that employee was not qualified for job.
Employment Law Sep. 9, 2001
German v. Superior Court (People)
Double jeopardy prohibits retrial for conspiracy to commit first-degree murder where conviction for conspiracy to commit second-degree murder was reversed.
Criminal Law and Procedure Sep. 9, 2001
People v. Reeves
Statistical calculations used to support DNA evidence were admissible because they are generally accepted in scientific community.
Criminal Law and Procedure Sep. 9, 2001
People v. Youngblood
Conviction for animal cruelty is affirmed because court properly instructed jury, necessity was no defense and no illegal search or seizure occurred.
Criminal Law and Procedure Sep. 9, 2001
Ford v. Superior Court (People)
Court correctly denies defendant's motion to suppress confession, when he wasn't seized before making incriminating statements.
Criminal Law and Procedure Sep. 9, 2001
Hanson v. Superior Court
'Indirect contempt' violation is appropriate for attorney whose closing argument stated trial was unfair and the attorneys' role is to misrepresent facts.
Attorneys Sep. 9, 2001
Glendale Memorial Hospital & Health Care Center v. Dept. of Mental Health (County of Los Angeles)
State department denied reimbursement to hospitals for mental health services without adequate findings.
Government Sep. 9, 2001
People v. LaCross
Statute prohibiting transportation of methamphetamine applies to transportation by bicycle.
Criminal Law and Procedure Sep. 9, 2001
People v. Branch
Admitting evidence of uncharged prior sexual offenses in child molestation case was highly probative and not unduly prejudicial.
Criminal Law and Procedure Sep. 9, 2001