Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
99-20911
|
In re Marin
Attorney fails to comply with bankruptcy provisions requiring disclosure of fees and application for fees paid out of bankruptcy estate. |
Bankruptcy |
|
May 10, 2001 | |
94-22172
|
In re Vogt
Collection agency has no obligation to change way it reports the status of debt under Bankruptcy Code. |
Bankruptcy |
|
May 10, 2001 | |
C034462
|
People v. Franz
Shushing sound along with throat-slashing gesture made by defendant to witnesses was sufficient verbal communication to constitute terrorist threat. |
Criminal Law and Procedure |
|
May 10, 2001 | |
B139597
|
People v. Herrera
Additional three-year term gang enhancement may be applied to 25 years to life first-degree murder sentence. |
Criminal Law and Procedure |
|
May 10, 2001 | |
19047-1
|
Judy v. Hanford Environmental Health Foundation
Worker may not sue employer who failed to inform her that health examination revealed she was not physically capable of performing job. |
Employment Law |
|
May 9, 2001 | |
99-6387
|
U.S. v. Sparks
Order |
Criminal Law and Procedure |
|
May 9, 2001 | |
00-2030
|
Rylee v. Massanari
Order |
Administrative Agencies |
|
May 9, 2001 | |
00-596
|
Lorillard Tobacco Co. v. Reilly
Order |
|
May 9, 2001 | ||
B113910
|
Kane v. Bank of America National Trust and Savings Association, Inc.
Unconventional endorsements didn't create duty in bank to inquire into validity of transactions underlying checks. |
Banking |
|
May 9, 2001 | |
97-71373
|
Park v. INS
Conviction for involuntary manslaughter under California Penal Code constitutes aggravated felony for which alien is deportable. |
Immigration |
|
May 9, 2001 | |
96-99020
|
Lambright v. Stewart
Convicted murderer granted evidentiary hearing on ineffective assistance of counsel claim because he presented colorable claim for relief. |
Criminal Law and Procedure |
|
May 9, 2001 | |
94-16411
|
Graham v. The Balcor Co.
Court clarifies earlier judgment to allow plaintiff to pursue state-law claims on their merits in district court. |
Civil Procedure |
|
May 9, 2001 | |
96-99025
|
Smith v. Stewart
Defendant whose attorney failed to present evidence of mental impairment at sentencing phase is entitled to evidentiary hearing in federal court. |
Criminal Law and Procedure |
|
May 9, 2001 | |
00-1097
|
Benefield v. McDowall
Prison official may be personally liable for labeling inmate as 'snitch.' |
Prisoners Rights |
|
May 9, 2001 | |
B138138
|
Home Savings of America v. Continental Insurance Co.
Mortgagee may recover under standard mortgage clause where insured demolished premises and breached homeowners' policy without mortgagee's knowledge. |
Insurance |
|
May 9, 2001 | |
99-50627
|
U.S. v. Lopez-Osuna
Amended opinion |
|
May 9, 2001 | ||
00-1310
|
Oxendine v. Kaplan
Inmate's complaint establishes facts sufficient to make a claim that physician's conduct violated his constitutional rights. |
Constitutional Law |
|
May 9, 2001 | |
99-35665
|
Bear Medicine v. United States
Discretionary function exception does not shield government from liability under Federal Tort Claims Act. |
Torts |
|
May 9, 2001 | |
99-17079
|
Hawaii Teamsters and Allied Workers Union v. United Parcel Service
Arbitration decision upholding termination may not be disrupted if decision is based on collective bargaining agreement. |
Labor Law |
|
May 9, 2001 | |
00-5115
|
English v. Cody
Request for certificate of appealability is denied and appeal is dismissed because petitioner's claims of confrontation clause violations were unsupported by evidence. |
Criminal Law and Procedure |
|
May 9, 2001 | |
99-4245
|
U.S. v. Magleby
Burning of cross at interracial couple's home is violation of civil rights when act is racially motivated and due to couple's presence in neighborhood. |
Criminal Law and Procedure |
|
May 9, 2001 | |
00-4008
|
Aguilera v. Kirkpatrik
INS' decision not to join in reopening deportation proceedings is not violation of aliens' constitutional rights. |
Immigration |
|
May 9, 2001 | |
99-5173
|
Oil, Chemical, & Atomic Workers International Union (AFL-CIO) v. Conoco, Inc.
Compulsory arbitration is improper before judge has determined whether terms of collective bargaining agreement allow arbitration of specific disputes. |
Labor Law |
|
May 9, 2001 | |
00-8004
|
Allen v. Wal-Mart Stores, Inc.
Res Ipsa Loquitur doctrine doesn't apply where jury could reasonably infer injury was caused by either defendant's or plaintiff's negligence. |
Torts |
|
May 9, 2001 | |
99-10501
|
U.S. v. Aquino
Defendant's underlying sentence may not be enhanced more than once even if he possessed multiple illegal weapons. |
Criminal Law and Procedure |
|
May 9, 2001 | |
99-1557
|
Steinbach v. Dillon Co.
State tort claims of tortious interference with contract and intentional infliction of emotional distress are preempted by Labor Management Relations Act. |
Labor Law |
|
May 9, 2001 | |
00-3126
|
U.S. v. Arevalo
Death threat need not be 'express' for sentence enhancement if offender's words or actions instill fear of death in reasonable person. |
Criminal Law and Procedure |
|
May 9, 2001 | |
98-71513
|
Chao v. Symms Fruit Ranch Inc.
When safety violation is found, Occupational Safety and Health Review Commission has authority to deem violation de minimis and enter no sanction. |
Administrative Agencies |
|
May 9, 2001 | |
B134256
|
Epstein v. Hollywood Entertainment District II Business Improvement District
Non-profit corporation created to administer funds of Business Improvement District is subject to state open meeting law. |
Government |
|
May 9, 2001 | |
98-70828
|
Al-Harbi v. INS
Petitioner's evacuation from Iraq by American airlift is sufficient to support claim of 'well-founded fear' of persecution. |
Immigration |
|
May 9, 2001 |