| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
98-55160
|
Allen Chance v. Pac-Tel Teletrac Inc.
First use of service mark can be determined by the totality of user's acts prior to first sale. |
Intellectual Property |
|
May 9, 2001 | |
|
99-15605
|
U.S. v. Mackby
Clinic owner found to have submitted false Medicare claims is entitled to reassessment of whether fines are excessive. |
Civil Procedure |
|
May 9, 2001 | |
|
99-70861
|
Aguirre-Cervantes v. INS
Immediate family constitutes protected particular social group under asylum statute. |
Immigration |
|
May 9, 2001 | |
|
99-2146 and 99-2231
|
Feerer v. Amoco Production Co.
Contrary to settlement agreement and state law, defendant improperly withheld portion of state severance tax attributable to increased royalties. |
Taxation |
|
May 9, 2001 | |
|
99-2290
|
Watson v. Beckel
Student expelled from military school is not denied due process where he knew of charges and had opportunity to respond at hearing. |
Constitutional Law |
|
May 9, 2001 | |
|
00-5103
|
U.S. v. Julian
Although court was authorized to order restitution, order must be specific regarding costs of future counseling for sexual-abuse victims. |
Criminal Law and Procedure |
|
May 9, 2001 | |
|
S071080
|
Thompson v. Dept. of Corrections
Prisoner condemned to death was not entitled to visit with spiritual advisor for extra 20 minutes prior to execution. |
Criminal Law and Procedure |
|
May 9, 2001 | |
|
00-10168
|
U.S. v. Henderson
Violation of statute prohibiting destruction or alteration of government land requires proof of specific intent. |
Criminal Law and Procedure |
|
May 9, 2001 | |
|
00-55328
|
U.S. v. Hughes Aircraft Co.
Court does not err in dismissing qui tam action for lack of subject matter jurisdiction. |
Civil Procedure |
|
May 9, 2001 | |
|
00-50131
|
United States v. Verdin
Providing false identity is obstruction of justice warranting sentence enhancement under federal sentencing guidelines. |
Criminal Law and Procedure |
|
May 9, 2001 | |
|
99-70588
|
Espinoza-Castro v. INS
Lawful permanent resident army deserter was properly deported upon attempt to re-enter U.S. because he was excludable at time of re-entry. |
Immigration |
|
May 9, 2001 | |
|
99-6308
|
Scrivner v. Sonat Exploration Co.
Settlement agreement requires defendant to increase royalty assignment for all properties referenced in agreement. |
Contracts |
|
May 9, 2001 | |
|
00-6128
|
Earls v. Board of Education of Tecumseh Public School District
Random drug testing of high school students participating in competitive extracurricular activities is unconstitutional. |
Constitutional Law |
|
May 9, 2001 | |
|
98-3337
|
Rural Water District No. 1 v. City of Wilson
Rural water district that charges excessive rates does not make water services 'available' under federal statute. |
Environmental Law |
|
May 9, 2001 | |
|
99-10552
|
Commonwealth of the Northern Mariana Islands v. Bowie
Amended opinion |
|
May 9, 2001 | ||
|
98-71158
|
Ober v. Whitman
Environmental Protection Agency has authority to designate de minimis exemptions to 1990 amendments of Clean Air Act. |
Environmental Law |
|
May 9, 2001 | |
|
99-55777
|
Blyer v. Hemmeter (In re Hemmeter)
ERISA plan participants are fiduciaries and are subject to bankruptcy laws governing discharge of debt. |
Bankruptcy |
|
May 9, 2001 | |
|
C031974
|
People v. Benitez
|
|
May 9, 2001 | ||
|
99-30241
|
U.S. v. Akins
Defendant who did not voluntarily waive right to counsel for domestic violence conviction may not be later indicted for firearms possession. |
Criminal Law and Procedure |
|
May 9, 2001 | |
|
98-16924
|
Rene v. MGM Grand Hotel Inc.
Worker is not protected by federal discrimination law when he alleges harassment based on sexual orientation. |
Employment Law |
|
May 9, 2001 | |
|
99-1295
|
Gitlitz v. CIR
Order |
|
May 9, 2001 | ||
|
17968-1
|
State v. Campos
Evidence is sufficient to establish that defendant possessed cocaine with intent to deliver. |
Criminal Law and Procedure |
|
May 9, 2001 | |
|
17143-4
|
Hanson v. Estell
Party is not entitled to attorney-fee award when settlement offer is filed before judgment is entered. |
Attorneys |
|
May 9, 2001 | |
|
17521-9
|
State v. Williamson
Trial court may allow state to exercise peremptory challenge after jury is sworn and first witness has started to testify. |
Criminal Law and Procedure |
|
May 9, 2001 | |
|
18013-1
|
Marriage of Skarbek
Depositing separate funds in joint bank account is not acquisition of property and no community property presumption attaches. |
Family Law |
|
May 9, 2001 | |
|
17856-1
|
State v. May
Defendant is entitled to jury instruction on unwitting possession in defense of charge of unlawful possession of a firearm. |
Criminal Law and Procedure |
|
May 9, 2001 | |
|
18016-6-III
|
Rebecca K., a Minor
Minors' due process rights violated where sanctions, initiated without the proper proceedings, are punitive and based upon a finding of criminal contempt. |
Constitutional Law |
|
May 9, 2001 | |
|
99-1964
|
Booth v. Churner
Order |
|
May 9, 2001 | ||
|
18036-1-III
|
Meneely v. S. R. Smith Inc.
Trade association holding itself out as entity setting industry standards for pools and related equipment owes duty of care to product users. |
Torts |
|
May 9, 2001 | |
|
17699-1
|
Harting v. Barton
Professional liability standard for farmers is based upon local practice rather than statewide practices. |
Contracts |
|
May 9, 2001 |
