This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.
Subscribe to the Daily Journal for access to Daily Appellate Reports, Verdicts, Judicial Profiles and more...

    Filter by date
     to 
    Search by Case Name
    Search by Judge
    Search by Case Number
    Search by DJ Citation Number
    Search by Category
    Search by Court

Name Category Published
Castro-Cortez v. INS
Federal law permitting deportation does not apply to aliens who illegally re-entered United States before April 1, 1997.
Immigration May 6, 2001
U.S. v. Crawford
Conviction of mail fraud only requires proof of defendant's knowledge that she did not personally own property obtained by fraud.
Criminal Law and Procedure May 6, 2001
Depetris v. Kuykendall
Excluding wife's testimony concerning her belief that she was in imminent danger when she killed her husband is prejudicial.
Criminal Law and Procedure May 6, 2001
In re. Wolf
Court errs in instructing jury that outpatient facility must agree to accept patient before court can order less restrictive alternative treatment program.
Criminal Law and Procedure May 6, 2001
Hollins v. Delta Airlines
Employer has no vicarious liability for its employee's alleged discrimination where no complaint about conduct is made.
Employment Law May 6, 2001
Ballard v. Muskogee Regional Medical Center
Employee's free speech rights aren't violated by termination from employment, because termination would have occurred solely based on poor performance.
Civil Rights May 6, 2001
Rekstad v. First Bank System, Inc.
Grant of summary judgment on ERISA claim does not qualify as final decision when court remands to plan administrator question of damages.
Civil Procedure May 6, 2001
U.S. v. Castaneda
Vulnerable-victim sentence enhancement isn't appropriate where factors that make victim vulnerable are usual for victims of offense.
Criminal Law and Procedure May 6, 2001
U.S. v. Taylor
Defendant convicted of transporting minor for purposes of prostitution need not know victim was minor.
Criminal Law and Procedure May 6, 2001
Fink v. Gomez
Attorney's reckless misstatements of law and fact, when coupled with improper purpose, are sanctionable under court's inherent power.
Attorneys May 6, 2001
Flowers v. Walter
Prohibition against forced administration of drugs to criminal defendant is new constitutional rule that may be retroactively applied in habeas proceeding.
Criminal Law and Procedure May 6, 2001
Pacific Fisheries Corp. v. HIH Casualty & General Insurance, Ltd.
Breach of trading warranty renders insurance policy void even if claimed loss was not caused by breach.
Insurance May 6, 2001
A&M Records v. Napster Inc.
Napster is liable for vicarious copyright infringement for failure to police illegal uses of material by visitors to its Web site.
Intellectual Property May 6, 2001
Sorenson v. Mink
Cost of living adjustment to award of attorney fees should be computed according to consumer price index for same year work completed.
Civil Procedure May 6, 2001
Humphrey v. Memorial Hospitals Assn.
Employer may be liable for refusing to allow medical transcriptionist with obsessive compulsive disorder to work from home.
Employment Law May 6, 2001
City of Los Angeles v. U.S. Federal Aviation Administration
Federal appeals court does not have jurisdiction to hear original action by city against FAA challenging revenue-use policy.
Civil Procedure May 6, 2001
Myers v. Phillip Morris Companies Inc.
Order
May 6, 2001
Young v Teti
Case law doesn't permit plaintiff to have offset to damage award reduced for attorney fees.
Insurance May 6, 2001
People v. Covington
Photograph of victim's injury taken by physician's assistant at request of police are not protected by privilege, but are medical testimony.
Criminal Law and Procedure May 6, 2001
Town of Erie v. Eason
Semi-trailers used for public storage are 'structures' within purview of Uniform Building Code even if not affixed to land.
Real Property May 6, 2001
City of Arvada v. Colorado Intergovernmental Risk Sharing Agency
Self-insurance pools don't qualify as 'insurers' for purposes of the Colorado Intergovernmental Risk Sharing Agency.
Insurance May 6, 2001
Wurzbach v. City of Tacoma
Accomodated employee whose disability subsides must formally notify employer of change in disability if employee desires job that disability would have precluded.
Employment Law May 6, 2001
Northwest Ecosystem Alliance v. Washington Forest Practices Board
Under Administrative Procedure Act, court has authority to review validity of agency's existing regulations.
Administrative Agencies May 6, 2001
City of County of Denver v. Qwest Corp.
Portions of Denver Municipal Code Sections 10.51-1 to 10.5-41 declared invalid for conflicting with state law.
Real Property May 6, 2001
Forster v. Pierce County
Man convicted of drug charges in 1972 may not possess firearm under legislation enacted after his conviction.
Constitutional Law May 4, 2001
Pfaff v. State Farm Mutual Auto Insurance Co.
Party may have default set aside when it presents evidence of a defense to underlying action.
Civil Procedure May 4, 2001
Evans on Habeas Corpus
Order
May 4, 2001
Security State Bank v. Burk
Where factual dispute exists whether creditor liquidated debtor's assets in commercially reasonable manner, summary judgment enforcing personal guaranty is not proper.
Business Law May 4, 2001
Lewis v. Krussel
Landowner who knows that trees of certain species have fallen does not have duty to remove healthy trees of same species.
Torts May 4, 2001
Wiley v. Rehak
Court lacks authority to allow addition of aggrieved party after the deadline for trial de novo request expired.
Civil Procedure May 4, 2001