| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
S087351
|
Wilner v. Sunset Life Insurance Co.
Order |
|
Jun. 5, 2000 | ||
|
99-1560
|
International Precious Metals Corp. v. Waters
Order |
|
Jun. 5, 2000 | ||
|
98-15003
|
Saracho v. Custom Food Machinery Inc.
Authority-to-sue challenge must be timely made. |
Civil Procedure |
|
Jun. 2, 2000 | |
|
98-50347
|
U.S. v. Lombera-Camorlinga
Foreigner's post-arrest statements are admissable in criminal prosecution even though he made them before being advised of right to consular notification. |
Criminal Law and Procedure |
|
Jun. 2, 2000 | |
|
98-56611
|
Arreguin v. Prunty
Court's failure to instruct jury that defendant cannot be convicted unless he is 'major participant' in crime is harmless error. |
Criminal Law and Procedure |
|
Jun. 2, 2000 | |
|
98-55872
|
Cook v. Erbey
Where district court's order compelling arbitration is integrated into party's action, order is unappealable even when entire action is dismissed. |
Civil Procedure |
|
Jun. 2, 2000 | |
|
99-30012
|
U.S. v. Johnson
Thirty-minute wait for backup, before pursuing fleeing felon, who resisted arrest and hid on property, still constitutes 'hot pursuit' under exigent circumstances. |
Criminal Law and Procedure |
|
Jun. 2, 2000 | |
|
99-35029 and 99-35310
|
Jones v. Wood
Failure to investigate and present circumstantial evidence that someone, other than defendant may have committed murder, is ineffective assistance of counsel. |
Criminal Law and Procedure |
|
Jun. 2, 2000 | |
|
94-16942
|
Kersting v. United States
Taxpayer's attempt to obtain state court judgments on promissory notes issued in connection with tax shelters do not establish legitimacy of scheme. |
Taxation |
|
Jun. 2, 2000 | |
|
97-36191
|
Passantino v. Johnson & Johnson Consumer Products Inc.
Employee is entitled to punitive damages award if employer does not fairly and adequately implement procedures against discrimination. |
Employment Law |
|
Jun. 2, 2000 | |
|
98-16543
|
BankAmerica Pension Plan v. McMath
ERISA does not pre-empt state-law doctrine of substantial compliance, which requires employee to designate primary beneficiary under benefit plan. |
Employment Law |
|
Jun. 2, 2000 | |
|
98-30304
|
U.S. v. Hinojosa-Perez
Alien's lack of diligence when given notice of proper procedures bars attack on deportation order. |
Immigration |
|
Jun. 2, 2000 | |
|
98-35949
|
Harris v. Harris & Hart Inc.
Employer may require employee with known disability to provide medical release without violating Americans With Disabilities Act. |
Employment Law |
|
Jun. 2, 2000 | |
|
98-55300
|
Flores v. San Diego County
Exhausting civil service remedies and canceling public employee's suspension for exercising free speech sufficiently redresses abridgment and satisfies due process. |
Government |
|
Jun. 2, 2000 | |
|
99-30130
|
U.S. v. Sandoval-Barajas
Alien's prior state court conviction of gun possession is not aggravated felony for purposes of federal sentencing guidelines. |
Immigration |
|
Jun. 2, 2000 | |
|
98-70462 and 98-70590
|
Aragon-Ayon v. INS
Amended definition of "aggravated felony" contained in Immigration and Naturalization Act applies retroactively. |
Immigration |
|
Jun. 2, 2000 | |
|
98-16061
|
Mendler v. Winterland Production Ltd.
Licensing agreement authorizing use of photographs for illustrations doesn't cover computer-scanned images of photos that retain lifelike appearance. |
Intellectual Property |
|
Jun. 2, 2000 | |
|
98-55547
|
Carpenters Southern California Administrative Corp. v. Knight
Without subject matter jurisdiction, court may not award attorney fees and costs under ERISA claim. |
Employment Law |
|
Jun. 2, 2000 | |
|
98-70321
|
Jacinto v. INS
Immigration judge has duty to develop record fully and fairly in manner understandable to alien, and to ensure that favorable facts are presented. |
Immigration |
|
Jun. 2, 2000 | |
|
98-70682
|
Tecun-Florian v. INS
Alien is not entitled to asylum where there is no showing that he was persecuted for his religious beliefs. |
Immigration |
|
Jun. 2, 2000 | |
|
98-15997
|
DiRuzza v. County of Tehama
Deputy sheriffs are not per se policy-makers whose work-related political activities are unprotected from retaliatory employer action under First Amendment. |
Constitutional Law |
|
Jun. 2, 2000 | |
|
98-16001
|
Demando v. Morris
Under Truth In Lending Act, credit-card issuer's solicitation letter specifying lifetime annual interest rate bars subsequent rate increases. |
Business Law |
|
Jun. 2, 2000 | |
|
98-55302
|
Johnson v. State
Prisoner's complaint alleging intentional segregation of prisoners by race without valid penological purpose is sufficient to state constitutional claim. |
Prisoners Rights |
|
Jun. 2, 2000 | |
|
98-55548
|
Blair v. City of Pomona
Workplace harassment against police officer, following his report of official corruption, supports civil rights claim based on policy of retaliating against whistleblowers. |
Civil Rights |
|
Jun. 2, 2000 | |
|
98-56204
|
Taylor v. Rancho Santa Barbara
Federal and state statutes that authorize exclusion of persons under age 55 from mobile home parks are constitutional. |
Constitutional Law |
|
Jun. 2, 2000 | |
|
99-10194
|
U.S. v. Salazar-Robles
Venue for deportable offense is proper in district where alien is found, even if he is not in district voluntarily. |
Immigration |
|
Jun. 2, 2000 | |
|
99-30112
|
United States v. Hagberg
Sewage pumped from septic tanks receiving only domestic sewage is considered 'sewage sludge' within meaning of federal law. |
Environmental Law |
|
Jun. 2, 2000 | |
|
98-56134
|
California Medical Assn. v. Shalala
If underlying merits judgment is reversed, party that has paid adversary's attorney fees may petition for relief from fee judgment. |
Civil Procedure |
|
Jun. 2, 2000 | |
|
97-17407
|
Self-Realization Fellowship Church v. Amanda Church of Self-Realization
Religious leader's writings and spoken lectures are not 'works for hire' or 'works of corporate body' subject to Copyright Act. |
Intellectual Property |
|
Jun. 2, 2000 | |
|
96-35246 and 96-35304
|
Boeing Co. v. MFM Cascade Corp.
Where companies' contamination overlaps, both are responsible for response costs. |
Environmental Law |
|
Jun. 2, 2000 |