| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
97-50540
|
U.S. v. Hamilton
Clerical error on original sentencing information, regarding when defendant suffered a prior conviction, doesn't invalidate conviction. |
Criminal Law and Procedure |
|
Jun. 2, 2000 | |
|
98-71469
|
Escobar-Grijalva v. INS
Failure to allow alien to select her own counsel during asylum hearing violates due process. |
Immigration |
|
Jun. 2, 2000 | |
|
99-35303
|
Webb v. National Union Fire Insurance Co. of Pittsburgh
Court isn't required to consider extrinsic evidence determining whether primary insurer must contribute to additional insurer who provided coverage for same loss. |
Insurance |
|
Jun. 2, 2000 | |
|
96-17131
|
Association of Mexican-American Educators v. California
Opinion |
|
Jun. 2, 2000 | ||
|
98-70782
|
Socop-Gonzalez v. INS
Statute of limitations applies to alien who doesn't timely request adjustment of status due to incorrect information given by INS officer. |
Immigration |
|
Jun. 2, 2000 | |
|
98-71195
|
Chanchavac v. INS
Alien is entitled to asylum based on evidence of pervasive violence against alien by homeland military forces. |
Immigration |
|
Jun. 2, 2000 | |
|
99-30090
|
U.S. v. Ibarra-Galindo
If defined by state law as felony, 'aggravated felony' definition includes crime of controlled substance possession for sentence enhancement purposes. |
Immigration |
|
Jun. 2, 2000 | |
|
98-56432
|
Educational Credit Management Corp. v. Bernal (In re Bernal)
Assignee of debtor's note may not intervene in adversary proceeding to determine dischargeability of underlying debt after assignor has defaulted. |
Bankruptcy |
|
Jun. 2, 2000 | |
|
99-15064
|
Chiron Corp. v. Ortho Diagnostic Systems Inc.
Under Federal Arbitration Act, res judicata effect of arbitration award on subsequent arbitration is determined by arbitrator, not district court. |
Civil Procedure |
|
Jun. 2, 2000 | |
|
98-56138
|
Howard v. America Online Inc.
Court may dismiss claims of class members, where claims were part of earlier class settlement. |
Civil Procedure |
|
Jun. 2, 2000 | |
|
98-50632
|
U.S. v. Standard
In computing base offense level for tax fraud conviction, court must consider what portion of $1.7 million tax deduction was improperly claimed. |
Criminal Law and Procedure |
|
Jun. 2, 2000 | |
|
99-35543
|
Reese v. Jefferson School District No. 14J
In civil rights case against school, female student must show that school officials knew she was being harassed by male students. |
Civil Rights |
|
Jun. 2, 2000 | |
|
98-35913
|
Sigman v. United States
Federal government may be sued for negligence for giving killer, who was known to be dangerous, honorable discharge from military. |
Government |
|
Jun. 2, 2000 | |
|
98-56980
|
SEC v. Nite
SEC isn't entitled to summary judgment in fraud action, where pro se defendant had insufficient notice of requirements for opposing summary judgment. |
Securities |
|
Jun. 2, 2000 | |
|
98-55113
|
Loyd v. Paine Webber Inc.
Trustee of 'sham' corporation has standing to sue corporate attorneys for legal malpractice. |
Corporations |
|
Jun. 2, 2000 | |
|
98-55746
|
Stewart v. Thorpe Holding Company Profit Sharing Plan
Former spouse has standing to sue ERISA plan for her share of benefits, even without qualified domestic relations order. |
Family Law |
|
Jun. 2, 2000 | |
|
98-70266
|
Perez-Lastor v. INS
In deportation proceeding, asylum applicant is denied due process when translator does not accurately communicate immigration judge's questions. |
Immigration |
|
Jun. 2, 2000 | |
|
G023138
|
County of Orange v. Superior Court (Wu)
Civil discovery order doesn't allow criminal investigations discovery unless benefit outweighs need for confidentiality. |
Civil Procedure |
|
Jun. 2, 2000 | |
|
D032423
|
Hatch v. Superior Court (People)
Prosecution need not establish that victims are under 14 in prosecution for attempted lewd act on minor under 14. |
Criminal Law and Procedure |
|
Jun. 2, 2000 | |
|
A083888
|
Valencia v. Michaud
Landlord has duty to protect tenants' daughter from violent attack, by another tenant's son, that occurs on apartment building's premises. |
Torts |
|
Jun. 2, 2000 | |
|
99-30104
|
U.S. v. Coleman
Failure to show defendant 'knowingly' aided and abetted co-conspirators in armed bank robbery, precludes defendant from being convicted for armed robbery. |
Criminal Law and Procedure |
|
Jun. 2, 2000 | |
|
98-16844
|
Klem v. County of Santa Clara
Employer who fails to pay employees overtime compensation, may not remedy its actions by asserting 'window of correction' rule. |
Employment Law |
|
Jun. 2, 2000 | |
|
98-50504
|
U.S. v. Wilkerson
Judge's criticism of prosecutor's charging decision, which may have led to subsequent charging of that offense, doesn't violate separation of powers. |
Criminal Law and Procedure |
|
Jun. 2, 2000 | |
|
98-70752
|
Yazitchian v. INS
Form of extortion by government entity is sufficient to support presumption of well-founded fear of future persecution. |
Immigration |
|
Jun. 2, 2000 | |
|
B124959
|
In re Locks
Defendant, in treatment for insanity, isn't entitled to hearing that determines his competence to refuse medication. |
Criminal Law and Procedure |
|
Jun. 2, 2000 | |
|
97-50518
|
U.S. v. Chang
Sentencing must not exceed statutory maximum. |
Criminal Law and Procedure |
|
Jun. 2, 2000 | |
|
97-71047
|
NLRB v. Advanced Stretchforming International Inc.
Successor employer must bargain collectively before imposing terms when it hires its initial workers entirely from represented unit. |
Labor Law |
|
Jun. 2, 2000 | |
|
B136762
|
Cimarusti v. Superior Court (Dept. of Youth Authority)
Only juvenile court may compel production of certain juvenile records as requested by youth correctional officers challenging their employment termination. |
Juveniles |
|
Jun. 2, 2000 | |
|
E025228
|
Community Care and Rehabilitation Center v. Superior Court (Grood)
Rules pertaining to punitive damages in medical malpractice actions also apply to wrongful death claim couched in terms of elder abuse. |
Torts |
|
Jun. 2, 2000 | |
|
97-16095
|
Rice v. Cayetano
Order |
|
Jun. 2, 2000 |