| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
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 | |
|
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 |