| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
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 | ||
|
98-15298
|
Rutledge v. Seyfarth, Shaw, Fairweather & Geraldson
Court abuses discretion in awarding attorney fees when ERISA case should have been removed to federal court. |
Employment Law |
|
Jun. 2, 2000 | |
|
99-70020
|
Khourassany v. INS
After deportation proceedings are finalized, asylum applicant's claims under Convention on Torture must be brought as motion to reopen. |
Immigration |
|
Jun. 2, 2000 | |
|
B110243
|
People v. Douglas
Obtaining health care benefits through false declarations may be sentenced as felony or misdemeanor. |
Criminal Law and Procedure |
|
Jun. 2, 2000 | |
|
98-35316
|
Bethel Native Corp. v. Dept. of Interior
When party files Federal Tort Claims Act against United States and United States files third-party action against state, state isn't immunized. |
Government |
|
Jun. 2, 2000 |