| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
98-56028
|
Van Gerwen v. Guarantee Mutual Life
District Court abuses discretion when adjusting, without explanation, attorney fees to reflect quality of work but not when refusing to award fees for work unrelated to record. |
Employment Law |
|
Aug. 25, 2000 | |
|
98-70772
|
Ladha v. INS
BIA cannot require corroborative evidence to support credible testimony of aliens at asylum hearing. |
Immigration |
|
Aug. 25, 2000 | |
|
99-10361
|
U.S. v. Kakatin
Safety-valve provision does not apply to convictions for distributing controlled substances within 1000 feet of school. |
Criminal Law and Procedure |
|
Aug. 25, 2000 | |
|
99-10384
|
U.S. v. Boyd
Issuance of violation notice does not trigger Speedy Trial Act. |
Criminal Law and Procedure |
|
Aug. 25, 2000 | |
|
99-16713
|
Does I through XXIII v. Advanced Textile Corp.
Plaintiffs, who have reasonable fear of retaliation, may conceal their identities from defendants until court rules on motion to notify potential class members. |
Labor Law |
|
Aug. 25, 2000 | |
|
98-15818
|
Brooks v. City of San Mateo
Under Title VII, single episode of sexual harassment, followed by removal of harasser, does not support hostile work environment claim. |
Employment Law |
|
Aug. 25, 2000 | |
|
98-36054
|
National Warranty Ins. Co. v. Greenfield
Oregon law regulating risk-retention groups is pre-empted by federal Liability Risk Retention Act. |
Insurance |
|
Aug. 25, 2000 | |
|
97-70473
|
Alberto-Gonzalez v. INS
Alien sentenced to 79 days imprisonment for burglary conviction not deportable as aggravated felon under Immigration and Naturalization Act. |
Immigration |
|
Aug. 25, 2000 | |
|
98-99003
|
Comer v. Stewart
Order |
|
Aug. 25, 2000 | ||
|
98-17313
|
Stanley v. McCormick, Barstow, Sheppard, Wayte & Carruth (In re Donovan Corp.)
Trustee has standing under 11 U.S.C. Section 307 to appeal bankruptcy judge's decision. |
Bankruptcy |
|
Aug. 25, 2000 | |
|
99-10324
|
U.S. v. Fleming
No clear error in concluding defendant does not accept responsibility for offense upon his refusal to admit intent element at sentencing hearing. |
Criminal Law and Procedure |
|
Aug. 25, 2000 | |
|
99-16714
|
Monterey Plaza Hotel v. Local 483
Hotel fails to establish RICO predicate against union because union did not attempt to obtain hotel property by deception during strike. |
Civil Procedure |
|
Aug. 25, 2000 | |
|
98-15877
|
Scott v. Boos
Private Securities Litigation Reform Act may not be retroactively applied to bar RICO claimant's securities fraud claim. |
Corporations |
|
Aug. 25, 2000 | |
|
98-70784
|
Ye v. INS
Under immigration laws, vehicular burglary not aggravated felony for purposes of removal. |
Immigration |
|
Aug. 25, 2000 | |
|
98-36135
|
Metcalf v. Daley
Federal defendants violate NEPA when preparing environmental assessment after authorizing tribe to resume whaling. |
Environmental Law |
|
Aug. 25, 2000 | |
|
98-56478
|
Morales v. City of Los Angeles
Statute of limitations for denial of access claim begins to run when trial court enters final judgment. |
Civil Procedure |
|
Aug. 25, 2000 | |
|
99-30120
|
U.S. v. Bowman
Enhancements for brandishing firearm are not double counting when robbery conviction does not include use of firearm. |
Criminal Law and Procedure |
|
Aug. 25, 2000 | |
|
98-35726
|
Vasudeva v. United States
Imposing monetary penalties instead of disqualification from government program doesn't violate Excessive Fines Clause. |
Constitutional Law |
|
Aug. 25, 2000 | |
|
99-10386
|
U.S. v. Anglin
When defendant knowingly and voluntarily waives right to direct appeal pursuant to plea agreement, agreement's inconsistency will not afford right to appeal. |
Criminal Law and Procedure |
|
Aug. 25, 2000 | |
|
97-35725
|
MacFarlane v. Walter
Order |
|
Aug. 25, 2000 | ||
|
G026130
|
Jasmine G., a Minor
Social worker's opinion that parents have not sufficiently internalized proper parenting skills is insufficient evidence to justify removal of child from home. |
Family Law |
|
Aug. 25, 2000 | |
|
E024452
|
ZZYZX Aaron Curtis, a minor v. Estate of Fagan
Probate court can authorize payment of attorney fees from minor's settlement after determining claim valid and amount reasonable. |
Probate and Trusts |
|
Aug. 25, 2000 | |
|
A085064
|
California Correctional Peace Officers Association v. State of California
Injunctive relief is appropriate to protect correctional officers during investigation for alleged misconduct from constitutional violations. |
Prisoners Rights |
|
Aug. 25, 2000 | |
|
B137144
|
People v. Martinez
Prosecutor may not exercise peremptory challenges to exclude jurors for presumed bias based solely on race. |
Criminal Law and Procedure |
|
Aug. 25, 2000 | |
|
H019557
|
Redwood Empire v. Gombos
Jury must determine whether public recreational use of roadway supports implied dedication that would permit commerical logging activities. |
Real Property |
|
Aug. 25, 2000 | |
|
B125410
|
Marriage of McLaughlin
Motion to reconsider settlement based on failure to disclose assets denied when disclosure doesn't change outcome. |
Family Law |
|
Aug. 25, 2000 | |
|
A086366
|
Rosasco v. Commission on Judicial Performance
Retroactive application of amendments to law are impermissible without clear statement from legislature. |
Civil Procedure |
|
Aug. 25, 2000 | |
|
00-35121
|
John v. United States
Order |
|
Aug. 25, 2000 | ||
|
B134358
|
Rosales v. City of Los Angeles
Police officers do not have private right of action for City's unauthorized release of their confidential personnel files. |
Torts |
|
Aug. 25, 2000 | |
|
B133105
|
Assilzadeh v. California Federal Bank
Duty to disclose material facts is met when seller informs buyer of construction defect litigation and settlement. |
Real Property |
|
Aug. 25, 2000 |