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Name Category Published
Chemical Producers and Distributors Association v. Helliker
Intervening amendments to state's pesticide registration laws rendered party's appeal moot.
Civil Procedure Nov. 8, 2006
Hebbring v. U.S. Trustee
Bankruptcy courts have discretion to determine whether voluntary retirement contributions are reasonably necessary expense for debtor based on particular facts of case.
Bankruptcy Nov. 8, 2006
Healthcare Employees Union Local 399 v. NLRB
Evidence does not support labor board's ruling that union failed to meet its burden regarding unfair labor practice claim.
Labor Law Nov. 8, 2006
Tobacco II Cases
UCL claim that requires numerous individual determinations for each plaintiff's exposure to alleged misrepresentations by tobacco companies is unsuitable for class action.
Civil Procedure Nov. 8, 2006
Reynoso v. Giurbino
Writ of habeas corpus is properly granted where defense counsel failed to question witnesses, who placed defendant at murder scene, about reward.
Criminal Law and Procedure Nov. 8, 2006
U.S. v. Washington
Under 18 U.S.C. Section 924, judge must impose higher minimum sentence even if he, not jury, made determination that firearm was brandished.
Criminal Law and Procedure Nov. 8, 2006
Feibusch v. Integrated Device Technology Inc. Employee Benefit Plan
ERISA benefit denial claims are reviewed de novo, unless discretion to grant or deny claims is unambiguously retained by plan administrator.
Insurance Nov. 8, 2006
Verizon California Inc. v. Peevey
CPUC's decision was not arbitrary and capricious in extending status quo until new interconnection agreement was in place.
Administrative Agencies Nov. 8, 2006
U.S. v. Mueller
Despite 'U.S. v. Booker,' probation is not available as alternative for incarceration for defendant convicted of receiving child pornography.
Criminal Law and Procedure Nov. 8, 2006
U.S. v. Cienfuegos
Restitution amount for future lost income to manslaughter victim's estate must be redetermined under Mandatory Victims Restitution Act of 1996.
Criminal Law and Procedure Nov. 8, 2006
Yee v. Duncan
Despite prosecutor failing to offer gender-neutral explanation for peremptory challenge, state courts reasonably found defendant did not meet ultimate burden under 'Batson.'
Criminal Law and Procedure Nov. 8, 2006
Bassiri v. Xerox Corp.
ERISA's payroll practice exception encompasses payments by employer to disabled employee of 'normal compensation,' which may be less than employee's normal salary.
Employment Law Nov. 8, 2006
Padilla-Padilla v. Gonzales
BIA does not have authority to reduce voluntary departure period granted by immigration judge in 'streamlined' affirmance.
Immigration Nov. 8, 2006
U.S. v. Stevens
In child pornography case, court's application of amended version of U.S. Sentencing Guidelines violated constitutional prohibition against ex post facto laws.
Criminal Law and Procedure Nov. 8, 2006
Freitag v. Ayers
Dept. of Corrections is liable for prison officials' failure to correct hostile work environment caused by male prisoners' harassment of female guards.
Employment Law Nov. 8, 2006
Comer v. Schriro
Habeas writ is granted based on due process violations during sentencing, even though petitioner competently and voluntarily waived his habeas appeal right.
Criminal Law and Procedure Nov. 8, 2006
Frierson v. Woodford
Denial of habeas relief with respect to penalty phase is not proper where defense attorney failed to present mitigation evidence.
Criminal Law and Procedure Nov. 8, 2006
Perez-Enriquez v. Gonzales
Admissibility for agricultural worker under SAW program is determined as of date of adjustment of status as lawful temporary resident.
Immigration Nov. 8, 2006
Ballen v. City of Redmond
Ordinance is invalid where it discriminates against commercial speech rights of businesses in content-based manner.
Constitutional Law Nov. 8, 2006
U.S. v. Howard
District-wide leg shackling policy that diminishes dignity of detainees appearing in court was justified for safety reasons.
Criminal Law and Procedure Nov. 8, 2006
U.S. v. Jawara
'Same or similar character' basis for joinder cannot join immigration crimes that are unrelated in purpose, timing, location, modus operandi and evidence.
Civil Procedure Nov. 8, 2006
U.S. v. Napier
District court erred in imposing nonstandard conditions of supervised release after oral sentencing.
Criminal Law and Procedure Nov. 8, 2006
Klein v. San Diego County
Dismissal of constitutional claims is proper where residential picketing ordinance is not unconstitutional in every application.
Constitutional Law Nov. 8, 2006
Padilla v. Lever
Voting Rights Act requirement that election materials be provided in minority languages does not attach to recall petitions initiated by private proponents.
Government Nov. 8, 2006
Faith Center Church Evangelistic Ministries v. Glover
Prohibiting faith center's religious worship services from public library meeting room was permissible exclusion of speech that did not violate First Amendment.
Constitutional Law Nov. 8, 2006
Universal Service Administrative Co. v. Post-Confirmation Committee of Unsecured Creditors of Incomnet Communications Corp. (In re Incomnet Inc.)
Universal Service Administrative Co., operating under regulations promulgated by FCC, is transferee under 'dominion test' for bankruptcy purposes.
Bankruptcy Nov. 8, 2006
Chamber of Commerce of the United States v. Lockyer
California statute barring employers' use of state funds to promote or deter union organizing is not pre-empted by federal labor law.
Constitutional Law Nov. 8, 2006
Navarro-Lopez v. Gonzales
Order
Nov. 8, 2006
Mezhbien on Habeas Corpus
Order
Nov. 7, 2006
Parents Involved In Comm. Schs. v. Seattle Sch. Dist. No. 1
Order
Nov. 7, 2006