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Name Category Published
Ingle v. Circuit City
Renewed petition by employer to compel arbitration is wholly without merit where court already decided that arbitration agreement was unconscionable.
Employment Law Aug. 23, 2005
KP Permanent Make-Up Inc. v. Lasting Impression I Inc.
Make-up company's non-generic use of words 'micro colors' is protected under trademark law.
Intellectual Property Aug. 23, 2005
Industrial Customers of Northwest Utilities v. Bonneville Power Administration
Power agency's decision to trigger safety-net cost recovery adjustment charges is not subject to judicial review.
Government Aug. 23, 2005
U.S. v. Cassel
Offense of interfering with federal land sale does not punish protected speech and is constitutional.
Criminal Law and Procedure Aug. 23, 2005
Gonzales v. Free Speech Coalition
Government is not liable for attorney fees despite unsuccessfully defending child pornography law.
Government Aug. 23, 2005
Wachovia Bank, Nat. Assn. v. Schmidt
Order
Aug. 23, 2005
Scheidler v. Now
Order
Aug. 23, 2005
Prison Legal News v. Lehman
Prison regulation prohibiting inmates from receiving non-subscription bulk mail and catalogs is unconstitutional.
Prisoners Rights Aug. 23, 2005
Sparling v. Daou
Allegation that company officers recognized revenues before labor had begun on contract projects suffices to show material misrepresentation.
Securities Aug. 23, 2005
SEC v. Capital Consultants
District court properly approved receiver's plan of distribution proposing 50 percent offset.
Securities Aug. 23, 2005
Snavely v. Miller (In re Miller)
Automatic stay enjoined bankruptcy court from entering award of attorney fees until after expiration or lifting of stay.
Bankruptcy Aug. 23, 2005
U.S. v. Navarro-Vargas
Model grand jury instructions do not violate grand jury clause of Fifth Amendment.
Administrative Agencies Aug. 23, 2005
Save Our Sonoran Inc. v. Flowers
Court conducted proper analysis in finding potential for environmental injury existed in waterway project.
Environmental Law Aug. 23, 2005
U. S. v. Vargas-Amaya
Order
Aug. 23, 2005
U.S. v. Arevalo
Appellant who has voluntarily dismissed appeal must move to reinstate within time limits for filing notice of appeal.
Criminal Law and Procedure Aug. 23, 2005
Zhang v. Gonzales
Acts of violence against parent in country of origin may establish well-founded fear of persecution in child.
Immigration Aug. 23, 2005
Kukje Hwajae Insurance Co. v. The M/V Hyundai Liberty
Lawsuit relying on defendant's bill of lading to show breach is subject to forum selection clause.
Contracts Aug. 23, 2005
U.S. v. Wyatt
Defendants who strung ropes above helicopter landing site to obstruct timber harvest are guilty of federal crime.
Criminal Law and Procedure Aug. 23, 2005
Gatti v. Reliance Standard Life Insurance Co.
Insurer's violation of ERISA time limits does not justify more stringent review of its decision to deny coverage.
Insurance Aug. 23, 2005
U.S. v. Quaempts
Defendant who opened front door to police while lying in bed did not waive expectation of privacy.
Criminal Law and Procedure Aug. 23, 2005
Perez v. Gonzales
Immigrant failed to demonstrate that rapes suffered in country of origin amounted to persecution.
Immigration Aug. 23, 2005
U.S. v. Ameline
Judge who imposed sentence when Sentencing Guidelines were mandatory will be asked whether sentence would change since Guidelines became advisory.
Criminal Law and Procedure Aug. 23, 2005
Menotti v. City of Seattle
Emergency order prohibiting access to parts of city during trade conference was constitutional.
Constitutional Law Aug. 23, 2005
Juan H. v. Allen
Juvenile found culpable for first-degree murder because he was present at shooting is entitled to habeas relief.
Juveniles Aug. 23, 2005
Thomas v. Gonzales
Family membership may constitute membership in 'particular social group' for asylum purposes.
Immigration Aug. 23, 2005
Collier v. Bayer
Application of Nevada's time limits to defendant's habeas petition did not preclude federal review of petition.
Criminal Law and Procedure Aug. 23, 2005
U.S. v. Sandoval-Lopez
Attorney may be ineffective by not filing requested appeal even if defendant waived right to appeal in plea agreement.
Criminal Law and Procedure Aug. 23, 2005
Valles v. Ivy Hill Corp.
State lawsuit against employer for failing to provide meal breaks is not preempted by federal law.
Labor Law Aug. 23, 2005
Timbreza v. Gonzales
Order
Aug. 23, 2005
Wong v. Regents of the University of California
Medical school defeats discrimination claim by student who failed to prove he was disabled.
Civil Rights Aug. 23, 2005