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Name Category Published
In re Marin
Attorney fails to comply with bankruptcy provisions requiring disclosure of fees and application for fees paid out of bankruptcy estate.
Bankruptcy May 10, 2001
In re Vogt
Collection agency has no obligation to change way it reports the status of debt under Bankruptcy Code.
Bankruptcy May 10, 2001
People v. Franz
Shushing sound along with throat-slashing gesture made by defendant to witnesses was sufficient verbal communication to constitute terrorist threat.
Criminal Law and Procedure May 10, 2001
People v. Herrera
Additional three-year term gang enhancement may be applied to 25 years to life first-degree murder sentence.
Criminal Law and Procedure May 10, 2001
Judy v. Hanford Environmental Health Foundation
Worker may not sue employer who failed to inform her that health examination revealed she was not physically capable of performing job.
Employment Law May 9, 2001
U.S. v. Sparks
Order
Criminal Law and Procedure May 9, 2001
Rylee v. Massanari
Order
Administrative Agencies May 9, 2001
Lorillard Tobacco Co. v. Reilly
Order
May 9, 2001
Kane v. Bank of America National Trust and Savings Association, Inc.
Unconventional endorsements didn't create duty in bank to inquire into validity of transactions underlying checks.
Banking May 9, 2001
Park v. INS
Conviction for involuntary manslaughter under California Penal Code constitutes aggravated felony for which alien is deportable.
Immigration May 9, 2001
Lambright v. Stewart
Convicted murderer granted evidentiary hearing on ineffective assistance of counsel claim because he presented colorable claim for relief.
Criminal Law and Procedure May 9, 2001
Graham v. The Balcor Co.
Court clarifies earlier judgment to allow plaintiff to pursue state-law claims on their merits in district court.
Civil Procedure May 9, 2001
Smith v. Stewart
Defendant whose attorney failed to present evidence of mental impairment at sentencing phase is entitled to evidentiary hearing in federal court.
Criminal Law and Procedure May 9, 2001
Benefield v. McDowall
Prison official may be personally liable for labeling inmate as 'snitch.'
Prisoners Rights May 9, 2001
Home Savings of America v. Continental Insurance Co.
Mortgagee may recover under standard mortgage clause where insured demolished premises and breached homeowners' policy without mortgagee's knowledge.
Insurance May 9, 2001
U.S. v. Lopez-Osuna
Amended opinion
May 9, 2001
Oxendine v. Kaplan
Inmate's complaint establishes facts sufficient to make a claim that physician's conduct violated his constitutional rights.
Constitutional Law May 9, 2001
Bear Medicine v. United States
Discretionary function exception does not shield government from liability under Federal Tort Claims Act.
Torts May 9, 2001
Hawaii Teamsters and Allied Workers Union v. United Parcel Service
Arbitration decision upholding termination may not be disrupted if decision is based on collective bargaining agreement.
Labor Law May 9, 2001
English v. Cody
Request for certificate of appealability is denied and appeal is dismissed because petitioner's claims of confrontation clause violations were unsupported by evidence.
Criminal Law and Procedure May 9, 2001
U.S. v. Magleby
Burning of cross at interracial couple's home is violation of civil rights when act is racially motivated and due to couple's presence in neighborhood.
Criminal Law and Procedure May 9, 2001
Aguilera v. Kirkpatrik
INS' decision not to join in reopening deportation proceedings is not violation of aliens' constitutional rights.
Immigration May 9, 2001
Oil, Chemical, & Atomic Workers International Union (AFL-CIO) v. Conoco, Inc.
Compulsory arbitration is improper before judge has determined whether terms of collective bargaining agreement allow arbitration of specific disputes.
Labor Law May 9, 2001
Allen v. Wal-Mart Stores, Inc.
Res Ipsa Loquitur doctrine doesn't apply where jury could reasonably infer injury was caused by either defendant's or plaintiff's negligence.
Torts May 9, 2001
U.S. v. Aquino
Defendant's underlying sentence may not be enhanced more than once even if he possessed multiple illegal weapons.
Criminal Law and Procedure May 9, 2001
Steinbach v. Dillon Co.
State tort claims of tortious interference with contract and intentional infliction of emotional distress are preempted by Labor Management Relations Act.
Labor Law May 9, 2001
U.S. v. Arevalo
Death threat need not be 'express' for sentence enhancement if offender's words or actions instill fear of death in reasonable person.
Criminal Law and Procedure May 9, 2001
Chao v. Symms Fruit Ranch Inc.
When safety violation is found, Occupational Safety and Health Review Commission has authority to deem violation de minimis and enter no sanction.
Administrative Agencies May 9, 2001
Epstein v. Hollywood Entertainment District II Business Improvement District
Non-profit corporation created to administer funds of Business Improvement District is subject to state open meeting law.
Government May 9, 2001
Al-Harbi v. INS
Petitioner's evacuation from Iraq by American airlift is sufficient to support claim of 'well-founded fear' of persecution.
Immigration May 9, 2001