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Name Category Published
Lyons v. Crawford
Petitioner for habeas corpus has not exhausted state remedies when he fails to specifically characterize claims in state court as federal claims.
Criminal Law and Procedure Feb. 1, 2001
Prazak v. Local 1 International Union of Bricklayers & Allied Crafts
'Hybrid' suit filed in state court is governed by state procedural rules if plaintiff initially complies with federal statute of limitations.
Civil Procedure Feb. 1, 2001
Lapidus v. Hecht
Shareholder may bring direct suit for violation of voting rights but not for decrease in stock value.
Corporations Feb. 1, 2001
Cervantes-Gonzales v. INS
Discretionary waiver of inadmissibility, per INA Section 212, proper when petitioner does not qualify for adjustment of status.
Immigration Feb. 1, 2001
U. S. v. Herrera-Blanco
Immigration judge does not deprive petitioner of his right to judicial review when petitioner avails himself of alternative means of review.
Immigration Feb. 1, 2001
U.S. v. Fejes
Hunting guide who provides guide services to individuals who illegally take caribou violates Lacey Act.
Environmental Law Feb. 1, 2001
Chappel v. Laboratory Corp. of America
Clause requiring employee to arbitrate dispute over health benefits is enforceable.
Employment Law Feb. 1, 2001
Drayden v. White
Appeals court denies habeas petition of convicted murderer who alleges prosecutor violated his right to due process in closing argument.
Criminal Law and Procedure Feb. 1, 2001
Renfrow v. Draper
Court errs in denying attorney fees to spouse for expense of litigating issues regarding validity and amount of debts under state law.
Bankruptcy Feb. 1, 2001
U.S. v. Oaxaca
Evidence seized after warrantless arrest of defendant in his open garage is inadmissible.
Criminal Law and Procedure Feb. 1, 2001
Short v. Short (In re Short)
Debt incurred in connection with divorce is nondischargeable and may take into account income of live-in romantic companion.
Bankruptcy Feb. 1, 2001
Dearinger v. Reno
Court is not precluded from exercising habeas jurisdiction over deportation matter.
Immigration Feb. 1, 2001
Downs v. Hoyt
Court affirms denial of habeas petition to mother convicted of murdering daughter despite district court's use of erroneous standard.
Criminal Law and Procedure Feb. 1, 2001
Cruz-Navarro v. INS
Petitioner failing to establish persecution on account of protected category is not eligible for asylum and withholding of deportation.
Immigration Feb. 1, 2001
United States v. Shaltry (In re Home America T.V.-Applicance Audio Inc.)
Trustee's tax-refund claim based on exercise of avoidance powers pursuant to bankruptcy statue is time-bared when statute of limitations not satisfied.
Bankruptcy Feb. 1, 2001
U.S. v. Martinez
Defendant's conviction for transporting marijuana does not establish conviction of offense defined by career criminal guideline supporting sentence enhancement.
Criminal Law and Procedure Feb. 1, 2001
Cook v. Robbins
Defendant bears burden of proving there is no causal link between copyright infringement and direct profits.
Intellectual Property Feb. 1, 2001
Doe v. Glanzer
Negative inference may not be drawn from civil defendant's refusal to answer question regarding penile test that measures reactions to visual stimuli.
Constitutional Law Feb. 1, 2001
Richards-Diaz v. Fasano
Repeal of statute allowing alien to apply for discretionary relief from deportation is not impermissibly retroactive.
Criminal Law and Procedure Feb. 1, 2001
Anderson v. Calderon
Petitioner's confession obtained during illegal arraignment delay is sufficiently attenuated from illegality when he volunteers to confess during legal detention.
Criminal Law and Procedure Feb. 1, 2001
Coleman v. Quaker Oats Co.
Summary judgment proper when employees fail to raise question of material fact regarding whether company discriminated against them.
Employment Law Feb. 1, 2001
Horizon Air Industries Inc. v. National Mediation Board
National Mediation Board does not exceed authority under Railway Labor Act in finding company interfered in election and by applying new standard retroactively.
Labor Law Feb. 1, 2001
Graves v. Myrvang (In re Myrvang)
Debt owed to spouse under divorce decree may be subject to five-year payment plan and partially discharged in bankruptcy proceeding.
Bankruptcy Feb. 1, 2001
Catholic Social Services Inc. v. INS
When plaintiffs satisfy statute's requirements, statute of limitations tolled during pendency of earlier class action and preliminary injunction is proper.
Immigration Feb. 1, 2001
Kataria v. INS
In absence of adverse credibility finding, member of Sikh religion is not required to produce corroborating testimony establishing eligibility for asylum.
Immigration Feb. 1, 2001
Scales v. INS
Child born in wedlock to U.S. citizen is not required to show blood relationship to establish citizenship.
Immigration Feb. 1, 2001
Tinoqui-Chalola Council v. U.S. Department of Energy
Federal agency was not required to engage in consultation regarding endangered species prior to selling land to petroleum company.
Environmental Law Feb. 1, 2001
U.S. v. Corey
Federal court has jurisdiction over criminal case in which U.S. citizen is charged with sexual abuse committed at U.S. installations abroad.
Criminal Law and Procedure Feb. 1, 2001
Whelchel v. State
Confrontation clause is violated when court admitts into evidence tape-recorded statements of unavailable co-defendant's implicating defendant in murder trial.
Criminal Law and Procedure Feb. 1, 2001
Leicester v. Warner Brothers
Movie studio did not infringe copyright by filming towers that were part of architectural work.
Intellectual Property Feb. 1, 2001