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Name Category Published
Socop-Gonzalez v. INS
Order
Jan. 4, 2001
Robinson v. Solano County
Though officer holding gun to suspect's head is excessive use of force, whether it was reasonable under circumstances is genuine issue of material fact.
Government Jan. 4, 2001
John Deere Insurance Co. v. Nueva
Under endorsement to insurance policy, insurer must indemnify permissive user of non-covered autos for injuries caused to third party.
Insurance Jan. 4, 2001
Hooks v. Clark County School District
Individuals with Disabilities Act gives states discretion to determine whether lawful home education constitutes an IDEA-qualified private school.
Education Jan. 4, 2001
Tagaga v. INS
Soldier who flees country after refusing to participate in race-based persecution may qualify for refugee status.
Immigration Jan. 4, 2001
U.S. v. Holt
Fourth Amendment is violated when officer questions accused about presence of weapons in vehicle is not precipitated by reasonable suspicion;
Criminal Law and Procedure Jan. 4, 2001
Bugenig v. Hoopa Valley Tribe
Indian tribe cannot regulate timber harvesting on fee-patented private property owned by non-tribe members within reservation boundary.
Native American Affairs Jan. 4, 2001
U.S. v. Jackson
Court has no authority to order convicted embezzler to 'cash out' undistributed pension plan funds to comply with restitution order.
Criminal Law and Procedure Jan. 4, 2001
Salaam v. INS
Immigration Board erred in questioning credibility of petitioner and requiring additional corroborating evidence of political persecution.
Immigration Jan. 4, 2001
U.S. v. Boone
Admitting into evidence tape recording of statements against interest taken by girlfriend/co-conspirator does not violate accused's rights under confrontation clause.
Criminal Law and Procedure Jan. 4, 2001
U.S. v. Ruiz
Motion to withdraw guilty plea should be analyzed under 'fair and just reason' standard.
Criminal Law and Procedure Jan. 4, 2001
Z-Seven Fund Inc. v. Motorcar Parts & Accessories
Order appointing 'lead plaintiff' in securities fraud class action is not 'collateral order' from which interlocutory appeal can be taken.
Civil Procedure Jan. 4, 2001
U.S. v. Derington
Striking of testimony is sufficient sanction for prosecution's failure to disclose a conversation to the defense.
Criminal Law and Procedure Jan. 4, 2001
Powers v. Eichen
Unnamed member of class action who fails to intervene is entitled to appeal award of attorney fees.
Civil Procedure Jan. 4, 2001
Berg v. Good Samaritan Hospital (In re Berg)
Attorney who files for bankruptcy is not permitted an automatic stay of court sanction for unprofessional conduct.
Bankruptcy Jan. 4, 2001
US v. Hay
Search of defendant's entire computer system based on child pornography that was transmitted six months prior is reasonable.
Criminal Law and Procedure Jan. 4, 2001
U.S. v. Willard
Sentencing guidelines do not authorize offense-level adjustment for abuse of trust in mother-daughter relationship.
Criminal Law and Procedure Jan. 4, 2001
Sassounian v. Roe
Murderer's conviction is upheld, but juror misconduct warrants relief on special circumstances finding.
Criminal Law and Procedure Jan. 4, 2001
Estate of Hilda Ashman v. IRS
Taxpayer may not take inconsistent postions about the same facts in different years in order to benefit in each of those years.
Taxation Jan. 4, 2001
U.S. v. Hancock
Statute prohibiting persons convicted of domestic violence from possessing firearms is constitutional.
Criminal Law and Procedure Jan. 4, 2001
Wyler Summit Partnership v. Tuner Broadcasting System Inc.
Film director who received percentage of gross in installments may waive installment provision if it was included for his sole benefit.
Contracts Jan. 4, 2001
Nippon Miniature Bearing Corp. v. U.S. Customs Service
District Court errs in deciding it lacked jurisdiction to hear challenge to U.S. Customs seizure and forfeiture actions.
Civil Procedure Jan. 4, 2001
Nakaranurack v. U.S.
Alien ordered deported for violating drug laws need not file for direct review of Board of Immigration Appeals' decision before filing habeas petition.
Immigration Jan. 4, 2001
Person v. Cooney
State's redistricting plan may have diluted voting strength of Native Americans.
Government Jan. 4, 2001
Caldwell v. Enstrom Helicopter Corp.
Court erred in holding that revised flight manual cannot be new system within meaning of General Aviation Revitalization Act.
Civil Procedure Jan. 4, 2001
Association of Mexican-American Educators v. California
Court holds Title VII applies to California Basic Education Skills Test and that test was properly validated.
Administrative Agencies Jan. 4, 2001
Anderson v. Dept. of the Interior
Claimant who failed to show colorable constitutional claim and demonstrate further administrative proceedings would be futile is not excepted from exhaustion requirements.
Civil Procedure Jan. 4, 2001
Ecological Rights Foundation v. Pacific Lumber Co.
Environmental groups may sue on behalf of members whose aesthetic and recreational interests were harmed by creek pollution.
Environmental Law Jan. 4, 2001
U.S. v. Patterson
When supervised release is imposed as part of sentence then revoked, resulting confinement is 'by virtue of' original conviction.
Criminal Law and Procedure Jan. 4, 2001
U.S. v. Howell
Court does not err in failing to hold evidentiary hearing before admitting confession or in denying mistrial.
Criminal Law and Procedure Jan. 4, 2001