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Name Category Published
Delgado v. Lewis
Claim of ineffective assistance of counsel is upheld when counsel files brief claiming no non-frivolous issues exist and court certifies to contrary.
Criminal Law and Procedure Nov. 2, 2000
Jensen v. Lane County
Private psychiatrist working with County in complex and deeply intertwined process of evaluating and detaining allegedly mentally ill individuals is state actor.
Government Nov. 2, 2000
EEOC v. Dinuba Medical Clinic
Criminal complaint for assault and battery may form basis of unlawful retaliation claim in violation of Title VII.
Employment Law Nov. 2, 2000
U.S. v. Nerber
Fourth Amendment protects citizens from secret video surveillance in another person's hotel room without warrant or consent of participant in monitored activity.
Criminal Law and Procedure Nov. 2, 2000
U.S. v. Cabrera
Admitting lead witness's improper references to defendants' national origin is plain error.
Criminal Law and Procedure Nov. 2, 2000
Shumway v. Payne
Jury instruction in murder trial that splits the act and mental state between two defendants is harmless error because it is in accord with Washington law.
Criminal Law and Procedure Nov. 2, 2000
Beaty v. CAS BET Holdings Inc.
Remand warranted when record of whether court exercised its discretion in decision not to reduce award of attorney fees below lodestar amount is ambiguous.
Civil Procedure Nov. 2, 2000
K F Dairies Inc. & Affiliates v. Fireman's Fund Insurance Co.
Company's comprehensive general liability insurance must provide coverage because damage occurred within policy period and before state made its claim.
Insurance Nov. 2, 2000
U.S. v. Henke
Joint defense privilege agreement that prevents accused from cross-examining witness is conflict court must address.
Criminal Law and Procedure Nov. 2, 2000
U.S. v. Tadeo
Cour does not abuse its discretion by imposing sentence greater than one suggested by sentencing guideline's policy statements.
Criminal Law and Procedure Nov. 2, 2000
Poole v. Smith (In Re Poole)
Attorney admitted to practice in federal district court may not be denied fees for not being member of that state's bar.
Bankruptcy Nov. 2, 2000
U.S v. Ertsgaard
Commercial fisherman's violations of individual fishing quota regulations developed by Northern Pacific Fishery Management Council are subject to prosecution under Lacey Act.
Environmental Law Nov. 2, 2000
Ellis v. Armenakis
Prisoner whose state claim is barred by procedural rules also has no federal claim.
Criminal Law and Procedure Nov. 2, 2000
Lim v. INS
Alien who receives death threats but carries on without harm and without fleeing for six years doesn't demonstrate past persecution.
Immigration Nov. 2, 2000
U.S. v. 103 Electronic Gambling Devices
Technologic aids to bingo are not gambling devices under Johnson Act.
Gaming Nov. 2, 2000
U.S. v. Lavender
Screwdriver carried during bank robbery is a dangerous weapon for purposes of sentence enhancement, whether or not its use is intended.
Criminal Law and Procedure Nov. 2, 2000
Andreiu v. Reno
Illegal Immigration Reform and Immigrant Responsibility Act's limit on power to enjoin removal of alien applies to stays of removal.
Immigration Nov. 2, 2000
County of Los Angeles v. U.S. District Court (Forsyth)
Plaintiff law firm in police brutality case isn't disqualified when partner presided over settlement negotiations of similar case with same defendants five years earlier.
Attorneys Nov. 2, 2000
Quigg Brothers-Schermer Inc., v. Commercial Union Insurance
Claims for damage to barge that are payable under hull policy as 'sue and labor' expenses are excepted from 'protection and indemnity' policy.
Insurance Nov. 2, 2000
Green v. White
Antiterrorism and Effective Death Penalty Act's one year time limitation is not per se violation of Suspension Clause.
Criminal Law and Procedure Nov. 2, 2000
California Dental Assn. v. Federal Trade Commission
Federal Trade Commission fails to prove that advertising restrictions imposed on dentists by California Dental Assn. are anticompetitive.
Administrative Agencies Nov. 2, 2000
U.S. v. Tiong
Car spotted in area regularly used for crime gives rise to reasonable suspicion to justify stop.
Criminal Law and Procedure Nov. 2, 2000
Adams v. Anderson (In re Superior Stamp & Coin Co. Inc.)
Third party loan to debtor specified for repayment of particular debt doesn't fall outside scope of 'earmarking doctrine' because not paid directly to creditor.
Bankruptcy Nov. 2, 2000
U.S. v. Edwards
Prosecutor who links accused to drugs after tampering with evidence already admitted at accused's prior trial prejudicies accused.
Criminal Law and Procedure Nov. 2, 2000
Kotlar v. Hartford Fire Insurance Co.
Commercial insurer is required to notify all insureds of policy cancellation or continue coverage even in absence of premium payments.
Contracts Nov. 2, 2000
In re Vargas
Defendant who may have been coerced to accept plea by attorney unable to proceed to trial may have been prejudiced.
Criminal Law and Procedure Nov. 2, 2000
Kirchmann v. Lake Elsinore Unified School District
School district that has fiscal and political connection with state may not be sued under federal law.
Education Nov. 2, 2000
United Farm Workers of America, AFL-CIO v. Dutra Farms
Agricultural employer may not pay committee to influence employees in exercise of their rights to organize.
Labor Law Nov. 2, 2000
Cedars-Sinai Imaging Medical Group v. Moore
Waiver of notice of court's ruling doesn't waive issuance and service of order to show cause in contempt proceeding.
Civil Procedure Nov. 2, 2000
People v. Frontier Insurance Co.
Court does not lose jurisdiction over forfeiture of bail when it continues case of accused who fails to appear for jury's reading of verdict.
Criminal Law and Procedure Nov. 2, 2000