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Name Category Published
U.S. v. Ciccone
Evidence relating to victims' uninformed opinions that telemarketing scheme is legitimate, propounded by accused to rebut specific intent element of wire fraud is properly excluded.
Criminal Law and Procedure Oct. 5, 2000
Omega Environmental Inc., v. Valley Bank NA (In re Omega Environmental Inc.)
Under the UCC, bank perfects its security interest in certificate of deposit by possession.
Bankruptcy Oct. 5, 2000
Union Pacific Railroad Co. v. Mower
Under Oregon law, former employee's implied duty of confidentiality is superseded by unambiguous terms of resignation agreement.
Employment Law Oct. 5, 2000
Abovian v. INS
Due process requires BIA denials of asylum to be supported by credibility findings that offer specific, cogent reasons for any stated disbelief.
Immigration Oct. 5, 2000
U.S. v. Ruelas-Arreguin
Venue is proper both where alien is seen and arrested, and in district where illegal entry is made.
Immigration Oct. 5, 2000
Firestone v. Southern California Gas Co.
Federal law pre-empts state law claim for time-and-a-half of regular hourly rate for hours worked beyond eight in one day.
Labor Law Oct. 5, 2000
Kibler v. Walters
Prisoner doesn't exhaust federal constitutional claim in motion for discretionary review when claim was only referenced in brief submitted to lower court.
Criminal Law and Procedure Oct. 5, 2000
Gorbach v. Reno
Attorney General's new regulation providing for administrative denaturalization is void without statutory authority.
Immigration Oct. 5, 2000
Kennedy v. Southern California Edison Company
Causation jury instruction mandated for asbestos-related cases is applicable to nuclear radiation-related wrongful death action.
Torts Oct. 5, 2000
Sidhu v. INS
Adverse credibility finding withstands appellate review where applicant's credibility is questioned and applicant fails to produce corroborating evidence.
Immigration Oct. 5, 2000
United States v. Dunifer
District court lacks jurisdiction to adjudicate broadcaster's claim that FCC licensing regulations are unconstitutional.
Government Oct. 5, 2000
Estate of Macias v. DLJ/MJ Mark IHDE
Court errs in assuming that murder, and not equal protection, is constitutional deprivation on which civil rights action is based.
Civil Rights Oct. 5, 2000
U.S. v. Doe
Government's failure to notify parents of juvenile's right to remain silent is cause to suppress confession of juvenile.
Criminal Law and Procedure Oct. 5, 2000
Braunling v. Countrywide Home Loans Inc.
Disabled worker who is not qualified for present position, with or without reasonable accommodation, may not maintain ADA claim.
Employment Law Oct. 5, 2000
Larita-Martinez v. INS
Failure to rebut presumption that BIA took supplemental information into consideration is basis for denial of review of its decision.
Immigration Oct. 5, 2000
U.S. v. Magallon-Jimenez
Cocaine found lodged between passenger's feet in vehicle involved in drug transaction indicates knowledge, possession and intention to distribute drugs.
Criminal Law and Procedure Oct. 5, 2000
Turin & Sons Inc. v. Commissioner of Internal Revenue
Emulsified asphalt cannot be stored as inventory, and is therefore not 'merchandise' within scope of Treasury regulations.
Taxation Oct. 5, 2000
U.S. v. Cormier
Motel guest has no reasonable expectation of privacy in guest registration records.
Criminal Law and Procedure Oct. 5, 2000
U.S. v. Musa
Court does not abuse its discretion by imposing sentence that departs from range listed in Sentencing Commission's policy statement.
Criminal Law and Procedure Oct. 5, 2000
Chouchkov v. INS
Rebuttable presumption of fear of persecution is created when alien fears for own life after opposing nuclear materials deal between Russia and Iran.
Immigration Oct. 5, 2000
Alarcon-Serrano v. INS
Alien who is found inadmissible or deportable for committing crime has no right to appeal order.
Immigration Oct. 5, 2000
Bateman v. U.S. Postal Service
Attorney 's negligent failure to meet filing deadline is excusable neglect, relieving client of final judgment that grants opposing party's motion for summary judgment.
Civil Procedure Oct. 5, 2000
Cedic Development Co. v. Warnicke
Rates that do not take into account results obtained or risk of nonpayment warrant enhancement of lodestar to provide attorneys reasonable compensation.
Bankruptcy Oct. 5, 2000
U.S. v. Lindberg
To recover expenses for prosecutorial misconduct, defendant must show more than substantially unjustified position by government.
Criminal Law and Procedure Oct. 5, 2000
U.S. v. Bennett
Government wiretap application for drug conspiracy investigation shows sufficient necessity despite undercover agent's questionable credibility.
Criminal Law and Procedure Oct. 5, 2000
U.S. v. Enas
Order
Oct. 5, 2000
Guinness Peat Group v. Gould
Order
Oct. 5, 2000
People v. Marjanian
Review granted
Criminal Law and Procedure Oct. 5, 2000
Kibler v. Walters
Prisoner doesn't exhaust federal constitutional claim in motion for discretionary review when claim was only referenced in brief submitted to lower court.
Criminal Law and Procedure Oct. 5, 2000
People v. Cervantes
Order
Oct. 4, 2000