| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
98-10483
|
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 | |
|
98-35731
|
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 | |
|
98-36140
|
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Under Oregon law, former employee's implied duty of confidentiality is superseded by unambiguous terms of resignation agreement.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 | |
|
98-70934
|
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 | |
|
99-50213
|
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 | |
|
98-56468
|
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 | |
|
98-35536
|
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 | |
|
98-35723
|
Gorbach v. Reno
Attorney General's new regulation providing for administrative denaturalization is void without statutory authority. |
Immigration |
|
Oct. 5, 2000 | |
|
98-56157
|
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 | |
|
98-71363
|
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 | |
|
99-15035
|
United States v. Dunifer
District court lacks jurisdiction to adjudicate broadcaster's claim that FCC licensing regulations are unconstitutional. |
Government |
|
Oct. 5, 2000 | |
|
99-15662
|
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 | |
|
99-50250
|
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 | |
|
98-56929
|
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 | |
|
98-71452
|
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 | |
|
99-50561
|
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 | |
|
99-70130
|
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 | |
|
99-30182
|
U.S. v. Cormier
Motel guest has no reasonable expectation of privacy in guest registration records. |
Criminal Law and Procedure |
|
Oct. 5, 2000 | |
|
99-50183
|
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 | |
|
98-70687
|
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 | |
|
99-70578
|
Alarcon-Serrano v. INS
Alien who is found inadmissible or deportable for committing crime has no right to appeal order. |
Immigration |
|
Oct. 5, 2000 | |
|
99-15394
|
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 | |
|
99-15841
|
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 | |
|
99-10371
|
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 | |
|
97-50605
|
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 | |
|
99-10049
|
U.S. v. Enas
Order |
|
Oct. 5, 2000 | ||
|
S086444
|
Guinness Peat Group v. Gould
Order |
|
Oct. 5, 2000 | ||
|
S080497
|
People v. Marjanian
Review granted |
Criminal Law and Procedure |
|
Oct. 5, 2000 | |
|
98-35536
|
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 | |
|
S083267
|
People v. Cervantes
Order |
|
Oct. 4, 2000 |