| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
99-36033
|
Arco Environmental Remediation v. Department of Health and Environmental Quality
CERCLA does not pre-empt Montana law creating cause of action for access to public documents relating to superfund cleanup. |
Environmental Law |
|
Aug. 5, 2000 | |
|
98-35466
|
Akiak Native Community v. U.S. Postal Service
Parties challenging project's consistency with state and federal environmental programs must show compelling reason why court should set aside project. |
Environmental Law |
|
Aug. 5, 2000 | |
|
98-50774
|
U.S. v. Ramirez-Cortez
Blanket continuances not supported by adequate findings on record violate Speedy Trial Act. |
Criminal Law and Procedure |
|
Aug. 5, 2000 | |
|
98-70663
|
Singh v. INS
BIA may not rely on previously unannounced evidentiary standard to deny motion to reopen in absentia deportation proceeding. |
Immigration |
|
Aug. 5, 2000 | |
|
98-35412
|
Washington Initiatives Now v. Ripple
Washington law, which requires disclosure of names, addresses and salaries of persons paid to collect signatures on initiative petitions, is unconstitutional. |
Government |
|
Aug. 5, 2000 | |
|
98-15143, 98-15317 and 98-15407
|
Secular Organizations for Sobriety Inc. v. Ullrich
Self-help organization does not establish secondary meaning in its mark that is sufficient to exclude use of nearly identical mark. |
Intellectual Property |
|
Aug. 5, 2000 | |
|
99-15642
|
United States v. Alameda Gateway Ltd.
Under Rivers and Harbors Act, federal government is entitled to recover cost of removing private improvements that obstruct navigable waters. |
Government |
|
Aug. 5, 2000 | |
|
98-17128
|
Arab Money Fund v. Hashim (In re Hashim)
Absent grave procedural irregularities or fraud allegations, bankruptcy court must grant comity to foreign judgment. |
Bankruptcy |
|
Aug. 5, 2000 | |
|
99-10496
|
U.S. v. Harrison
Defendant's ongoing representation by attorney, although that representation began before indictment, invokes right to counsel once that right attaches at time of indictment. |
Criminal Law and Procedure |
|
Aug. 5, 2000 | |
|
98-70783
|
Beltran-Tirado v. INS
Use of false Social Security number to further otherwise legal behavior is not crime of 'moral turpitude' under Immigration and Nationality Act. |
Immigration |
|
Aug. 5, 2000 | |
|
98-71377
|
Bresson v. Commissioner of Internal Revenue
State does not have power to set limitations period on claims acquired by United States in its governmental capacity. |
Government |
|
Aug. 5, 2000 | |
|
98-16698
|
Daviton v. Columbia/HCA Healthcare Corp.
Order |
|
Aug. 5, 2000 | ||
|
99-50567
|
U.S. v. Wallace
Evidence wrongfully suppressed when obtained pursuant to consent of driver lawfully stopped for traffic violation. |
Criminal Law and Procedure |
|
Aug. 5, 2000 | |
|
97-70548
|
Castillo-Perez v. INS
Alien entitled to relief from deportation is not preclued from applying for it by failing to meet formal administrative pleading and proof requirements. |
Immigration |
|
Aug. 5, 2000 | |
|
99-30269
|
U.S. v. Juvenile Male
Mistake of age is no defense when charged with engaging in sexual act with person under 12 years old. |
Juveniles |
|
Aug. 5, 2000 | |
|
98-70547
|
Avetova-Elisseva v. INS
In asylum proceedings, well-founded fear of persecution, if supported by substantial evidence, may justify granting asylum or withholding of deportation. |
Immigration |
|
Aug. 5, 2000 | |
|
98-56251
|
Tuan Van Tran v. Lindsey
Under Antiterrorism and Effective Death Penalty Act, federal court must apply clearly erroneous standard when reviewing habeas petitioner's challenge. |
Criminal Law and Procedure |
|
Aug. 5, 2000 | |
|
98-56585
|
Jankey v. Twentieth Century Fox Film Corp.
Certain categories of facilities are exempt from compliance with Americans with Disabilities Act if they are not open to general public. |
Civil Rights |
|
Aug. 5, 2000 | |
|
99-50414
|
United States v. Pacheco-Medina
Evidence of entry is required to support conviction for federal crime of being found in United States following deportation. |
Immigration |
|
Aug. 5, 2000 | |
|
98-15280
|
Sulit v. Schiltgen
Immigration and Naturalization Services' failure to follow its own procedural rules for rescinding an individual's adjustment of status does not preclude deportation. |
Immigration |
|
Aug. 5, 2000 | |
|
98-70894
|
Maini v. INS
Asylum seekers from interfaith family prove past persecution on account of religion even though persecutors are from multi-religious political party. |
Immigration |
|
Aug. 5, 2000 | |
|
B132056
|
People v. Brewer
Officer's attempt to obtain consent to search does not require Miranda warning, whether or not defendant is in custody. |
Criminal Law and Procedure |
|
Aug. 5, 2000 | |
|
A084367
|
Naegele v. R.J. Reynolds Tobacco Co.
Individuals diagnosed with lung cancer before statute gave right to sue cannot maintain tort action against tobacco manufacturers. |
Torts |
|
Aug. 5, 2000 | |
|
C031783
|
Ball v. GTE Mobilnet of California
Federal Communications Act of 1995 pre-empts state-law challenges to noncommunication air time cellular charges. |
Administrative Agencies |
|
Aug. 5, 2000 | |
|
99-50567
|
U.S. v. Wallace
Evidence wrongfully suppressed when obtained pursuant to consent of driver lawfully stopped for traffic violation. |
Criminal Law and Procedure |
|
Aug. 5, 2000 | |
|
98-70211
|
Mendenhall v. National Transportation Safety Board
Under Equal Access to Justice Act, government's bad faith isn't adequate basis for market-rate reimbursement of attorney fees incurred in administrative hearings. |
Civil Procedure |
|
Aug. 5, 2000 | |
|
B128724
|
Lindstrom v. The Hertz Corporation
Car rental company does not have duty to determine lessee's familiarity with California's traffic rules. |
Torts |
|
Aug. 5, 2000 | |
|
98-71358
|
Coady v. Commissioner of Internal Revenue
Plaintiff cannot avoid taxation of recovery for back pay and benefits by diverting it to counsel as contingency fee. |
Taxation |
|
Aug. 5, 2000 | |
|
99-15361
|
Dunleavy v. Nadler
In class action, proposed settlement filed before Private Securities Litigation Reform Act's effective date may be reviewed under methodology mandated by statute. |
Securities |
|
Aug. 5, 2000 | |
|
98-71469
|
Escobar-Grijalva v. INS
Failure to allow alien to select her own counsel during asylum hearing violates due process. |
Immigration |
|
Aug. 5, 2000 |