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Name Category Published
U.S. v. Hicks
Creating false tax returns is sufficient evidence to support conviction for making false statement to federally insured financial institution.
Criminal Law and Procedure Jul. 30, 2000
National Environmental Waste Corp. v. Stephens Berg & Lasaster
State statue of limitations is extended for corporation in reorganization when recovery of claim will substantially benefit estate.
Bankruptcy Jul. 27, 2000
Niedle v. WCAB
Order
Jul. 27, 2000
Diamond v. City of Taft
First Amendment not violated when city ordinance provides sufficient alternative avenues of communication.
Constitutional Law Jul. 26, 2000
Arrow Electronics Inc. v. Justus (In re Kaypro)
Credit manager's declaration that restructuring agreements are common industry practice raises triable issue as to disputed ordinary course of business exception.
Bankruptcy Jul. 24, 2000
U.S. v. Barrios-Gutierrez
Court commits reversible error by giving maximum possible sentence but not taking a position on whether sentence enhancement applies when guilty plea entered.
Criminal Law and Procedure Jul. 24, 2000
Kozulin v. INS
One who fails to qualify for asylum necessarily fails to make a claim under the stiffer standard of withholding of deportation.
Immigration Jul. 24, 2000
Aleman v. Glickman
Providing food stamps to widowed aliens, but not to divorced aliens, does not violate equal protection of Due Process Clause.
Government Jul. 24, 2000
Eisinger v. Federal Labor Relations Authority
FLRA ruling denying person standing to file petitions for clarification or amendment of unit determination that contravenes relevant statute is an error.
Labor Law Jul. 24, 2000
U.S. v. Clark
Plea agreement precluding prosecution of additional charges connected to investigation doesn't preclude subsequent prosecution for unconnected crimes.
Criminal Law and Procedure Jul. 24, 2000
Portland General Electric Company v. HA U.S. Bank Trust National Association
Oregon law, not Federal Arbitration Act, governs challenge to final appraisal decision issued pursuant to commercial contract which specified state law as controlling.
Contracts Jul. 24, 2000
Columbia River People's Utility District v. Jo Portland General Electric Co.
Condemnation by governmental entity is not business or commercial transaction under Sherman Antitrust Act.
Real Property Jul. 24, 2000
Couveau v. American Airlines Inc.
Where district court's reasoning for granting summary judgment is absent from record, order cannot be affirmed based on plaintiff's violation of local rule.
Civil Procedure Jul. 24, 2000
Kuns v. City of Ukiah
Whether premature cutting off of family's electrical power caused fire is question of fact for jury.
Government Jul. 20, 2000
Betacom of Phoenix Inc. v. Nugent
Court abuses discretion in denying extension for filing notice of appeal when based on stringent 'special circumstances' standard.
Bankruptcy Jul. 19, 2000
Pham v. AT&T Universal Card Service Inc. (In re Pham)
Court has discretion of assignment when creditors fail to detail breakdown of attorney fees between contract and nondischargeability issues.
Bankruptcy Jul. 19, 2000
Drummond v. Cavanagh (In re Cavanagh)
Fact that Debtor's charitable contribution is reasonably necessary for maintenance and support does not render Debtor's purpose for the contribution irrelevant.
Bankruptcy Jul. 19, 2000
U.S. v. Reyes-Platero
Court has jurisdiction to hear appeal of Mexican national who pleaded guilty to being deportable but was not informed about right to contact consulate.
Immigration Jul. 19, 2000
El Paso City of Texas v. America West Airlines Inc. (In re America West Airlines Inc.)
City's avoidable lien is not enforceable against a bona fide purchaser who existed at time debtor's case began.
Bankruptcy Jul. 19, 2000
Compton Impressions Ltd. v. Queen City Bank
Debtor is not entitled to surcharge bank for expenses incurred in completing real estate project after defaulting on loans.
Bankruptcy Jul. 19, 2000
Cornejo-Barreto v. Seifert
Individual facing extradition who is making torture claim may seek review of extradition through habeas petition.
Criminal Law and Procedure Jul. 19, 2000
Schell v. Witek
Sixth Amendment requires inquiry into potentially 'irreconcilable conflict' between criminal attorney and client.
Criminal Law and Procedure Jul. 19, 2000
Paine v. Dickey (In re Paine)
Debtor has no standing to appeal reopening of case.
Bankruptcy Jul. 19, 2000
U.S. v. Estrada-Macias
Mere presence at the scene of a crime or knowledge that a crime is being committed is insufficient to show participation in conspiracy.
Criminal Law and Procedure Jul. 19, 2000
Devereaux v. Perez
Issue of qualified immunity not reached in due process case that fails to identify violation of a cognizable right.
Torts Jul. 19, 2000
Robinson v. Solano County
Though officer holding gun to suspect's head is excessive use of force, whether it was reasonable under circumstances is a genuine issue of material fact.
Government Jul. 19, 2000
Birth Hope Adoption Agency v. Arizona Health Care Cost Containment System
Commerce Clause is violated when statute imposes reimbursement costs for state-subsidized care of babies adopted by out-of-state parents.
Insurance Jul. 19, 2000
Los Angeles Alliance for Survival v. City of Los Angeles
Ordinance regarding public solicitation for immediate donation or payment of funds is content neutral and should be evaluated under intermediate scrutiny standard.
Constitutional Law Jul. 18, 2000
U.S. v. Fuchs
Jury's verdict is set aside where only some of the overt acts alleged occurred within applicable statute of limitations.
Criminal Law and Procedure Jul. 17, 2000
Gracie v. Gracie
While jury instructions given could have been more precise, denial of new trial motion was proper and not abuse of discretion.
Intellectual Property Jul. 17, 2000