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Name Category Published
Muckleshoot Indian Tribe v. U.S. Forest Service
Failure of U.S. Forest Service to meet requirements of National Environmental Policy Act and National Historic Preservation Act requires injunction and new evidentiary hearing.
Environmental Law Jun. 19, 2000
Yakama Indian Nation v. State of Washington Department of Revenue
State doesn't consent to suit by Indian tribe by depositing proceeds of contraband cigarette sales in county registry and asserting sovereign immunity in responsive pleading.
Native American Affairs Jun. 19, 2000
McGregor v. National Railroad Passenger Corp.
In action under American with Disabilities Act, dispute among parties over availability of alternate positions as reasonable accommodation precludes summary judgment.
Employment Law Jun. 19, 2000
Ingram v. Martin Marietta Long Term Disability Income Plan for Salaried Employees of Transferred GE Operations
ERISA plan administrator did not abuse discretion in denying benefits when medical reports indicated claimant was feigning mental disability.
Employment Law Jun. 19, 2000
Ribbens v. Transport International Pool Inc.
Under Federal Rules of Civil Procedure, issuance of bond staying judgment pending appeal does not extinguish existing levy on writ of execution.
Civil Procedure Jun. 19, 2000
Fink v. Gomez
Order
Jun. 19, 2000
Northern Montana Health Care Center v. NLRB
Union's demand for recognition or its organizing efforts doesn't support 'good faith doubt' of successor employer regarding union's continued majority support.
Labor Law Jun. 19, 2000
Hoefer v. Flour Daniel Inc.
California's False Claims Act doesn't protect federal whistleblowers from retaliation.
Government Jun. 19, 2000
Gorbach v. Reno
It is within the Attorney General's authority under statutory law to reopen and revoke naturalization orders.
Immigration Jun. 19, 2000
Noriega-Perez v. U.S.
Separation of powers isn't violated when an administrative law judge presides over immigration document fraud case and imposes a civil fine.
Immigration Jun. 19, 2000
MacFarlane v. Walter
Policy giving pre-sentence detainees less good conduct credits than defendants released on bail while awaiting sentencing, violates equal protection clause.
Criminal Law and Procedure Jun. 19, 2000
U.S. v. Covarrubias
Suspect's right to counsel is violated when questioned about transporting illegal alien where he already has attorney for kidnapping charge involving same alien.
Criminal Law and Procedure Jun. 19, 2000
Lambert v. Ackerley
Employees fired for complaining to employer about statutory overtime violations have retaliation claim under Fair Labor Standards Act.
Labor Law Jun. 19, 2000
U.S. v. Burdeau
Order
Jun. 19, 2000
Tackett v. Apfel
Vocational expert is required to determine whether social security applicant is disabled when his type of nonexertional limitations weren't contemplated by the agency.
Administrative Agencies Jun. 19, 2000
U.S. v. Palmer
Statute forbidding use of conviction where defendant's civil rights are restored overrides counting provision in United States Sentencing Guidelines.
Criminal Law and Procedure Jun. 19, 2000
U.S. v. Yankowski
Government's failure to prove extortionate purpose mandates vacating conviction for Hobbs Act violation.
Criminal Law and Procedure Jun. 19, 2000
Lord v. Wood
Failure to interview and call witnesses who saw victim alive after she was last seen with defendant is ineffective assistance of counsel.
Criminal Law and Procedure Jun. 19, 2000
Binder v. Gillespie
Presumption of reliance isn't available regarding alleged misrepresentations when security isn't traded in 'efficient market.'
Securities Jun. 19, 2000
U.S. v. George
In determining length of sentence for supervised-release revocation, U.S. Sentencing Guidelines' policy statements are not binding.
Criminal Law and Procedure Jun. 19, 2000
Golt v. United States
Civil Service Reform Act pre-empts wrongful termination claim, despite government's failure to follow its provisions.
Employment Law Jun. 19, 2000
U.S. v. Crawford
Proximity to school isn't relevant conduct for purposes of offense guideline for drug crime when all counts charging school proximity are dismissed.
Criminal Law and Procedure Jun. 19, 2000
Hajek v. Burlington Northern Railroad Co.
Without express consent by all parties to authority of federal magistrate judge, the magistrate judge lacks authority to enter judgment.
Civil Procedure Jun. 19, 2000
Farr v. NC Machinery Co.
In admiralty negligence action, captain's failure to exercise reasonable care for his own safety isn't superseding intervening cause that extinguishes mechanic's liability.
Torts Jun. 19, 2000
U.S. v. McIver
Electronic tracking devices placed on automobiles by police isn't a Fourth Amendment violation.
Criminal Law and Procedure Jun. 19, 2000
Adair v. City of Kirkland
Police officers' failure to object to lack of compensation for preshift briefings was not unambiguous evidence that they believed briefings were compensated.
Employment Law Jun. 19, 2000
Baja v. Duchjarme
Evidentiary hearing on federal habeas petition isn't required when petitioner failed to raise factual issues in state court.
Criminal Law and Procedure Jun. 19, 2000
United States v. Kitsap Physicians Services
False Claims Act suit may proceed against defendants whose alleged wrongdoing hasn't been disclosed in media.
Government Jun. 19, 2000
In Re Vizcaino v. U.S. District Court (Microsoft Corp.)
After decision on the merits, court can't redefine class on account of 'unusual circumstances.'
Civil Procedure Jun. 19, 2000
Binder v. Gillespie
Presumption of reliance isn't available regarding alleged misrepresentations when security isn't traded in 'efficient market.'
Securities Jun. 19, 2000