| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
97-30324
|
U.S. v. Gergen
Defendant must be aware of illegal characteristics of firearm in order for conviction for possession of unregistered shotgun to stand. |
Criminal Law and Procedure |
|
Jun. 19, 2000 | |
|
98-71388
|
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 | |
|
97-30264
|
U.S. v. Barragan-Mendoza
District court can't modify defendant's sentence more than seven days after its imposition. |
Criminal Law and Procedure |
|
Jun. 19, 2000 | |
|
95-35630
|
Preblich v. Battley
To challenge the denial of an exemption claim, a debtor must file an appeal within 10 days of the order denying the claim. |
Bankruptcy |
|
Jun. 19, 2000 | |
|
98-30118
|
U.S. v. Hall
Court's continuance to permit a codefendant's plea negotiations does not toll Speedy Trial Act. |
Criminal Law and Procedure |
|
Jun. 19, 2000 | |
|
98-0130
|
Haddad v. State of California
State sovereign immunity doesn't bar suit that seeks to prevent highway patrol officer from executing state court judgment. |
Government |
|
Jun. 19, 2000 | |
|
98-35133
|
Axess International Ltd. v. Intercargo Insurance Co.
Misdelivery of goods is a 'transportation-related activity,' and nonvessel operating common carrier's surety is required to honor its bond. |
Maritime Law |
|
Jun. 19, 2000 | |
|
98-35545
|
Russell v. U.S. Dept. of the Army
Claims against federal government under Family and Medical Leave Act are pre-empted by sovereign immunity. |
Government |
|
Jun. 19, 2000 | |
|
97-35822
|
Allstate Indemnity Co. v. Stump
Amended opinion |
Civil Procedure |
|
Jun. 19, 2000 | |
|
97-30157
|
U.S. v. Garcia-Sanchez
Scope of defendant's involvement in conspiracy must be determined before contributing all conspiracy sales to defendant. |
Criminal Law and Procedure |
|
Jun. 19, 2000 | |
|
97-36102
|
Furman v. Wood
No due process violation occurs when a defendant ineligible for the death penalty is tried before a death-qualified jury. |
Criminal Law and Procedure |
|
Jun. 19, 2000 | |
|
96-30065
|
United States v. Ahumada-Aguilar
A child born in Mexico to an unmarried Mexican woman and an American man who hasn't acknowledged paternity is a U.S. citizen. |
Immigration |
|
Jun. 19, 2000 | |
|
97-30201
|
U.S. v. Hernandez
For prosecution of alien illegally found in United States after deportation, venue is where alien first discovered and illegality of presence known. |
Criminal Law and Procedure |
|
Jun. 19, 2000 | |
|
98-36151 and 98-36152
|
Greater Yellowstone Coalition v. Babbit
Order |
|
Jun. 19, 2000 | ||
|
98-3638
|
Bankruptcy Recovery Network v. Brown (In re Brown)
Order sanctioning secured creditor for violating a debtor's discharge injunction through postdischarge reaffirmation efforts is premature. |
Bankruptcy |
|
Jun. 19, 2000 | |
|
97-35680 and 97-36008
|
Washington v. Daley
Claims challenging regulations which allocate fishery harvesting to Indian tribes isn't mooted by end of fishing season. |
Environmental Law |
|
Jun. 19, 2000 | |
|
99-1625
|
Tangipahoa Parish Board of education v. Freiler
Order |
|
Jun. 19, 2000 | ||
|
98-1836
|
U.S. Healthcare Systems v. PA Hosp. Ins. Co.
Order |
|
Jun. 19, 2000 | ||
|
99-937
|
Motel 6 Operating v. Huttinger
Order |
|
Jun. 19, 2000 | ||
|
97-35395
|
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 | |
|
98-70150
|
Yoshikawa v. SEC
Substantial evidence is required to find that securities dealer engaged in sham transactions, known as 'parking,' to conceal true ownership. |
Securities |
|
Jun. 19, 2000 | |
|
97-30388
|
U.S. v. Burdeau
Permission to withdraw an already accepted guilty plea can be given for 'any fair and just reason.' |
Criminal Law and Procedure |
|
Jun. 19, 2000 | |
|
96-36017, 96-36266 and 96-36267
|
Lambert v. Ackerly
Employees fired for complaining informally of overtime violations don't have retaliation claim under Fair Labor Standards Act. |
Labor Law |
|
Jun. 18, 2000 | |
|
98-35
|
Morris-Smith v. Moulton Niguel Water District
Attorney fees under Clean Water Act may be awarded when district court finds plaintiff's claims were frivolous, unreasonable, or without foundation. |
Civil Procedure |
|
Jun. 18, 2000 | |
|
98-71388 and 99-35013
|
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. 18, 2000 | |
|
97-35019
|
McHugh v. Service Automobile Assoc.
Mudslide provision in standard flood insurance policy includes losses resulting from mudflow. |
Insurance |
|
Jun. 18, 2000 | |
|
97-35464
|
Marcy v. Delta Airlines
Proof of employer's bad faith through pretext isn't required under the Montana Wrongful Discharge from Employment Act. |
Employment Law |
|
Jun. 18, 2000 | |
|
97-35729
|
Ingham v. U.S.
Income taxes must be paid on capital gain from property transfer to third person to satisfy property settlement after divorce. |
Taxation |
|
Jun. 18, 2000 | |
|
98-30034
|
U.S. v. Park
Under Federal Sentencing Guidelines, enhancements are properly imposed for brandishing firearm during robberies. |
Criminal Law and Procedure |
|
Jun. 18, 2000 | |
|
97-35627
|
Sokolow v. U.S.
Taxpayer must sue for refund to challenge validity of income tax liability which is barred by statute of limitations. |
Taxation |
|
Jun. 18, 2000 |