| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
90-35627
|
Fetterly v. Paskett
Extensive pretrial publicity discussing factual aspects of charges doesn't require change of venue in capital case. |
Criminal Law and Procedure |
|
Jun. 14, 2000 | |
|
98-35002
|
State of Montana v. King
American Indian tribe can't regulate state's employment practices for construction work on state-owned right of way crossing tribe's reservation. |
Native American Affairs |
|
Jun. 14, 2000 | |
|
S085212
|
Obrien v. Jones
State Bar Court judges challenge amendments that would divest California Supreme Court of power to appoint three of five State Bar Court judges. |
Attorneys |
|
Jun. 14, 2000 | |
|
97-35822
|
Allstate Indemnity Co. v. Stump
Colorable issue of tribal court's jurisdiction mandates federal courts to stay case until tribal court remedies are exhausted. |
Civil Procedure |
|
Jun. 14, 2000 | |
|
98-6172
|
Shaw v. AAA Engineering & Drafting Inc.
Evidence is sufficient to support district court's award of attorney fees, costs and expenses. |
Attorneys |
|
Jun. 14, 2000 | |
|
B119466
|
People v. Parker
Order for direct restitution isn't required where victim didn't testify as to how much, if any, money was taken from her. |
Criminal Law and Procedure |
|
Jun. 14, 2000 | |
|
B119466
|
People v. Parker
Order for direct restitution isn't required where victim didn't testify as to how much, if any, money was taken from her. |
Criminal Law and Procedure |
|
Jun. 14, 2000 | |
|
96-17270
|
Delange v. Dutra Construction Co.
Construction platform worker isn't a seaman whose injuries are covered by Jones Act. |
Workers' Compensation |
|
Jun. 14, 2000 | |
|
97-35990
|
Webb v. Ada County
Court of Appeals has jurisdiction to review attorney fees awarded during remedial phase of a consent decree. |
Prisoners Rights |
|
Jun. 14, 2000 | |
|
98-35123
|
Ecology Center Inc. v. U.S. Forest Service
Monitoring by the U.S. Forest Service isn't a final, appealable agency action. |
Environmental Law |
|
Jun. 14, 2000 | |
|
96-17342
|
Balint v. Carson City
State employer may use seniority-based shift bidding system without specially accommodating Sabbath observances. |
Civil Rights |
|
Jun. 14, 2000 | |
|
97-35584
|
U.S. v. Scrivner
Use of affidavit from civil forfeiture proceeding violates right against self-incrimination when used in criminal case. |
Criminal Law and Procedure |
|
Jun. 14, 2000 | |
|
97-10385
|
U.S. v. Velez
Enhancement may not be imposed for abuse of position of trust if it is already included in the base offense level. |
Criminal Law and Procedure |
|
Jun. 14, 2000 | |
|
97-15275
|
Herb Hallman Chevrolet Inc. v. Nash-Holmes
'Overcharging' of accessory suspects as principals in indictment, not sufficient to support claim of prosecutorial misconduct. |
Civil Rights |
|
Jun. 14, 2000 | |
|
98-15137
|
Nunez v. Davis
Statement by court employee about judge's allegedly improper act is a matter of public concern and protected speech. |
Government |
|
Jun. 14, 2000 | |
|
96-17213 and 97-16506
|
Bankruptcy of Lowenschuss
Plan confirmation order is vacated based on error in determining that pension plan was not part of bankruptcy estate. |
Bankruptcy |
|
Jun. 14, 2000 | |
|
97-17333
|
Investment Materials Corporation v. First Interstate Bank of Nevada (In re Nevada Equipment Wholesalers Inc.)
Plaintiff is entitled, and has sole claim, to proceeds held in trust account resulting from sale of specific inventory. |
Bankruptcy |
|
Jun. 14, 2000 | |
|
97-35825
|
Bibeau v. Pacific Northwest Research Foundation Inc.
Order |
|
Jun. 14, 2000 | ||
|
99-1699
|
Bebensee-Wong v. Federal National Mortgage Ass'n
Relief from automatic stay appropriate when trustee's deed recorded within grace period provided by California Civil Code Section 2924h(c). |
Bankruptcy |
|
Jun. 13, 2000 | |
|
97-15789
|
Hose v. INS
District courts lack jurisdiction to consider habeas petitions challenging exclusion orders. |
Immigration |
|
Jun. 13, 2000 | |
|
96-15490
|
Charas v. Trans World Airlines, Inc.
Order |
|
Jun. 13, 2000 | ||
|
97-35642
|
Doe v. Madison School District No. 321
Policy allowing student speakers to address any subject, including religion, at graduation doesn't violate establishment clause. |
Constitutional Law |
|
Jun. 13, 2000 | |
|
98-35115
|
Slack v. Wilshire Insurance Co.
Debt in Chapter 13 bankruptcy proceeding can be liquidated even though liability is disputed. |
Bankruptcy |
|
Jun. 13, 2000 | |
|
B119466
|
People v. Parker
Order for direct restitution isn't required where victim didn't testify as to how much, if any, money was taken from her. |
Criminal Law and Procedure |
|
Jun. 13, 2000 | |
|
96-15490
|
Charas v. Trans World Airlines Inc.
Airlines Deregulation Act doesn't preempt airlines from personal injury liability caused by their tortious conduct. |
Torts |
|
Jun. 13, 2000 | |
|
96-17270
|
Delange v. Dutra Construction Co. Inc.
Order |
|
Jun. 13, 2000 | ||
|
97-30001
|
U.S. v. Timbana
Plea colloquy with a defendant with low intelligence and physical impairment, is proper when defendant confirms prosecutor's evidence. |
Criminal Law and Procedure |
|
Jun. 13, 2000 | |
|
98-15077
|
Sana v. Hawaiian Cruises Ltd.
Employee accident report created by employer's insurer is business record under Federal Rule of Evidence business record exception. |
Maritime Law |
|
Jun. 13, 2000 | |
|
98-55545
|
Dorame v. Seh (In re Dorame)
Where notice of appeal is untimely, the court lacked jurisdiction to hear appeal. |
Bankruptcy |
|
Jun. 12, 2000 | |
|
98-55597
|
National Environmental Waste Corp. v. Stephens, Berg & Lasaster (In re National Environmental Waste Corp.)
State statue of limitations is extended for corporation in reorganization when recovery of claim will substantially benefit estate. |
Bankruptcy |
|
Jun. 12, 2000 |