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Name Category Published
People v. Deptowicz
Order
Jun. 14, 2000
Burlington Northern Railroad Co. v. Wolf
Tribal courts lack jurisdiction over accident occurring on right-of-way granted by Congress.
Native American Affairs Jun. 14, 2000
Baral v. United States
Remittances of estimated income tax and withholding tax are 'paid' on due date of taxpayer's income tax return.
Taxation Jun. 14, 2000
Hose v. INS
Order
Jun. 14, 2000
Charas v. Trans World Airlines
Airlines Deregulation Act doesn't preempt airlines from personal injury liability caused by their tortious conduct.
Torts Jun. 14, 2000
Theo H. Davies & Co. Ltd. v. Republic of the Marshall Islands
Marshall Islands government agencies loose sovereign immunity when they repeatedly purchased equipment in United States.
Contracts Jun. 14, 2000
U.S. v. Ayon-Meza
Police use of 'walk and talk' procedure to question defendant isn't tantamount to Fourth Amendment violation.
Criminal Law and Procedure Jun. 14, 2000
Doe v. Madison School District No. 321
Parents of students don't have taxpayer standing to raise establishment clause challenge if tax dollars aren't spent solely to support graduation prayer.
Constitutional Law Jun. 14, 2000
Christie v. Iopa
County isn't liable for prosecutor's constitutional violations since she did not have final policymaking authority to prosecute.
Civil Rights Jun. 14, 2000
U.S. v. Mett
ERISA trustee has right to invoke attorney-client privilege in criminal prosecution for embezzlement of pension funds.
Criminal Law and Procedure Jun. 14, 2000
Boddy v. Guerrero
Second cousin relationship between justice and lawyer for one of parties, which under local law doesn't require recusal, is insufficient to establish judicial bias.
Judges Jun. 14, 2000
Anderson v. Melwani
If individual successfully moves for dismissal for failure to join indispensable party, he is entitled to attorney fees as 'prevailing party.'
Civil Procedure Jun. 14, 2000
Kona Enterprises Inc. v. Estate of Bishop
When plaintiff doesn't own stock in a company contemporaneously with bringing suit against it, plaintiff lacks standing to pursue derivative claims.
Civil Procedure Jun. 14, 2000
Government of Guam v. United States
Guam isn't entitled to ownership or right to control public lands under either federal law or claim of aboriginal title.
Real Property Jun. 14, 2000
Brown Wholesale Electrical v. Trustees of the Hawaii Electricians Annuity, Health and Welfare, Pension, Training, Vacation and Holiday, Prepaid Legal, Hawaii Electricians Market Enhancement Program and Supplementary Unemployment Benefits Fu
Garnishment of retentions held by general contractor gives third-party lien creditor priority over supplier's unperfected security interest from joint check agreement with subcontractor.
Business Law Jun. 14, 2000
Matsuura v. Alston & Bird
Under Delaware law, tort plaintiffs can institute an independent fraud suit not barred by settlement agreement.
Torts Jun. 14, 2000
Hose v. INS
Alien's petition for habeas corpus isn't subject to judicial review under Illegal Immigration Reform and Immigrant Responsibility Act.
Immigration Jun. 14, 2000
Baria v. Reno
Filing a motion to reopen immigration board's decision doesn't bar deportation proceedings.
Immigration Jun. 14, 2000
University of Hawaii Professional Assembly v. Cayetano
State law that's contrary to the collective bargaining agreement with state employees violates the contract clause.
Constitutional Law Jun. 14, 2000
Newcomb v. Standard Insurance Co.
Abuse-of-discretion standard is used for ERISA plan administrator's acts only when administrator unambiguously retains discretion.
Employment Law Jun. 14, 2000
U.S. v. Du Bo
Indictment for violation of the Hobbs Act must specify the necessary criminal intent required.
Criminal Law and Procedure Jun. 14, 2000
U.S. v. Monzon-Valenzuela
Sentence enhancement for obstruction of justice can't be based on contradiction between guilty verdict and defendant's trial testimony cited in presentence report.
Criminal Law and Procedure Jun. 14, 2000
Golt v. Aetna Life Insurance Co.
Order
Jun. 14, 2000
Payne v. Norwest Corp.
In wrongful discharge and retaliation claims, district court has jurisdiction to reconsolidate state and federal claims despite refusal to exercise supplemental jurisdiction.
Employment Law Jun. 14, 2000
United States v. Budell
Federal insanity acquitee not required to have certificate of appealability prior to moving for appointment of counsel.
Civil Rights Jun. 14, 2000
Idaho Watersheds Project v. Hahn
Bureau of Land Management's failure to complete evaluation of grazing practices, as required by federal regulations, is sufficient to grant preliminary injunction.
Civil Procedure Jun. 14, 2000
Doe v. Madison School District No. 321
Order
Jun. 14, 2000
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
Burlington Northern Railroad Co. v. Red Wolf
Tribal courts lack jurisdiction over accident occurring on right-of-way granted by Congress.
Native American Affairs Jun. 14, 2000
U.S. v. Perreault
Each act of downloading child pornography from the Internet is a separate crime for sentencing purposes.
Criminal Law and Procedure Jun. 14, 2000