| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
98-36175
|
United States v. Stone Container Corp.
Intervenor in a Clean Air Act, brought by EPA, isn't entitled to attorney fees. |
Environmental Law |
|
Jun. 14, 2000 | |
|
97-30001
|
U.S. v. Timbana
Order |
|
Jun. 14, 2000 | ||
|
98-15402
|
The Hou Hawaiians v. Cayetano
Under principle of sovereign immunity, United States can't be compelled to bring suit against alleged breach of statute. |
Government |
|
Jun. 14, 2000 | |
|
A074119
|
Industrial Indemnity Company v. Apple Computer, Inc.
Insurer's duty to defend doesn't include defending against English trademark infringement suit that's excluded from coverage. |
Insurance |
|
Jun. 14, 2000 | |
|
96-16876
|
Theo H. Davies & Co. v. Republic of the Marshall Development Authority Islands
Marshall Islands government agencies loose sovereign immunity when they repeatedly purchased equipment in United States. |
Contracts |
|
Jun. 14, 2000 | |
|
98-35881
|
Lares v. West One Bank (In re Lares)
Proceeds from sale of debtor's home aren't protected from lender's setoff based on personal guarantee by statute exempting them from attachment, execution, or forced sale. |
Bankruptcy |
|
Jun. 14, 2000 | |
|
98-35655
|
Collins v. Lobdell
Public employer may require employees to use compensation time instead of permitting them to earn overtime pay. |
Employment Law |
|
Jun. 14, 2000 | |
|
98-35090
|
Holbert v. Idaho Power Company
Order |
|
Jun. 14, 2000 | ||
|
S080326
|
People v. Harris
5-year sentence enhancement is inappropriate where defendant doesn't admit and court never inquires whether defendant suffered a prior felony conviction. |
Criminal Law and Procedure |
|
Jun. 14, 2000 | |
|
S077400
|
People v. Rivera
Since direct restitution to victim is compensatory, and not a fine or penalty, defendant isn't subject to penalty assessments. |
Criminal Law and Procedure |
|
Jun. 14, 2000 | |
|
96-17270
|
Delange v. Dutra Construction Co. Inc.
Carpenter who performs occasional deckhand and piloting tasks for barge and tug used in construction projects, could have Jones Act claim for on-board injury. |
Maritime Law |
|
Jun. 14, 2000 | |
|
98-15402
|
The Hou Hawaiians v. Cayetano
Under principle of sovereign immunity, United States can't be compelled to bring suit against alleged breach of statute. |
Government |
|
Jun. 14, 2000 | |
|
97-15966
|
Lam v. University of Hawaii
Pattern of allegedly prejudicial comments or conduct may create sufficient evidence for triable issues of fact. |
Employment Law |
|
Jun. 14, 2000 | |
|
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 |