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Name Category Published
Wilner v. Sunset Life Insurance Co.
Order
Jun. 5, 2000
International Precious Metals Corp. v. Waters
Order
Jun. 5, 2000
Saracho v. Custom Food Machinery Inc.
Authority-to-sue challenge must be timely made.
Civil Procedure Jun. 2, 2000
U.S. v. Lombera-Camorlinga
Foreigner's post-arrest statements are admissable in criminal prosecution even though he made them before being advised of right to consular notification.
Criminal Law and Procedure Jun. 2, 2000
Arreguin v. Prunty
Court's failure to instruct jury that defendant cannot be convicted unless he is 'major participant' in crime is harmless error.
Criminal Law and Procedure Jun. 2, 2000
Cook v. Erbey
Where district court's order compelling arbitration is integrated into party's action, order is unappealable even when entire action is dismissed.
Civil Procedure Jun. 2, 2000
U.S. v. Johnson
Thirty-minute wait for backup, before pursuing fleeing felon, who resisted arrest and hid on property, still constitutes 'hot pursuit' under exigent circumstances.
Criminal Law and Procedure Jun. 2, 2000
Jones v. Wood
Failure to investigate and present circumstantial evidence that someone, other than defendant may have committed murder, is ineffective assistance of counsel.
Criminal Law and Procedure Jun. 2, 2000
Kersting v. United States
Taxpayer's attempt to obtain state court judgments on promissory notes issued in connection with tax shelters do not establish legitimacy of scheme.
Taxation Jun. 2, 2000
Passantino v. Johnson & Johnson Consumer Products Inc.
Employee is entitled to punitive damages award if employer does not fairly and adequately implement procedures against discrimination.
Employment Law Jun. 2, 2000
BankAmerica Pension Plan v. McMath
ERISA does not pre-empt state-law doctrine of substantial compliance, which requires employee to designate primary beneficiary under benefit plan.
Employment Law Jun. 2, 2000
U.S. v. Hinojosa-Perez
Alien's lack of diligence when given notice of proper procedures bars attack on deportation order.
Immigration Jun. 2, 2000
Harris v. Harris & Hart Inc.
Employer may require employee with known disability to provide medical release without violating Americans With Disabilities Act.
Employment Law Jun. 2, 2000
Flores v. San Diego County
Exhausting civil service remedies and canceling public employee's suspension for exercising free speech sufficiently redresses abridgment and satisfies due process.
Government Jun. 2, 2000
U.S. v. Sandoval-Barajas
Alien's prior state court conviction of gun possession is not aggravated felony for purposes of federal sentencing guidelines.
Immigration Jun. 2, 2000
Aragon-Ayon v. INS
Amended definition of "aggravated felony" contained in Immigration and Naturalization Act applies retroactively.
Immigration Jun. 2, 2000
Mendler v. Winterland Production Ltd.
Licensing agreement authorizing use of photographs for illustrations doesn't cover computer-scanned images of photos that retain lifelike appearance.
Intellectual Property Jun. 2, 2000
Carpenters Southern California Administrative Corp. v. Knight
Without subject matter jurisdiction, court may not award attorney fees and costs under ERISA claim.
Employment Law Jun. 2, 2000
Jacinto v. INS
Immigration judge has duty to develop record fully and fairly in manner understandable to alien, and to ensure that favorable facts are presented.
Immigration Jun. 2, 2000
Tecun-Florian v. INS
Alien is not entitled to asylum where there is no showing that he was persecuted for his religious beliefs.
Immigration Jun. 2, 2000
DiRuzza v. County of Tehama
Deputy sheriffs are not per se policy-makers whose work-related political activities are unprotected from retaliatory employer action under First Amendment.
Constitutional Law Jun. 2, 2000
Demando v. Morris
Under Truth In Lending Act, credit-card issuer's solicitation letter specifying lifetime annual interest rate bars subsequent rate increases.
Business Law Jun. 2, 2000
Johnson v. State
Prisoner's complaint alleging intentional segregation of prisoners by race without valid penological purpose is sufficient to state constitutional claim.
Prisoners Rights Jun. 2, 2000
Blair v. City of Pomona
Workplace harassment against police officer, following his report of official corruption, supports civil rights claim based on policy of retaliating against whistleblowers.
Civil Rights Jun. 2, 2000
Taylor v. Rancho Santa Barbara
Federal and state statutes that authorize exclusion of persons under age 55 from mobile home parks are constitutional.
Constitutional Law Jun. 2, 2000
U.S. v. Salazar-Robles
Venue for deportable offense is proper in district where alien is found, even if he is not in district voluntarily.
Immigration Jun. 2, 2000
United States v. Hagberg
Sewage pumped from septic tanks receiving only domestic sewage is considered 'sewage sludge' within meaning of federal law.
Environmental Law Jun. 2, 2000
California Medical Assn. v. Shalala
If underlying merits judgment is reversed, party that has paid adversary's attorney fees may petition for relief from fee judgment.
Civil Procedure Jun. 2, 2000
Self-Realization Fellowship Church v. Amanda Church of Self-Realization
Religious leader's writings and spoken lectures are not 'works for hire' or 'works of corporate body' subject to Copyright Act.
Intellectual Property Jun. 2, 2000
Boeing Co. v. MFM Cascade Corp.
Where companies' contamination overlaps, both are responsible for response costs.
Environmental Law Jun. 2, 2000