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Name Category Published
U.S. v. Pino-Noriega
Defendant waives right to testify when he waits until after jury verdict to inform court of his desire to testify.
Criminal Law and Procedure Jun. 12, 2000
Stubbs v. Gomez
Prosecutor doesn't use peremptory challenges discriminatorily, where they were used to excuse 3 black jurors after excusing the 5 others for cause.
Criminal Law and Procedure Jun. 12, 2000
Calabretta v. Floyd
Social worker and police officer aren't entitled to qualified immunity for warrantless, nonexigent, nonconsensual entry into home while investing suspected child abuse.
Government Jun. 12, 2000
Reyes-Guerrero v. INS
Alien threatened with death for his political opinion is a well-founded fear of persecution for asylum purposes.
Immigration Jun. 12, 2000
Wong v. Regents of the University of California
Americans with Disabilities Act requires medical school to fully consider effects of proposed accommodation on its curriculum.
Civil Rights Jun. 12, 2000
Rutledge v. Seyfarth, Shaw, Fairweather & Geraldson
Court abuses discretion in awarding attorney fees when ERISA case should have been removed to federal court.
Employment Law Jun. 9, 2000
U.S. Postal Service v. Amada
Service which pools lottery tickets isn't lottery when there is no offer of prize by chance in exchange for consideration.
Criminal Law and Procedure Jun. 9, 2000
U.S. v. Griefen
First Amendment does not protect protesters refusing to leave restricted area because equivalent alternative methods of expression are available.
Constitutional Law Jun. 9, 2000
Price v. Kramer
Evidence supported jury's finding that police officers' misconduct resulted from racial bias.
Civil Rights Jun. 9, 2000
Resnick v. Hayes
Prisoner's constitutional rights are not violated by continued confinement in administrative segregation pending hearing on disciplinary charge that is not sustained.
Criminal Law and Procedure Jun. 9, 2000
Cline v. The Industrial Maintenance Engineering and Contracting Co.
Employee benefit plan is an individual retirement annuity governed by the Internal Revenue Code, not ERISA.
Labor Law Jun. 9, 2000
Comedy III Productions Inc. v. ABC New Line Cinema
Clip from 'The Three Stooges' film, later used in feature film, is not an enforceable trademark.
Intellectual Property Jun. 9, 2000
U.S. v. Whitehead
Although court erred in admitting evidence of defendant's post-arrest and pre-Miranda silence, other evidence of overwhelming guilt is sufficient to convict.
Criminal Law and Procedure Jun. 9, 2000
Wetzel v. Lou Ehlers Cadillac Group Long Term Disability Insurance Program
Order
Jun. 9, 2000
Park v. People of the State of California
Order
Jun. 9, 2000
State v. Hicks
Tribal court has subject matter jurisdiction over claims against state officials for misconduct in enforcing tribal court-approved warrant on Indian land.
Native American Affairs Jun. 9, 2000
O'Rourke v. Kipperman (In re: Superior Crane & Rigging Inc.)
Dismissal is warranted where defendant can prove not set of facts in support of his claim which would entitle him to relief.
Bankruptcy Jun. 9, 2000
Gutierrez v. Apfel
Plausible mental-impairment claim for disability benefits requires administrative law judge to complete psychiatric evaluation form and append it to decision.
Administrative Agencies Jun. 9, 2000
Virgin v. County of San Luis Obispo
Congressional act granting federal land grant patents is not basis for federal question jurisdiction.
Civil Procedure Jun. 9, 2000
Page v. Torrey
Detainee subject to civil commitment under Sexually Violent Predators Act isn't subject to financial reporting and exhaustion requirements of Prison Litigation Reform Act.
Criminal Law and Procedure Jun. 9, 2000
Baby Tam & Co. Inc. v. City of Las Vegas
Municipal business and zoning license's failure to set time limit for satisfaction of requirements is unconstitutional.
Government Jun. 9, 2000
U.S. v. Dixon
Jury instruction that illegal alien smuggler's flight could be interpreted as consciousness of guilt is valid.
Criminal Law and Procedure Jun. 9, 2000
U.S. v. Sandoval
Camper has reasonable expectation of privacy in tent on public land even though camper didn't have permission to camp on land.
Criminal Law and Procedure Jun. 9, 2000
Ashmus v. Woodford
Expedited habeas corpus procedure under Antiterrorism and Death Penalty Act requires state system for appointment, compensation and qualification of death penalty counsel.
Criminal Law and Procedure Jun. 9, 2000
Bankruptcy of Zapanta
Attorney's act of cashing checks for prepetition services is violation of automatic stay.
Bankruptcy Jun. 9, 2000
Bankruptcy of Hakim
Automatic stay relief is warranted to pursue asset ownership litigation in federal and foreign courts.
Bankruptcy Jun. 9, 2000
United States v. Microsoft Corp.
Software company found to have engaged in exclusionary, anticompetitive and predatory acts must split into two entities.
Corporations Jun. 9, 2000
Juarez v. Boy Scouts of America
Order
Jun. 9, 2000
Chiarello v. Samson (In re Samson)
Nonjudicial arbitration proceeding should not be given collateral estoppel effect under California law.
Bankruptcy Jun. 9, 2000
Luo v. Li (In re Luo)
State court sanctions must be reconsidered in light of new case law which modified the elements of nondischargeability under section 523(a)(6).
Bankruptcy Jun. 9, 2000