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Name Category Published
Balice v. U.S. Dept. of Agriculture
Mitigating factors and grower's ability to pay need not be considered when imposing fines under Agriculture Marketing Agreement Act.
Administrative Agencies May 5, 2000
Hernandez v. Campbell
Before any other issue, court must first determine if habeas petition is filed pursuant to 28 U.S.C. Section 2241 or Section 2255.
Criminal Law and Procedure May 5, 2000
U.S. v. Byrne
When court indicates ruling wasn't final, verbal approval of acquittal motion isn't final judgment that terminates double jeopardy.
Criminal Law and Procedure May 5, 2000
U.S. v. Newman
Defendant's prison sentence may not be reduced by amount of time spent in drug-treatment facility while on pre-trial release.
Criminal Law and Procedure May 5, 2000
McDaniel v. Chevron Corp.
Mortality assumptions of ERISA-governed employee retirement plan may include forward adjustments to account for differences in life expectancy of males and females.
Employment Law May 5, 2000
U.S. v. Osborn
Where totality of circumstances supports officers' articulable facts justifying temporary detention, evidence seized is not tainted by illegality.
Criminal Law and Procedure May 5, 2000
U.S. v. Hernandez
Denial of accused's right to self-representation under Sixth Amendment renders guilty plea involuntary.
Criminal Law and Procedure May 5, 2000
H.C., a Minor
Federal courts shouldn't interfere in domestic disputes when adequate state forum to pursue federal claims exist and important state interests are implicated.
Juveniles May 5, 2000
G & G Fire Sprinklers Inc. v. Bradshaw
Order
May 5, 2000
Hydranautics v. NAJ FilmTec Corp.
Court finding that unsuccessful patent infringement action isn't objectively baseless does not preclude subsequent malicious prosecution suit.
Intellectual Property May 5, 2000
Prudential Real Estate Affiliates Inc. v. PPR Realty Inc.
Franchise agreement may reserve right of first refusal in franchisor to purchase shares of closely held franchisee.
Contracts May 5, 2000
Ward v. California Board of Equalization (In re Artisan Woodworkers)
Post-petition interest on nondischargeable tax debt is also nondischargeable.
Bankruptcy May 5, 2000
Huskey v. City of San Jose
Evidence of ostracism by coworkers, menial work assignments and managerial criticism is not enough to establish employee's claim for constructive discharge.
Employment Law May 5, 2000
Whalem/Hunt v. Early
Prison officials' failure to provide copy of Antiterrorism and Effective Death Penalty Act doesn't prevent prisoner from filing habeas petition.
Criminal Law and Procedure May 5, 2000
Murphey v. Lanier
State court has exclusive jurisdiction over private cause of action created by Telephone Consumer Protection Act.
Business Law May 5, 2000
LaLonde v. County of Riverside
If jury is requested, case must proceed to trial where there exists material dispute as to officers' actions.
Civil Rights May 5, 2000
Aloha Pacific Inc. v. California Insurance Guarantee Ass.
California Insurance Guarantee Association may contest whether claim is within coverage of insurance policy issued by insolvent insurer.
Insurance May 5, 2000
U.S. v. Kubick
Real estate developer retains enhanced prison sentence for bankruptcy fraud and must pay full restitution regardless of ability to pay.
Criminal Law and Procedure May 5, 2000
U.S. v. Beardslee
Conviction for use of fire to commit mail fraud requires both the fire and fraud to have been completed.
Criminal Law and Procedure May 5, 2000
Prescott v. County of El Dorado
Order
May 5, 2000
Bains v. Cambra
When suspect voluntarily goes to police station, 'targeted' questioning in unlocked interview room isn't custodial interrogation that triggers Miranda requirements.
Criminal Law and Procedure May 5, 2000
Kumar v. INS
Changed conditions in Fiji rebuts presumption that Fijian seeking asylum in United States has well-founded fear of persecution.
Immigration May 5, 2000
Pal v. INS
Petition for asylum is properly denied where petitioner gives inconsistent testimony.
Immigration May 5, 2000
Humanitarian Law Project v. Reno
Congress may preclude certain foreign terrorist groups from receiving contributions of material support without violating First Amendment.
Constitutional Law May 5, 2000
Cordon-Garcia v. INS
INS may grant asylum when testimony clearly establishes that applicant was persecuted because of imputed political opinion.
Immigration May 5, 2000
U.S. v. Takahashi
Prosecution may introduce evidence that defendant and witness, who claims responsibility for crime, belong to gang whose members take blame for one another.
Criminal Law and Procedure May 5, 2000
Ada v. Government of Guam
Order
May 5, 2000
Baker v. City of Blaine
Defendant's Sixth Amendment rights are not violated when denied counsel at misdemeanor arraignment.
Criminal Law and Procedure May 5, 2000
LSO Ltd. v. Stroh
Officials of alcoholic beverage control agency aren't immune from lawsuit challenging officials' attempt to prevent erotic art exhibition on premises with liquor license.
Constitutional Law May 5, 2000
The Vons Companies Inc. v. United States Fire Insurance Co.
Insurance policy permits payment of self-insured retention amount through other valid and collectible insurance.
Insurance May 5, 2000