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Name Category Published
Bankruptcy of Colortran Inc.
Corporation cannot recover sanctions as an 'individual' for automatic stay violation.
Bankruptcy Feb. 7, 2000
Ramsey v. Amfac Inc.
Immediate application of higher interest rate to calculate present value of benefits violates ERISA.
Employment Law Feb. 7, 2000
Thies v. Wyman
Homeowners association fees are 'debts' for purposes of Fair Debt Collection Practices Act.
Real Property Feb. 7, 2000
Ravens v. Iftikar
Published notice of pending securities class action doesn't provide sufficient information to satisfy notice requirements.
Securities Feb. 7, 2000
Ravens v. Iftikar
Inadequacy of notice to class members precludes designation as lead plaintiffs.
Securities Feb. 7, 2000
A&W Smelter and Refiners Inc. v. Clinton
Mining company is liable for costs incurred in cleaning up hazardous substance dumped or abandoned.
Environmental Law Feb. 7, 2000
Xiao v. Reno
Alien must pursue asylum claim with INS in order to obtain travel documents.
Immigration Feb. 7, 2000
Rodriguez v. International Business Machines
Plaintiff fails to make out prima facie case for unlawful discrimination based on race.
Employment Law Feb. 7, 2000
Araiza v. National Steel And Shipbuilding Co.
Statutory rights, unlike contract-based rights, are not waived under collective bargaining agreements.
Labor Law Feb. 7, 2000
Xiao v. Reno
Effective relief under court-ordered release of detained immigrant requires providing documentation of legal status.
Immigration Feb. 7, 2000
Desert Citizens Against Pollution v. Bisson
Plaintiffs lack standing to challenge agency's undervalutation of land under Federal Lands Policy Management Act.
Environmental Law Feb. 7, 2000
Boyce v. Bumb
'Innocent party' can maintain claim for full cost recovery under CERCLA.
Environmental Law Feb. 7, 2000
United Reporting Publishing v. Lungren
California Public Records Act Amendment prohibiting release of arrestees' addresses for commercial purposes is unconstitutional.
Constitutional Law Feb. 7, 2000
LeCrone v. U.S. Navy
Medical malpractice claim against government for care provided to active military personnel is barred.
Torts Feb. 7, 2000
Matter of Cirrus Logic Securities Litigation
Shareholders fail to establish material fact issue showing company's deviations from its policy constituted fraud.
Securities Feb. 7, 2000
In re Interactive Network Inc. Securities Litigation
Failure to allege use of insider information in connection with securities sale warrants complaint dismissal.
Securities Feb. 7, 2000
Natural Resources Defense Council Inc. v. Southwest Marine Inc.
Plaintiff's notice letter of Clean Water Act violations contains sufficient allegations to meet regulatory requirements.
Environmental Law Feb. 7, 2000
U.S. v. Aragon
Implied threat of death expressed during robbery warrants increasing offense two levels under Sentencing Guidelines.
Criminal Law and Procedure Feb. 7, 2000
Taormina v. California Department of Corrections
Eleventh Amendment bars inmate's claims against state prison but not against officials as individuals.
Prisoners Rights Feb. 7, 2000
Wetherill v. Basham
In unsuccessful attempt to change trust beneficiary, successor trustee inadvertently accomplishes same through valid exercise of appointment power.
Probate and Trusts Feb. 7, 2000
Broad v. Ag
Order
Feb. 4, 2000
Collins v. Bender
Suit based on warrantless search of federal employee's residence, under the guise of a 'personnel action,' isn't pre-empted by Civil Service Reform Act.
Civil Rights Feb. 4, 2000
U.S. v. Symington
Juror may not be dismissed if the discharge stems from the juror's doubt about the sufficiency of the evidence.
Criminal Law and Procedure Feb. 4, 2000
WMX Technologies Inc. v. Miller
Prosecutor isn't liable for report on corporation's suspected illegal activity for writing headline entitled 'organized crime connections.'
Torts Feb. 4, 2000
United States v. Alcan Electrical and Engineering Inc.
Second-hand source of information, who previously lodged complaint with district court, lacks standing to prosecute qui tam False Claims Act violations.
Torts Feb. 4, 2000
Henry v. Kernan
Defendant's confession is involuntary and therefore inadmissible if it is result of psychologically coercive questioning and unheeded requests for counsel.
Criminal Law and Procedure Feb. 4, 2000
Barnett v. U.S. Air Inc.
Americans with Disabilities Act doesn't entitle disabled employee to exemption from seniority system.
Civil Rights Feb. 4, 2000
Hiivala v. Wood
Order
Feb. 4, 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 Feb. 4, 2000
Audette v. International Longshoremen's and Warehousemen's Union
Labor Management Relations Act pre-empts state law claim when resolution requires interpretation of the collective bargaining agreement.
Labor Law Feb. 4, 2000