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Name Category Published
Swoopes v. Sublett
For Arizona state prisoners, exhausting state remedies before seeking federal habeas review does not include seeking review before the Arizona Supreme Court.
Criminal Law and Procedure Feb. 4, 2000
Battista v. Federal Deposit Insurance Corp.
Judgment creditors, enforcing judgment after their contract was repudiated under Financial Institutions Reform, Recovery and Enforcement Act, aren't entitled to cash payment.
Banking Feb. 4, 2000
Communications Telesystems International v. California Public Utility Commission
Telecommunications Act of 1996 doesn't pre-empt state's authority to impose sanctions against service provider that switched customers' services without their consent.
Government Feb. 4, 2000
Akinmade v. INS
Refugee's submission of false documents, to escape immediate danger, doesn't reflect on refugee's credibility.
Immigration Feb. 4, 2000
California Attorneys for Criminal Justice v. Butts
Officers aren't entitled to qualified immunity for following police policy of interrogating criminal suspects in disregard of their 'Miranda' rights.
Civil Rights Feb. 4, 2000
DiLoreto v. Downey Unified School District Board of Education
School district may refuse to post on school property a paid advertisement containing the Ten Commandments.
Constitutional Law Feb. 4, 2000
U.S. v. Smith
Federal statute prohibiting bribery of witnesses doesn't prevent government from conferring immunity upon a cooperating witness.
Criminal Law and Procedure Feb. 4, 2000
Tremain v. Bell Industries Inc.
Evidence outside the administrative record may be considered to determine whether administrator's conflict of interest affected the decision.
Employment Law Feb. 4, 2000
San Diego Chapter of the Surfrider Foundation v. Dalton
Opinion
Government Feb. 4, 2000
U.S. v. Kramer
Habeas relief is not available when seeking to challenge only the restitution order.
Criminal Law and Procedure Feb. 4, 2000
Circuit City Stores Inc. v. Ahmed
Employee's failure to opt out of employer's dispute resolution program renders the Federal Arbitration Act inapplicable.
Employment Law Feb. 4, 2000
U.S. Trustee v. Garvey, Schubert & Baker (In re Century Cleaning Services Inc.)
A Chapter 7 debtor's attorney may receive professional fees from the bankruptcy estate for postpetition services.
Bankruptcy Feb. 4, 2000
Lindsey v. Tacoma-Pierce County Health Dept.
Local ban on outdoor tobacco advertising is pre-empted by Federal Cigarette Labeling and Advertising Act.
Government Feb. 4, 2000
Dubria v. Smith
Defense counsel's failure to object to prosecutor's prejudicial remarks during closing argument is ineffective assistance of counsel.
Criminal Law and Procedure Feb. 4, 2000
Bono v. Benov
Parole Commission acts with presumed vindictiveness by extending prisoner's parole date based on victim's letter which isn't included in the sentencing decision.
Prisoners Rights Feb. 4, 2000
Frost v. Symington
Prison ban on pornography depicting penetration is constitutional.
Prisoners Rights Feb. 4, 2000
CSA 401(k) Plan v. Pension Professionals Inc.
Third-party administrators of ERISA plan, performing only ministerial functions, are not fiduciaries of the plan.
Labor Law Feb. 4, 2000
United States v. Sayakhom
Order
Feb. 4, 2000
Schell v. Witek
Order
Feb. 4, 2000
Bollard v. California Province of the Society of Jesus
'Ministerial exception' in Title VII doesn't bar sexual harassment suit against religious organization.
Employment Law Feb. 4, 2000
U.S. v. Narte
Conviction for illegal harvesting of shellfish may support sentence enhancement for creating a significant health risk.
Criminal Law and Procedure Feb. 4, 2000
U.S. v. Jin Han Kim
To support an aiding and abetting conviction, jury isn't required to unanimously agree on which act was the basis for criminal liability.
Criminal Law and Procedure Feb. 4, 2000
U. S. v. Sarkisian
Although defendants in related stolen car parts scheme and extortion attempt were improperly joined, error is harmless.
Criminal Law and Procedure Feb. 4, 2000
Del Bino v. Bailey (In re Bailey)
Where creditor did not have valid lien in settlement proceeds, debtor's use of the proceeds for his own purposes didn't constitute conversion.
Bankruptcy Feb. 4, 2000
County of Amador v. El Dorado County Water Agency
Environmental impact report is fundamentally flawed because it is predicated on a draft, unadopted general plan.
Environmental Law Feb. 4, 2000
All Alaskan Seafoods Inc. v. Raychem Corp.
Manufacturer cannot be immunized from product liability solely by virtue of fortuitous transfer.
Torts Feb. 4, 2000
Miles v. American Seafoods Co.
Release from liability for earlier injuries sustained on vessel, doesn't preclude same party from seeking 'maintenance and cure' for new injury.
Maritime Law Feb. 4, 2000
U.S. v. Messer
Commencement of trial for conspiracy to commit money-laundering 21 months after being arraigned violates Speedy Trial Act.
Criminal Law and Procedure Feb. 4, 2000
Catholic Social Services Inc. v. Immigration and Naturalization Service
Order
Feb. 4, 2000
Comedy III Productions Inc. v. New Line Cinema
Clip from 'The Three Stooges' film, later used in feature film, is not an enforceable trademark.
Intellectual Property Feb. 4, 2000