| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
94-16033
|
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 | |
|
97-56747
|
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 | |
|
98-16400 and 99-1940
|
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 | |
|
97-71227
|
Akinmade v. INS
Refugee's submission of false documents, to escape immediate danger, doesn't reflect on refugee's credibility. |
Immigration |
|
Feb. 4, 2000 | |
|
97-56499 and 97-56510
|
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 | |
|
98-56762
|
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 | |
|
98-10297
|
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 | |
|
98-15252
|
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 | |
|
98-55362
|
San Diego Chapter of the Surfrider Foundation v. Dalton
Opinion |
Government |
|
Feb. 4, 2000 | |
|
98-16849
|
U.S. v. Kramer
Habeas relief is not available when seeking to challenge only the restitution order. |
Criminal Law and Procedure |
|
Feb. 4, 2000 | |
|
98-55896
|
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 | |
|
98-35027
|
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 | |
|
98-35416
|
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 | |
|
98-55914
|
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 | |
|
98-55895
|
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 | |
|
98-15578
|
Frost v. Symington
Prison ban on pornography depicting penetration is constitutional. |
Prisoners Rights |
|
Feb. 4, 2000 | |
|
98-56012
|
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 | |
|
97-10197
|
United States v. Sayakhom
Order |
|
Feb. 4, 2000 | ||
|
97-56197
|
Schell v. Witek
Order |
|
Feb. 4, 2000 | ||
|
98-16194
|
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 | |
|
99-30010
|
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 | |
|
98-50203
|
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 | |
|
98-10241, 98-10242, 98-10254, 98-10250, and 98-10261
|
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 | |
|
98-16092
|
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 | |
|
C027948
|
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 | |
|
98-35540
|
All Alaskan Seafoods Inc. v. Raychem Corp.
Manufacturer cannot be immunized from product liability solely by virtue of fortuitous transfer. |
Torts |
|
Feb. 4, 2000 | |
|
98-35610
|
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 | |
|
96-50493
|
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 | |
|
98-16269
|
Catholic Social Services Inc. v. Immigration and Naturalization Service
Order |
|
Feb. 4, 2000 | ||
|
98-55301
|
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 |