| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
97-10197
|
U.S. v. Sayakhom
Testimony regarding prosecuting attorney's warnings to defendant isn't barred by the advocate-witness rule. |
Criminal Law and Procedure |
|
Oct. 29, 1999 | |
|
97-17039
|
Pacheco v. New Life Bakery Inc.
In Title VII sexual harassment cases, employer is vicariously liable for harassment committed by supervisor. |
Employment Law |
|
Oct. 29, 1999 | |
|
97-36101
|
Zimmerman v. State of Oregan Dept. of Justice
Order |
|
Oct. 29, 1999 | ||
|
97-56547 and 98-56151
|
Marsu B.V. v. The Walt Disney Co.
Failing to contact any television network isn't 'best effort' to secure network commitment to broadcast films. |
Contracts |
|
Oct. 29, 1999 | |
|
98-16301
|
Wilson v. Henry
Counsel's failure to call self-defense witness, whose testimony was flawed and inconsistent with other facts, isn't ineffective assistance. |
Criminal Law and Procedure |
|
Oct. 29, 1999 | |
|
98-35956
|
Zimmerman v. First Union National Bank (In re Silva and Selmasska)
Bankruptcy court has jurisdiction to require turnover of property of estate and to determine whether property is owned by debtor. |
Bankruptcy |
|
Oct. 29, 1999 | |
|
98-70633
|
Johnson v. Director, Office of Workers' Compensation Programs
Order |
|
Oct. 29, 1999 | ||
|
97-17238
|
Moreno v. Stewart
Order |
|
Oct. 29, 1999 | ||
|
98-50536
|
U.S. v. Martinez-Ramos
Disparities in plea-bargaining policies by different U.S. Attorney's offices permit district court to downwardly depart from U.S. Sentencing Guidelines. |
Criminal Law and Procedure |
|
Oct. 29, 1999 | |
|
97-10270
|
U.S. v. Harris
Statute prohibiting false statements or concealment of facts on ERISA form isn't unconstitutionally vague. |
Criminal Law and Procedure |
|
Oct. 29, 1999 | |
|
97-56182
|
Kleve v. Hill
Despite conspiracy to commit second-degree murder being a nonexistent crime, defendant's conviction nonetheless is valid. |
Criminal Law and Procedure |
|
Oct. 29, 1999 | |
|
96-16021
|
Owens Valley Indian Housing Authority v. Turner
Federal courts lack jurisdiction over landlord-tenant dispute involving American Indian housing agency. |
Government |
|
Oct. 29, 1999 | |
|
97-55572
|
Bendixen v. Standard Insurance Co.
Unless conflict of interest between an ERISA plan administrator and claimant is 'serious,' court's review is limited to abuse-of-discretion standard. |
Employment Law |
|
Oct. 29, 1999 | |
|
98-55588
|
Moore v. Reno
Absent new constitutional law or facts, successive habeas petitions aren't allowed. |
Criminal Law and Procedure |
|
Oct. 29, 1999 | |
|
94-15989 and 94-16956
|
Resolution Trust Corp. v. Keating
Collateral estoppel not applicable when conduct admitted in criminal plea agreement isn't related to civil action. |
Civil Procedure |
|
Oct. 29, 1999 | |
|
98-10305
|
U.S. v. Hickey
Court of Appeals lacks jurisdiction if interlocutory criminal appeal doesn't fall within final judgment rule or within any exceptions. |
Criminal Law and Procedure |
|
Oct. 29, 1999 | |
|
97-71240
|
NLRB v. Calkins
Threatening to have nonemployee union representatives arrested for informational handbilling and picketing on employer property is unfair labor practice. |
Labor Law |
|
Oct. 29, 1999 | |
|
98-15429
|
Fuku-Bonsai Inc. v. E.I. du Pont de Nemours and Co.
General release by product liability plaintiff doesn't bar fraudulent inducement action based on postsettlement revelation of discovery fraud. |
Torts |
|
Oct. 29, 1999 | |
|
98-16962
|
Read-Rite Corp. v. Burlington Air Express
Recovery for damage to internationally shipped goods is governed by federal common law. |
Business Law |
|
Oct. 29, 1999 | |
|
97-55986
|
American Soccer Co. Inc. v. Score First Enterprises
Federal plaintiff has absolute right to voluntarily dismiss complaint without prejudice before defendant serves answer or motion for summary judgment. |
Civil Procedure |
|
Oct. 29, 1999 | |
|
97-99007
|
Rich v. Calderon
Habeas relief isn't proper where defendant failed to challenge indictment and impartiality of jury after change of venue. |
Criminal Law and Procedure |
|
Oct. 29, 1999 | |
|
98-55623
|
Miles v. Prunty
When prison officials fail to draw inmate's filing fee from trust account, time limitation to file habeas corpus petition is equitably tolled. |
Criminal Law and Procedure |
|
Oct. 29, 1999 | |
|
99-70062
|
San Jose Mercury News Inc. v. U.S. District Court (Saldivar)
Nonparty members of the public have prejudgment right to access court records in civil cases. |
Government |
|
Oct. 29, 1999 | |
|
97-71199
|
O.S.C. & Associates Inc. v. Commissioner of Internal Revenue
Disguised compensation to employee-shareholders is form of underpayment of taxes and subject to negligence penalty. |
Taxation |
|
Oct. 29, 1999 | |
|
97-55410
|
Sussman v. American Broadcasting Cos. Inc.
Where the purpose is for worthy newsgathering information, secretly videotaping conversations by reporter isn't improper under federal wiretapping statute. |
Torts |
|
Oct. 29, 1999 | |
|
95-70572
|
Leyva-Licea v. INS
Prior conviction of solicitation to possess marijuana for sale isn't a deportable offense under Immigration and Nationality Act. |
Immigration |
|
Oct. 29, 1999 | |
|
98-50493
|
U.S. v. Baron-Medina
Prior state conviction for lewd acts with a child under 14 years is an aggravated felony for U.S. Sentencing Guidelines enhancement purposes. |
Criminal Law and Procedure |
|
Oct. 29, 1999 | |
|
97-17366
|
Wellington v. Lyon County School District
A reasonable jury could find that an employee was 'disabled' and 'qualified' within the meaning of the Americans with Disabilities Act. |
Employment Law |
|
Oct. 29, 1999 | |
|
98-10498
|
U.S. v. Rocha-Leon
Federal statute prohibiting escape from attorney general also applies to escape from custody of Bureau of Prisons. |
Criminal Law and Procedure |
|
Oct. 29, 1999 | |
|
98-15257, 98-15258, 98-15843 and 98-55884
|
Blue Cross of California v. Anesthesia Care Associates
Medical providers' claims that cannot be asserted by providers' patients are not pre-empted by ERISA. |
Civil Procedure |
|
Oct. 29, 1999 |