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Name Category Published
Bernstein v. U.S. Department of Justice
Federal regulation that limits distribution of encryption software violates the First Amendment as a prior restraint.
Constitutional Law Aug. 6, 1999
Bankruptcy of Shoen
State judgment requiring creditor to sell stock to debtor for principal amount plus interest isn't subject to prohibition of postpetition interest on unsecured claims.
Bankruptcy Aug. 6, 1999
McElwaine v. US West Inc.
Employee who sues employer is entitled to award of attorney fees under ERISA, despite employer's intention to pay wrongly withheld benefits.
Employment Law Aug. 6, 1999
Babbitt v. Woodford
Under the Antiterrorism and Effective Death Penalty Act, dismissal of claims previously presented in a federal habeas petition is required.
Criminal Law and Procedure Aug. 6, 1999
Prescott v. County of El Dorado
Financial statements accompanying fair-share agency fee notices sent to employees who aren't union members must be audited.
Labor Law Aug. 6, 1999
Boyd Gaming Corp. v. Commissioner of Internal Revenue
Employer providing 'closed campus' workplace is entitled to 100 percent income tax deduction for free meals provided to employees.
Taxation Aug. 6, 1999
U.S. v. Jackson
Consecutive prison terms can be imposed on defendant following revocation of concurrent terms of supervised release.
Criminal Law and Procedure Aug. 6, 1999
U.S. v. Montero-Camargo
Vehicles' turnaround prior to checkpoint, combined with tandem driving and ethnicity of occupants, can be sufficient to justify border patrol agents' investigative stop.
Criminal Law and Procedure Aug. 6, 1999
Ellis v. City of San Diego
Doctor who performs medical procedure without plaintiff's consent, isn't shielded from civil rights suit under California's Medical Injury Compensation Reform Act.
Civil Rights Aug. 6, 1999
U.S. v. Ramirez
Conspiracy and drug smuggling conviction requires more than defendant's mere presence in drug-laden vehicle.
Criminal Law and Procedure Aug. 6, 1999
Hodgers-Durgin v. De La Vina
Order
Aug. 6, 1999
U.S. v. LaValle
Review of federal sentence, that includes enhancement based on now stricken prior state conviction, is proper.
Criminal Law and Procedure Aug. 6, 1999
Cedars-Sinai Medical Center v. Shalala
Administrative Procedure Act claim for improper issuance of new federal policy on Medicare accrues when policy is announced.
Administrative Agencies Aug. 6, 1999
Unocal Corp. v. Kaabipour
Petroleum Marketing Practices Act isn't violated by franchise buyer's financing and securing purchase with franchisor's interest in service stations.
Contracts Aug. 6, 1999
Bankruptcy of Gruntz
State court ruling that automatic stay didn't apply in criminal case doesn't bind bankruptcy court to same conclusion.
Bankruptcy Aug. 6, 1999
Bankruptcy of P.R.T.C. Inc.
A bankruptcy trustee can transfer to a creditor the right to sue and avoid transactions.
Bankruptcy Aug. 6, 1999
U.S. v. Malandrini
Period of supervised release doesn't begin running until after defendant is released from prison.
Criminal Law and Procedure Aug. 6, 1999
U.S. v. Leon-Reyes
Admission of testimony summaries from previous trial for purpose of showing perjury isn't abuse of discretion.
Criminal Law and Procedure Aug. 6, 1999
U.S. v. Hopper
Phony warrant submitted to prevent collection of tax debt and enforcement of tax lien constitutes obstruction of Justice of IRS proceedings.
Criminal Law and Procedure Aug. 6, 1999
Ratnam v. INS
Order
Aug. 6, 1999
Blunk v. Arizona Dept. of Transportation
State can regulate non-Indian's commercial use of non-reservation land that is owned by Indian tribe.
Native American Affairs Aug. 6, 1999
Miller v. Reed
Department of Motor Vehicles refusal to renew one's driver's license without a Social Security number doesn't violate right to interstate travel.
Constitutional Law Aug. 6, 1999
U.S. v. Deeb
Use of investors money to keep stock certificates in defendant's own name to cover margin purchases warrants conviction under money laundering statute.
Criminal Law and Procedure Aug. 6, 1999
Bankruptcy of George
60-day time period to reject a real estate lease applies to lease on property held in trust by city for public use.
Bankruptcy Aug. 6, 1999
Ficklin v. Hatcher
Despite court giving erroneous jury instructions, defendant can still be convicted if jury doesn't rely on faulty instructions.
Criminal Law and Procedure Aug. 6, 1999
Mingtai Fire & Marine Insurance Co. v. United Parcel Service
Since Taiwan isn't bound by China's adherence to Warsaw Convention, suit for lost cargo from Taiwan to California is limited by contract.
Contracts Aug. 6, 1999
Lambright v. Stewart
Order
Aug. 6, 1999
Onossian v. Block
Police officers are insulated from constitutional attack for injuries caused while justifiably chasing criminal suspect.
Civil Rights Aug. 6, 1999
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 Aug. 6, 1999
NLRB v. General Teamsters Local No. 439
Union cannot discipline member for reporting co-worker's misconduct when member is required to do so by employer.
Labor Law Aug. 6, 1999