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Name Category Published
Vang v. INS
Asylum applicant deemed to have 'firmly resettled' in third country where his parents did so during his minority.
Immigration Apr. 11, 1999
A & W Smelter and Refiners Inc. v. Clinton
Right to reimbursement of response costs depends on whether substance was waste and whether it was released.
Environmental Law Apr. 11, 1999
Calderon v. District Court
Habeas petitions pending at the time Antiterroism Act was enacted are not barred by its statute of limitations.
Criminal Law and Procedure Apr. 11, 1999
U.S. v. Fultz
Homeless man has reasonable expectation of privacy in boxes and bags stored in friend's garage.
Criminal Law and Procedure Apr. 11, 1999
People v. Musselwhite
Jury instruction given over defendant's requested instruction regarding defendant's mental capacity to commit murder is adequate.
Criminal Law and Procedure Apr. 11, 1999
California Insurance Guarantee Assoc. v. Superior Court (Quackenbush)
Subrogation payments to California Insurance Guarantee Association belong to entity that provided funds to pay claim.
Insurance Apr. 11, 1999
National Endowment for the Arts v. Finley
Statute tying arts grants to 'general standards of decency' is facially constitutional.
Constitutional Law Apr. 11, 1999
Bragdon v. Abbott
Asymptomatic human immunodeficiency virus infection is 'disability' for purposes of Americans with Disabilities Act.
Civil Rights Apr. 11, 1999
Swidler & Berlin v. United States
Attorney-client privilege survives death of client and shields attorney notes from grand jury subpoena.
Attorneys Apr. 11, 1999
People v. Benevides
Decision not to strike prior conviction is subject to limited appellate review for abuse of discretion.
Criminal Law and Procedure Apr. 11, 1999
Monge v. California
Double jeopardy clause doesn't extend to noncapital sentencing proceedings.
Criminal Law and Procedure Apr. 11, 1999
Eddy Potash, Inc. v. Harrison
Order
Apr. 11, 1999
Reynolds v. CSX Transp., Inc.
Order
Apr. 11, 1999
Stewart v. Falcone
Order
Apr. 11, 1999
B.C. Rogers Processors v. BOC Group, Inc.
Order
Apr. 11, 1999
National Football League Properties Inc. v. Superior Court (Oakland Raiders)
Oakland Raiders aren't entitled to inspect National Football League Properties' attorney-client privileged documents.
Corporations Apr. 11, 1999
U.S. v. Dubose
Statute mandating restitution regardless of defendant's ability to pay is constitutional.
Criminal Law and Procedure Apr. 11, 1999
Marcu v. INS
State Department report rebuts presumed fear of persecution by documenting changes in home country.
Immigration Apr. 11, 1999
Ortega v. O'Connor
Extensive, warrantless search of public employee's office based on vague sexual harassment allegations is unreasonable.
Civil Rights Apr. 11, 1999
Gager v. United States
Discretionary function exception shields Postal Service from liability for decisions regarding mail bomb detection training.
Government Apr. 11, 1999
Bankruptcy of United Marine Shipbuilding Inc.
Government setoff rights aren't waived by mistaken disbursement of tax refund to bankruptcy trustee.
Bankruptcy Apr. 11, 1999
Estate of McClatchy v. Commissioner of Internal Revenue
Securities are valued for estate tax purposes based on value to decedent prior to death.
Taxation Apr. 11, 1999
Johnson on habeas corpus
Referee's findings rejecting claim of factual innocence are supported by substantial evidence.
Criminal Law and Procedure Apr. 11, 1999
Boyd v. Thompson
District court in habeas proceeding may raise procedural default in interest of comity, federalism and judicial efficiency.
Criminal Law and Procedure Apr. 11, 1999
Moyle v. Director, Office of Workers' Compensation Programs
Disability payments under Longshore and Harbor Workers' Compensation Act may be garnished for spousal support.
Workers' Compensation Apr. 11, 1999
U.S. v. Cuddy
Sentencing court may depart from law of the case if earlier finding was clearly erroneous.
Criminal Law and Procedure Apr. 11, 1999
Draper v. Coeur Rochester Inc.
Limitations period for constructive discharge runs from date of resignation if discrimination is continuous.
Civil Rights Apr. 11, 1999
U.S. v. Fitzgerald
Federal Employees Compensation Act requires total disability claimant to disclose employment information.
Criminal Law and Procedure Apr. 11, 1999
Sanchez v. Pacific Powder Co.
Age discrimination complaint received by Washington state agency deemed received by federal agency on same date.
Civil Rights Apr. 11, 1999
Stevenson v. Baum
Seller satisfies disclosure obligation by specifying in contract that transfer is subject to easements of record.
Real Property Apr. 11, 1999