Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
96-70651
|
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 | |
97-15596
|
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 | |
98-70569
|
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 | |
97-30337
|
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 | |
S017868
|
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 | |
B117653
|
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 | |
97-371
|
National Endowment for the Arts v. Finley
Statute tying arts grants to 'general standards of decency' is facially constitutional. |
Constitutional Law |
|
Apr. 11, 1999 | |
97-156
|
Bragdon v. Abbott
Asymptomatic human immunodeficiency virus infection is 'disability' for purposes of Americans with Disabilities Act. |
Civil Rights |
|
Apr. 11, 1999 | |
97-1192
|
Swidler & Berlin v. United States
Attorney-client privilege survives death of client and shields attorney notes from grand jury subpoena. |
Attorneys |
|
Apr. 11, 1999 | |
F026960
|
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 | |
97-6146
|
Monge v. California
Double jeopardy clause doesn't extend to noncapital sentencing proceedings. |
Criminal Law and Procedure |
|
Apr. 11, 1999 | |
97-232
|
Eddy Potash, Inc. v. Harrison
Order |
|
Apr. 11, 1999 | ||
97-726
|
Reynolds v. CSX Transp., Inc.
Order |
|
Apr. 11, 1999 | ||
97-1058
|
Stewart v. Falcone
Order |
|
Apr. 11, 1999 | ||
97-1777
|
B.C. Rogers Processors v. BOC Group, Inc.
Order |
|
Apr. 11, 1999 | ||
H017715
|
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 | |
96-30369 and 97-30035
|
U.S. v. Dubose
Statute mandating restitution regardless of defendant's ability to pay is constitutional. |
Criminal Law and Procedure |
|
Apr. 11, 1999 | |
96-70881
|
Marcu v. INS
State Department report rebuts presumed fear of persecution by documenting changes in home country. |
Immigration |
|
Apr. 11, 1999 | |
97-15073
|
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 | |
97-15710
|
Gager v. United States
Discretionary function exception shields Postal Service from liability for decisions regarding mail bomb detection training. |
Government |
|
Apr. 11, 1999 | |
97-35502
|
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 | |
97-70128
|
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 | |
S027758
|
Johnson on habeas corpus
Referee's findings rejecting claim of factual innocence are supported by substantial evidence. |
Criminal Law and Procedure |
|
Apr. 11, 1999 | |
96-35655
|
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 | |
96-70875
|
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 | |
97-10064 and 97-10067
|
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 | |
97-15178
|
Draper v. Coeur Rochester Inc.
Limitations period for constructive discharge runs from date of resignation if discrimination is continuous. |
Civil Rights |
|
Apr. 11, 1999 | |
97-30299
|
U.S. v. Fitzgerald
Federal Employees Compensation Act requires total disability claimant to disclose employment information. |
Criminal Law and Procedure |
|
Apr. 11, 1999 | |
97-35050, 97-35215 and 97-35225
|
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 | |
C026195
|
Stevenson v. Baum
Seller satisfies disclosure obligation by specifying in contract that transfer is subject to easements of record. |
Real Property |
|
Apr. 11, 1999 |