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Name Category Published
Lobster v. The Boeing Co.
Order
Civil Procedure Nov. 6, 2000
United States v. Coastal Healthcare Group Inc.
Order
Torts Nov. 6, 2000
U.S. v. Sealed 1
Foreign country conducting criminal investigation may seek assistance from United States even if formal proceeding is not imminent.
Government Nov. 5, 2000
McDonald v. Thomas
Governor's denial of prisoner's recommended commutation of sentence is timely.
Criminal Law and Procedure Nov. 5, 2000
Whitt v. United States
Order
Nov. 5, 2000
Hughes v. United States
Order
Nov. 5, 2000
MBNA America v. Locke (In re Greene)
The Federal Rules of Bankruptcy Procedure do not and cannot extend 90 day preference period.
Bankruptcy Nov. 3, 2000
Tento International Inc. v. State Farm Fire and Casualty JSL Co.
Insurer is liable for rain-damage to insured's property when damage is proximately caused by contractor's failure to install temporary roof covering.
Insurance Nov. 3, 2000
Saffold v. Newland
Statute of limitations for habeas corpus petition is tolled from time first state habeas petition is filed until rejected by state supreme court.
Criminal Law and Procedure Nov. 3, 2000
McIntyre v. United States (In re McIntyre)
Internal Revenue Service may levy ERISA-regulated pension benefits to satisfy husband's tax debt.
Bankruptcy Nov. 3, 2000
U.S. v. Hinton
There is no reasonable expectation of privacy in the outside of package placed in post office parcel locker.
Criminal Law and Procedure Nov. 3, 2000
Wetzel v. Lou Ehlers Cadillac Group Long Term Disability Insurance Program
State law governs limitations period while federal law determines when claims for benefits accrue under ERISA plans.
Insurance Nov. 3, 2000
National Parks & Conservation Assn. v. U.S. Dept. of Transportation
FAA may approve airport runway extension project without final funding for measures to prevent alien species from entering Hawaii.
Administrative Agencies Nov. 3, 2000
U.S. v. Timbana
To find accused competent to enter plea, court does not err in conducting searching inquiry.
Criminal Law and Procedure Nov. 3, 2000
Aguilera v. Pirelli Armstrong Tire Corp.
Laid-off, replacement employees' state law claims against employer are pre-empted by Labor Management Relations Act.
Employment Law Nov. 3, 2000
Desaigoudar v. Meyercord
Second amended complaint may be dismissed with prejudice for repeated failure to satisfy pleading requirements.
Civil Procedure Nov. 3, 2000
Wyner v. Manhattan Beach Unified School District.
California Special Education Hearing Office cannot review noncompliance issues arising out of final administrative determination it made in prior due process proceedings.
Education Nov. 3, 2000
U.S. v. Reyes-Platero
Court has jurisdiction to hear appeal of Mexican national who pleaded guilty to being deportable but was not informed about right to contact consulate.
Immigration Nov. 3, 2000
Aetna Life Insurance Co. v. Bayona
Life insurance plan fiduciary may file interpleader action under ERISA when faced with conflicting claims to same proceeds.
Employment Law Nov. 3, 2000
Torres v. Prunty
Defendant's due process rights are violated by state court failure to hold competency hearing, despite considerable evidence suggesting he wasn't competent to stand trial.
Criminal Law and Procedure Nov. 3, 2000
Lundell v. Anchor Construction Specialists (In Re Lundell)
Bankruptcy court properly allocated burden of proof of invalidity of claim on debtor by discounting his testimony.
Bankruptcy Nov. 3, 2000
U.S. v. Working
Court's explanation for granting downward departure in defendant's sentence must be stated in sufficiently specific language to allow appellate review.
Criminal Law and Procedure Nov. 3, 2000
Dubria v. Smith
Admission of unredacted tape and transcript of pre-arrest interview by police did not violate inmate's constitutional right to due process.
Criminal Law and Procedure Nov. 3, 2000
U.S. v. Reilly
Inevitable discovery doctrine inapplicable when police don't exercise actual opportunity to obtain search warrant and nothing outside improper search supports discovery of challenged evidence.
Criminal Law and Procedure Nov. 3, 2000
Laboa v. Calderon
Admission of co-defendant's involuntary confession is harmless error where confession did not have substantial and injurious effect on jury verdict.
Criminal Law and Procedure Nov. 3, 2000
U.S. v. Littlejohn
Court's failure to warn defendant pleading guilty to distribution of controlled substances of ineligibility for food stamps and social security benefits is harmless error.
Criminal Law and Procedure Nov. 3, 2000
Salisbury v. Mirage Resorts Inc. (In Re Mizuno)
Statute of limitations for bankruptcy proceeding does not run on date creditor is appointed as functional equivalent to debtor in possession.
Bankruptcy Nov. 3, 2000
Agua Caliente Band of Cahuilla Indians v. Hardin
State sovereignty doesn't bar Indian tribe from seeking declaratory and injunctive relief against state officials for imposing sales tax on purchases at tribal resort.
Taxation Nov. 3, 2000
Sims v. U.S. Dept. of Health and Human Services (In Re TLC Hospitals Inc.)
Prepayments made to Medicare health services provider before it files bankruptcy petition may be deducted from post-petition overpayments.
Bankruptcy Nov. 3, 2000
U.S. v. Liang
Venue statue for offenses committed on high seas doesn't apply to person arrested in one U.S. district but tried in another.
Criminal Law and Procedure Nov. 3, 2000