| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
98-55456
|
Adler v. The Federal Republic of Nigeria
Criminal conspiracy to defraud foreign nation can provide federal jurisdiction under 'commercial activity' exception to Foreign Sovereign Immunity Act. |
Civil Procedure |
|
Oct. 5, 2000 | |
|
98-35536
|
Kibler v. Walters
Prisoner doesn't exhaust federal constitutional claim in motion for discretionary review when claim was only referenced in brief submitted to lower court. |
Criminal Law and Procedure |
|
Oct. 5, 2000 | |
|
S056079
|
People v. Dingman
Review granted |
|
Oct. 5, 2000 | ||
|
S058438
|
People v. Dew
Order |
|
Oct. 5, 2000 | ||
|
98-56261
|
Pershing Park Villas v. United Pacific Insurance Co.
Homeowners cannot recover directly from insurer without establishing that their claim was covered under the policy. |
Insurance |
|
Oct. 5, 2000 | |
|
97-36074
|
Right v. Riveland
Washington statute authorizing deduction of funds received by inmates from outside sources does not violate due process. |
Constitutional Law |
|
Oct. 5, 2000 | |
|
97-55262
|
Duran v. City of Maywood
Court did not abuse discretion in failing to give 'Alexander' instruction when no facts showed police actions were excessive or unreasonable. |
Criminal Law and Procedure |
|
Oct. 5, 2000 | |
|
98-56219
|
Solis v. Garcia
Jurors are not required to unanimously agree upon basis for guilt in reaching unanimous guilty verdict when alternate legally valid theories exist. |
Criminal Law and Procedure |
|
Oct. 5, 2000 | |
|
98-56166
|
Disalvo v. PeJoTc (In re Disalvo)
Chapter 11 Debtor who pursues rights as debtor-in-possession in nondischargeability litigation is barred from advancing debtor-in-possession claims in same forum. |
Bankruptcy |
|
Oct. 5, 2000 | |
|
97-15127
|
Bass v. First Pacific Networks Inc.
Where supersedeas bond is issued pursuant to Federal Rules, federal law regarding recoverability of attorney fees applies. |
Civil Procedure |
|
Oct. 5, 2000 | |
|
97-55628
|
Tocher v. City of Santa Ana
Municipal ordinances regulating towing businesses' interactions with private individuals are pre-empted by federal statute. |
Government |
|
Oct. 5, 2000 | |
|
99-35799
|
Big Horn County Electric Cooprative Inc. v. Adams
Tribe exceeds its regulatory jurisdiction in assessing ad valorem tax on value of non-member utility property located on the equivalent of non-Indian fee land. |
Native American Affairs |
|
Oct. 5, 2000 | |
|
99-10071
|
U.S. v. Albers
Ram-air chutes used to jump from structures in national parks are parachutes for purposes of federal law. |
Criminal Law and Procedure |
|
Oct. 5, 2000 | |
|
98-70965
|
Agbuya v. INS
Alien who is threatened, kidnapped and physically abused by violent anti-government group establishes well-founded fear of future persecution. |
Immigration |
|
Oct. 5, 2000 | |
|
99-15441
|
County of Santa Cruz v. Cervantes (In re: Cervantes)
Absent parents' debt to county for prejudgment payments cannot be discharged in bankruptcy. |
Bankruptcy |
|
Oct. 5, 2000 | |
|
99-70136
|
Benci-Woodward v. Commissioner of Internal Revenue
Taxpayers may not exclude portion of punitive damages award retained by attorney pursuant to contingent fee agreement from gross income. |
Taxation |
|
Oct. 5, 2000 | |
|
99-71446
|
DeGeorge v. U.S.
Writ of mandamus is extreme measure only available when sought-after relief not available on direct appeal. |
Criminal Law and Procedure |
|
Oct. 5, 2000 | |
|
98-10483
|
U.S. v. Ciccone
Evidence relating to victims' uninformed opinions that telemarketing scheme is legitimate, propounded by accused to rebut specific intent element of wire fraud is properly excluded. |
Criminal Law and Procedure |
|
Oct. 5, 2000 | |
|
98-35731
|
Omega Environmental Inc., v. Valley Bank NA (In re Omega Environmental Inc.)
Under the UCC, bank perfects its security interest in certificate of deposit by possession. |
Bankruptcy |
|
Oct. 5, 2000 | |
|
98-36140
|
Union Pacific Railroad Co. v. Mower
Under Oregon law, former employee's implied duty of confidentiality is superseded by unambiguous terms of resignation agreement. |
Employment Law |
|
Oct. 5, 2000 | |
|
98-70934
|
Abovian v. INS
Due process requires BIA denials of asylum to be supported by credibility findings that offer specific, cogent reasons for any stated disbelief. |
Immigration |
|
Oct. 5, 2000 | |
|
99-50213
|
U.S. v. Ruelas-Arreguin
Venue is proper both where alien is seen and arrested, and in district where illegal entry is made. |
Immigration |
|
Oct. 5, 2000 | |
|
98-56468
|
Firestone v. Southern California Gas Co.
Federal law pre-empts state law claim for time-and-a-half of regular hourly rate for hours worked beyond eight in one day. |
Labor Law |
|
Oct. 5, 2000 | |
|
98-35536
|
Kibler v. Walters
Prisoner doesn't exhaust federal constitutional claim in motion for discretionary review when claim was only referenced in brief submitted to lower court. |
Criminal Law and Procedure |
|
Oct. 5, 2000 | |
|
98-35723
|
Gorbach v. Reno
Attorney General's new regulation providing for administrative denaturalization is void without statutory authority. |
Immigration |
|
Oct. 5, 2000 | |
|
98-56157
|
Kennedy v. Southern California Edison Company
Causation jury instruction mandated for asbestos-related cases is applicable to nuclear radiation-related wrongful death action. |
Torts |
|
Oct. 5, 2000 | |
|
98-71363
|
Sidhu v. INS
Adverse credibility finding withstands appellate review where applicant's credibility is questioned and applicant fails to produce corroborating evidence. |
Immigration |
|
Oct. 5, 2000 | |
|
99-15035
|
United States v. Dunifer
District court lacks jurisdiction to adjudicate broadcaster's claim that FCC licensing regulations are unconstitutional. |
Government |
|
Oct. 5, 2000 | |
|
99-15662
|
Estate of Macias v. DLJ/MJ Mark IHDE
Court errs in assuming that murder, and not equal protection, is constitutional deprivation on which civil rights action is based. |
Civil Rights |
|
Oct. 5, 2000 | |
|
99-50250
|
U.S. v. Doe
Government's failure to notify parents of juvenile's right to remain silent is cause to suppress confession of juvenile. |
Criminal Law and Procedure |
|
Oct. 5, 2000 |