| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
97-17346
|
Berry v. Valence Technology Inc.
Article in industry publication doesn't put investors on inquiry notice which begins one-year statute of limitations for security fraud action. |
Securities |
|
Aug. 6, 1999 | |
|
97-70321
|
Briones v. INS
Confidential government informer has well founded fear of persecution if name on assassination list of insurgents he informed against. |
Immigration |
|
Aug. 6, 1999 | |
|
98-16563
|
Simula Inc. v. Autoliv Inc.
Arbitration agreement must be construed broadly as encompassing all disputes having origin in contract. |
Contracts |
|
Aug. 6, 1999 | |
|
98-55142
|
U.S. v. One 1997 Mercedes, E420
The 60-day period for the government to file a civil forfeiture action applies to claim alleging laundering of drug money. |
Civil Procedure |
|
Aug. 6, 1999 | |
|
97-55115
|
Newman v. American Airlines Inc.
If sufficient evidence shows airline acts unreasonably in refusing passage, summary judgment in Air Carrier Access Act claim is improper. |
Civil Rights |
|
Aug. 6, 1999 | |
|
98-15144
|
United States v. 4.0 Acres of Land
News report of juror's view on a witness's testimony at trial isn't proper basis for new trial in federal condemnation action. |
Real Property |
|
Aug. 6, 1999 | |
|
97-16686
|
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 | |
|
97-17369 and 98-15455
|
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 | |
|
97-16306 and 98-15732
|
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 | |
|
99-70526
|
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 | |
|
98-15579
|
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 | |
|
98-70123 and 98-70126
|
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 | |
|
98-10197
|
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 | |
|
97-50643 and 97-50645
|
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 | |
|
97-55649
|
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 | |
|
98-50289 and 98-50295
|
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 | |
|
97-16449
|
Hodgers-Durgin v. De La Vina
Order |
|
Aug. 6, 1999 | ||
|
98-55037
|
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 | |
|
96-55892
|
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 | |
|
97-56324, 98-56216, 98-56631 and 98-56365
|
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 | |
|
97-55379
|
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 | |
|
97-56772
|
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 | |
|
98-50011
|
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 | |
|
97-10139 and 97-10215
|
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 | |
|
97-10445, 97-10457, 97-10463, 97-10494-6, 97-10515 and 97-10527
|
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 | |
|
97-70000
|
Ratnam v. INS
Order |
|
Aug. 6, 1999 | ||
|
98-15163
|
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 | |
|
97-17006
|
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 | |
|
97-50157 and 97-50286
|
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 | |
|
97-56628
|
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 |