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Kukje Hwajae Insurance Co. v. The M/V Hyundai Liberty
Lawsuit relying on defendant's bill of lading to show breach is subject to forum selection clause.
Contracts Aug. 23, 2005
U.S. v. Wyatt
Defendants who strung ropes above helicopter landing site to obstruct timber harvest are guilty of federal crime.
Criminal Law and Procedure Aug. 23, 2005
Gatti v. Reliance Standard Life Insurance Co.
Insurer's violation of ERISA time limits does not justify more stringent review of its decision to deny coverage.
Insurance Aug. 23, 2005
U.S. v. Quaempts
Defendant who opened front door to police while lying in bed did not waive expectation of privacy.
Criminal Law and Procedure Aug. 23, 2005
Perez v. Gonzales
Immigrant failed to demonstrate that rapes suffered in country of origin amounted to persecution.
Immigration Aug. 23, 2005
U.S. v. Ameline
Judge who imposed sentence when Sentencing Guidelines were mandatory will be asked whether sentence would change since Guidelines became advisory.
Criminal Law and Procedure Aug. 23, 2005
Menotti v. City of Seattle
Emergency order prohibiting access to parts of city during trade conference was constitutional.
Constitutional Law Aug. 23, 2005
Juan H. v. Allen
Juvenile found culpable for first-degree murder because he was present at shooting is entitled to habeas relief.
Juveniles Aug. 23, 2005
Thomas v. Gonzales
Family membership may constitute membership in 'particular social group' for asylum purposes.
Immigration Aug. 23, 2005
Collier v. Bayer
Application of Nevada's time limits to defendant's habeas petition did not preclude federal review of petition.
Criminal Law and Procedure Aug. 23, 2005
U.S. v. Sandoval-Lopez
Attorney may be ineffective by not filing requested appeal even if defendant waived right to appeal in plea agreement.
Criminal Law and Procedure Aug. 23, 2005
Valles v. Ivy Hill Corp.
State lawsuit against employer for failing to provide meal breaks is not preempted by federal law.
Labor Law Aug. 23, 2005
Timbreza v. Gonzales
Order
Aug. 23, 2005
Wong v. Regents of the University of California
Medical school defeats discrimination claim by student who failed to prove he was disabled.
Civil Rights Aug. 23, 2005
Shannon v. Newland
State supreme court decision handed down after petitioner's conviction did not trigger new one-year statute of limitations for habeas petition.
Criminal Law and Procedure Aug. 23, 2005
U.S. v. Burt
Defendant convicted of conspiracy to transport illegal aliens was entitled to have jury instructed on public authority defense.
Criminal Law and Procedure Aug. 23, 2005
Albillo-De Leon v. Gonzales
Filing deadline under Nicaraguan Adjustment and Central American Relief Act is subject to equitable tolling.
Immigration Aug. 23, 2005
Overstreet v. United Brotherhood of Carpenters and Joiners of America
Contracting companies cannot prevent union members from holding large banners announcing 'labor dispute.'
Labor Law Aug. 23, 2005
Barton v. U.S. District Court (SmithKline Beecham Corp.)
Attorney-client privilege attaches to answers provided by prospective clients to questionnaire that contained clause waiving privilege.
Attorneys Aug. 23, 2005
U.S. v. Davis
Guilty plea can be withdrawn prior to sentencing when defense counsel grossly mischaracterizes possible sentence.
Criminal Law and Procedure Aug. 23, 2005
U.S. v. 144,774 Pounds of Blue King Crab
Crab acquired in violation of Lacey Act constitutes property that is illegal to possess under Civil Asset Forfeiture Reform Act.
Civil Procedure Aug. 23, 2005
Marcos v. Gonzales
Death threats against immigrant in country of origin created well-founded fear of future persecution.
Immigration Aug. 23, 2005
Huftile v. Miccio-Fonseca
Favorable termination rule applies to civil commitments under California's Sexually Violent Predators Act.
Criminal Law and Procedure Aug. 23, 2005
Chen v. Gonzales
Order
Aug. 23, 2005
Spoklie v. State of Montana
Plaintiffs' federal claims against State of Montana are precluded by final judgment previously entered in their parallel state court case.
Civil Procedure Aug. 23, 2005
U.S. v. Bahena-Cardenas
Warrant of deportation may be admissible evidence in trial against defendant charged with illegal entry after deportation.
Immigration Aug. 23, 2005
Boyd v. Bert Bell/Pete Rozell NFL Players Retirement Plan
Former NFL player was not entitled to degenerative disability benefits.
Employment Law Aug. 23, 2005
U.S. v. Holler
Government's use of informant to assist in capturing defendant in drug bust did not violate due process.
Criminal Law and Procedure Aug. 23, 2005
Enriquez v. Gonzales
Alien's adjustment of status did not occur until he was automatically adjusted to lawful permanent resident.
Immigration Aug. 23, 2005
U. S. v. Weatherspoon
Vouching for credibility of witnesses constitutes prosecutorial misconduct that was prejudicial to defendant's case.
Criminal Law and Procedure Aug. 23, 2005