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Name Category Published
Middletown v. McNeil
State court did not unreasonably apply federal law in finding there was no reasonable likelihood jury was misled by faulty instruction.
Criminal Law and Procedure May 12, 2004
Johnson v. California
U.S. Supreme Court lacks jurisdiction to review decision of state supreme court to remand for further proceedings.
Civil Procedure May 12, 2004
Scarborough v. Principi
Attorney-fees application under Equal Access to Justice Act may be amended after deadline to allege government's position was not substantially justified.
Civil Procedure May 12, 2004
Dretke v. Haley
Federal court faced with claim of actual innocence must first address nondefaulted claims for comparable relief to excuse procedural default.
Criminal Law and Procedure May 12, 2004
Jones v. R.R. Donnelley & Sons Co.
Petitioners' wrongful termination cases are governed by 28 U.S.C. Section 1658 because they arose under Civil Rights Act of 1991.
Employment Law May 12, 2004
U.S. v. Navarro-Vargas
Charge given by district court to grand jury did not deny defendant his Fifth Amendment right to unfettered judgment of grand jurors.
Criminal Law and Procedure May 12, 2004
U.S. v. Navidad-Marcos
District court improperly relied solely on abstract of judgment of prior conviction to enhance defendant's sentence.
Criminal Law and Procedure May 12, 2004
U.S. v. Shipsey
Amended opinion
May 12, 2004
Powers v. The Rug Barn
May 12, 2004
South FL Water Mgmt v. Miccosukee Tribe
Order
May 12, 2004
Kowalski v. Tesmer
Order
May 11, 2004
Retail Flooring Dealers of America Inc. v. Beaulieu of America
Court erred in awarding sanctions against plaintiff because defendant failed to comply with safe harbor provision.
Civil Procedure May 11, 2004
U.S. v. Manion
Jury properly instructed that defendant can be convicted for defendant's own acts constituting mail fraud if defendant knowingly participated in scheme to defraud.
Criminal Law and Procedure May 11, 2004
Holly D. v. California Institute of Technology
Employee who allegedly was coerced to have sex to keep job failed to establish case under Title VII of Civil Rights Act.
Employment Law May 11, 2004
Webster v. Woodford
Judicial expansion of special circumstances that qualify for death sentence did not violate defendant's due process rights.
Criminal Law and Procedure May 11, 2004
U.S. v. Tapia-Marquez
Defendant, whose appeal became moot when he was released from custody while appeal was pending, is not entitled to vacatur of judgment.
Criminal Law and Procedure May 11, 2004
U.S. v. Soriano
Amended opinion
May 11, 2004
Miller v. Cardinale (In re Les DeVille)
Attorney and client who delayed civil lawsuit by filing series of bankruptcy petitions are subject to sanctions.
Bankruptcy May 11, 2004
Ma v. Ashcroft
Husband whose marriage was not legally registered with Chinese government because of his age, qualifies for asylum based on wife's persecution.
Immigration May 11, 2004
Churchill Village LLC v. General Electric
Settlement of class action lawsuit against manufacturer of consumer dishwashers is upheld.
Civil Procedure May 11, 2004
The Wilderness Society v. United States Fish & Wildlife Service
Amended opinion
May 11, 2004
Embury v. King
By removing action from state court to federal court, defendants waived Eleventh Amendment immunity.
Constitutional Law May 11, 2004
U.S. v. Glass
Summary contempt proceeding was improper forum for court to decide that defendant was not entitled to indigent legal services.
Criminal Law and Procedure May 11, 2004
Doe v. Tandeske
Alaska 's sex offender registration and notification statute does not violate plaintiffs' procedural or substantive due process rights.
Criminal Law and Procedure May 11, 2004
U.S. v. Alvarado-Guizar
District court is not required to make factual findings when electing not to impose enhancement for obstruction of justice.
Criminal Law and Procedure May 11, 2004
Rodde v. Bonta
County's plan to close health facility would disproportionately burden disabled and is actionable under ADA.
Civil Rights May 11, 2004
Elvis Persley Enterprises Inc v. Passport Video
Amended opinion
May 11, 2004
Childress v. Darby Lumber Inc.
Lumber mill and construction company constituted single employer for purposes of Worker Adjustment and Retraining Notification Act.
Labor Law May 11, 2004
U.S. v. Delgado
To be convicted for drug possession, defendant did not necessarily need to know such possession constituted violation of law.
Criminal Law and Procedure May 11, 2004
Ellison v. Robertson
Author alleging unlawful sharing of his stories online may sue internet provider for copyright infringement.
Intellectual Property May 11, 2004