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Name Category Published
U.S. v. Kim
Amended opinion
Mar. 23, 2003
Gill v. Stern (In re Stern)
Debtor's transfer of individual retirement account funds into pension plan was not fraudulent conveyance and thus exempt from creditors.
Bankruptcy Mar. 23, 2003
Milenbach v. Commissioner of Internal Revenue
Loan payments made to Raiders professional football team are not taxable income.
Taxation Mar. 23, 2003
Molski v. Gleich
Certification of class action was violative of class member's due process and consent decree was inadequate and unfair.
Civil Procedure Mar. 23, 2003
U.S. v. Soberanes
Prior conviction for attempted possession of eight pounds of marijuana is aggravated felony for purposes of enhancement.
Criminal Law and Procedure Mar. 23, 2003
Armstrong v. Davis
Prisoners who prevailed in disability discrimination suit against prison are entitled to attorney fees.
Prisoners Rights Mar. 23, 2003
U.S. v. Hosoi
Sentence which was less than mandatory minimum improperly relied upon ruling which was scheduled for en banc hearing.
Criminal Law and Procedure Mar. 21, 2003
U.S. v. Crawford
Amended opinion
Mar. 21, 2003
Madison v. Graham
Property owners improperly challenge Montana law on substantive due process grounds; should have made takings claim.
Constitutional Law Mar. 21, 2003
Botsford v. Blue Cross and Blue Shield of Montana Inc.
Federal jurisdiction is proper where Federal Employees Health Benefits Act pre-empts insured's claim against insurer.
Civil Procedure Mar. 21, 2003
U.S. v. Technic Services Inc.
Treasurer of corporation that performs asbestos removal is guilty of violating Clear Water Act.
Environmental Law Mar. 21, 2003
U.S. v. San Juan-Cruz
Administrative Rights and 'Miranda' warnings were invalid because they provided defendant with different and conflicting sets of warnings.
Criminal Law and Procedure Mar. 21, 2003
Sandgathe v. Maass
Claims of ineffective assistance of counsel, premised on defendant's alleged mental incompetence, were properly rejected.
Criminal Law and Procedure Mar. 21, 2003
Rivero v. City and County of San Francisco
City officials are not entitled to qualified immunity from lawsuit accusing them of retaliation for exercise of free speech rights.
Government Mar. 21, 2003
U.S. v. Dahl
Violator of Recreational Fee Demonstration Program cannot be convicted of Class B misdemeanor.
Criminal Law and Procedure Mar. 21, 2003
U.S. v. Rosacker
Sentence for drug offense that was based on unreliable police laboratory report must be recalculated.
Criminal Law and Procedure Mar. 21, 2003
U.S. v. Thiele
Claim for relief from restitution order may not be brought in 28 U.S.C. Section 2255 motion.
Criminal Law and Procedure Mar. 21, 2003
U.S. v. Pace
Amended opinion
Mar. 21, 2003
Anderson v. Evans
Government failed to prepare environmental impact statement before approving Makah Tribe's whaling quota.
Environmental Law Mar. 21, 2003
Bradley v. Duncan
Trial court's refusal to instruct jury on defense of entrapment violated defendant's due process rights.
Criminal Law and Procedure Mar. 21, 2003
Johnson v. Henderson
Equitable estoppel and equitable tolling will not preserve sexual harassment claims where claimant failed to exhaust administrative remedies.
Civil Procedure Mar. 21, 2003
U.S. v. Price
Double jeopardy does not bar defendant's prosecution for Clean Air Act violation.
Environmental Law Mar. 21, 2003
Lawson v. City of Santa Barbara
Order
Mar. 21, 2003
Mayweathers v. Newland
Religious Land Use and Institutionalized Persons Act is constitutional exercise of Congress' spending clause authority.
Constitutional Law Mar. 21, 2003
Salta v. INS
Board of Immigration Appeals abused its discretion when applying evidentiary requirements of certified mail receipt to regular mail delivery.
Immigration Mar. 21, 2003
U.S. v. Hernandez
Border agents had probable cause to arrest passenger in rear seat of vehicle containing drugs.
Criminal Law and Procedure Mar. 21, 2003
Platinum Capital, Inc. v. Sylmar Plaza (In re Sylmar Plaza)
Chapter 11 reorganization plan which enables debtor to avoid default penalties does not indicate plan was created without 'good faith.'
Bankruptcy Mar. 21, 2003
Geurin v. Winston Industries Inc.
Manufacturer of fryer that injured plaintiff was entitled to introduce evidence that third parties were responsible for accident.
Torts Mar. 21, 2003
Fields v. Woodford
Amended opinion
Mar. 21, 2003
Arakaki v. State
Hawaii's requirement that trustees of Office of Hawaiian Affairs be Hawaiian violates Fifteenth Amendment and Voting Rights Act.
Constitutional Law Mar. 21, 2003