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Firestone v. Southern California Gas Co.
Federal law pre-empts state law claims that are 'inextricably intertwined' with meaning of terms in collective bargaining agreement.
Labor Law Apr. 24, 2002
U.S. v. Thompson
Sentence enhancement based on number of child pornography computer files was correctly applied.
Criminal Law and Procedure Apr. 24, 2002
McBride v. CITGO Petroleum Corp.
When employee fails to exhaust administrative remedies, dismissal of ADA claim is proper.
Employment Law Apr. 24, 2002
Rogers v. U.S.
Recharacterization of transaction as a sale rather than loan for tax purposes is proper under substance-over-form doctrine.
Taxation Apr. 24, 2002
U.S. v. Angevine
Professor had no reasonable expectation of privacy when downloading child pornography on university computer.
Criminal Law and Procedure Apr. 24, 2002
Papa v. United States
Statute of limitations period for minor children's 'Bivens' claims is tolled until they reach age of majority or file suit.
Immigration Apr. 24, 2002
Butler v. Elle
Because of material failures and omissions in investigator's affidavit, warrant is issued without probable cause.
Criminal Law and Procedure Apr. 24, 2002
Florez v. Williams
Denial of ineffective assistance of counsel claims arising from failure to request instructions is contrary to federal law.
Criminal Law and Procedure Apr. 24, 2002
Chia v. Cambra
Because statements to police were reliable and crucial to defense, it was error for trial court to exclude them.
Criminal Law and Procedure Apr. 24, 2002
U.S. v. Cummings
International Parental Kidnapping Crime Act is valid exercise of Congress' Commerce Clause powers.
Criminal Law and Procedure Apr. 24, 2002
Allen v. Geneva Steel Co. (Geneva Steel Co.)
Claim alleging fraud in retention of security is not a general unsecured claim.
Bankruptcy Apr. 24, 2002
Villiarimo v. Aloha Island Air Inc.
Airline has no civil liability for terminating employees who damaged airplane.
Employment Law Apr. 24, 2002
Salazar-Paucar v. INS
Asylum petition is granted where INS failed to rebut presumption of well-founded fear of persecution by Peruvian guerrillas.
Immigration Apr. 24, 2002
Bachler v. United States
Transfer of property that skips generation is exempt from estate tax.
Taxation Apr. 24, 2002
Lewis v. Barnhart
Although commissioner's position was incorrect, it was substantially justified and there is no abuse of discretion in denying attorneys fees.
Administrative Agencies Apr. 24, 2002
Hagerman v. United Transportation Union
Because Surface Transportation Board has authority over railroad mergers, district court lacks jurisdiction over railroad employees' contract claims relating to merger.
Administrative Agencies Apr. 24, 2002
Tahoe-Sierra Preservation v. Tahoe Regional Planning
Order
Apr. 24, 2002
Paulson v. City of San Diego
Order
Apr. 24, 2002
Yu v. Albany Insurance Co.
Failure to comply with unambiguous Captain Warranty provision, despite lack of evidence of causal connection between breach and loss, precludes insurance coverage.
Maritime Law Apr. 24, 2002
Tahoe-Sierra Preservation Council Inc. v. ECR Tahoe Regional Planning Agency
Temporary development moratorium does not deprive landowners of all value or use of property and does not effect a taking.
Real Property Apr. 24, 2002
Opinion of Bill Lockyer
County board of education may not meet in closed session to discuss employment related issues concerning superintendent's employees.
Government Apr. 24, 2002
Opinion of Bill Lockyer
Full-time, salaried Federal law enforcement officers are exempt from state law prohibition against carrying concealed, loaded firearms while off-duty.
Government Apr. 24, 2002
Opinion of Lockyer
City council may continue benefits for departing members who participate on self-pay basis.
Government Apr. 24, 2002
Community Dental Services v. Tani
Amended opinion
Apr. 24, 2002
Mitchell v. Brinkman
Order
Apr. 24, 2002
Bui v. IBP, Inc.
Order
Apr. 23, 2002
In re Cooper
Order
Apr. 23, 2002
In re Kimboko
Order
Apr. 23, 2002
US v. Francis
Order
Apr. 23, 2002
Minner v. Dayton Hudson Corporation
Order
Apr. 23, 2002