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Name Category Published
Air Transport Assn. of America v. City and County of San Francisco
Federal acts do not pre-empt city ordinance which maintains that equal benefits should be provided to registered domestic partners
Constitutional Law Nov. 19, 2001
Chen v. INS
Immigrant may be eligible for asylum based on opposition to Chinese marriage and family planning laws.
Immigration Nov. 19, 2001
T.S. v. Independent School District No. 54
Court lacks jurisdiction to hear disabled student's lawsuit that fails to allege substantive loss of educational opportunities.
Civil Rights Nov. 19, 2001
Hall v. Norton
Court lacked jurisdiction over challenge to federal land transfer under Clean Air Act, but plaintiff had standing under National Environmental Policy Act.
Administrative Agencies Nov. 19, 2001
U.S. v. Price
Informant's out-of-court statements were admissible because defendant procured witness' unavailability.
Criminal Law and Procedure Nov. 19, 2001
Bugenig v. Hoopa Valley Tribe
Native American tribe may regulate logging on land it does not own but is located within its reservation.
Native American Affairs Nov. 19, 2001
Alvarez-Machain v. United States
Among other things, court incorrectly dismisses plaintiff's false arrest claim under Federal Tort Claims Act because there wasn't lawful authority for arrest.
Torts Nov. 19, 2001
Nicholas v. Wallenstein
Plaintiffs involved in jail incident failed to demonstrate that releasing their names to public created known or obvious danger.
Civil Rights Nov. 19, 2001
Engberg v. State of Wyoming
Habeas petitioner's claims of error don't warrant federal habeas relief and his ineffective assistance of counsel claims are procedurally barred.
Criminal Law and Procedure Nov. 19, 2001
Sprewell v. Golden State Warriors
Intentional interference with contract and civil conspiracy claims are not pre-empted since claims were not waived in collective bargaining agreement.
Torts Nov. 19, 2001
State of Idaho v. Horiuchi
Order
Nov. 19, 2001
Jinro America Inc. v. Secure Investments Inc.
Jury verdict against foreign company is reversed because of ethnically biased expert testimony.
Civil Procedure Nov. 19, 2001
U.S. v. Corona-Sanchez
Order
Nov. 19, 2001
United Food and Commercial Workers Union v. NLRB
Order
Nov. 19, 2001
Kinnell v. Graves
Prisoner who filed more than three actions dismissed as frivolous was properly barred from proceeding in forma pauperis.
Civil Procedure Nov. 19, 2001
U.S. v. Orso
Confession is admissible even though it was made immediately following statements made without 'Miranda' warning.
Criminal Law and Procedure Nov. 19, 2001
U.S. v. Lomow
Among other things, in ordering restitution, court errs in refusing to offset assets and payments made to victim by other parties.
Criminal Law and Procedure Nov. 19, 2001
Michael v. Riverside Cement Company Pension Plan
ERISA violation is found where pension plan amendment reduced early retirement payments.
Employment Law Nov. 19, 2001
Martinez v. Klauser
Petition for habeas relief may proceed because of unclear state procedural rule.
Criminal Law and Procedure Nov. 19, 2001
Martinez v. Uphoff
Prison administrators are not liable for murder of correctional officer by inmates because they did not cause his death.
Torts Nov. 19, 2001
Swonger v. Surface Transportation Board
Seniority is not 'benefit' protected during railroad merger if adjustment is necessary to complete consolidation.
Labor Law Nov. 19, 2001
Baldwin v. Trailer Inns Inc.
Court correctly grants summary judgment for employer on employees' overtime claim under federal act, but summary judgment improper on contract breach claim.
Employment Law Nov. 19, 2001
Crawford v. Commissioner of Internal Revenue
No separation of powers violation where special trial judges appointed by Tax Court review constitutionally based tax claims.
Taxation Nov. 19, 2001
Kennedy v. Southern California Edison Co.
Order
Nov. 19, 2001
Van Buskirk v. Baldwin
Convicted defendant failed to offer enough evidence of innocence to entitle him to hearing for post-conviction relief.
Criminal Law and Procedure Nov. 19, 2001
Gallo-Alvarez v. Ashcroft
INS may reinstate a deportation order after alien was granted voluntary departure in lieu of deportation.
Immigration Nov. 19, 2001
Hart v. Massanari
Ninth Circuit rule barring citation of unpublished dispositions is not unconstitutional.
Civil Procedure Nov. 19, 2001
U.S. v. Tighe
Juvenile adjudication may not be calculated as predicate offense under Armed Career Criminal Act.
Criminal Law and Procedure Nov. 19, 2001
U.S. v. Gilbert
Tax statute is violated by failure to account for or pay over withholding tax.
Taxation Nov. 19, 2001
Regula v. Delta Family-Care Disability Survivorship Plan
Court should've determined whether ERISA plan had conflict of interest before applying deferential standard of review to plan's decision to discontinue benefits.
Employment Law Nov. 19, 2001