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Name Category Published
US v. Pompey
Court did not err in finding defendant competent to stand trial.
Criminal Law and Procedure Nov. 13, 2001
Pacific Coast Federation fo Fishermen's Assn. Inc. v. National Marine Fisheries Service
Amended opinion
Nov. 13, 2001
U.S. v. Velasco-Heredia
Order
Nov. 13, 2001
Schwartz v. Brotherhood of Maintenance Way Employees
Union Chairman's 'arbitrary' advice amounts to potential breach of duty of fair representation.
Labor Law Nov. 13, 2001
U.S. v. Rodriguez-Aguirre
Among other things, court errs in dismissing case for lack of standing and applying doctrine of laches when applicable statute of limitations exists.
Criminal Law and Procedure Nov. 13, 2001
U.S. v. Santana-Garcia
Motion to suppress is reversed where officer had probable cause to detain suspects at time of their consent to search.
Criminal Law and Procedure Nov. 13, 2001
Carlson v. United Academics-AAUP/AFT
Union's objection system doesn't discriminate between nonmembers who object to agency fee, but accept reduced fee computation and those challenging fee calculation.
Labor Law Nov. 13, 2001
Boxx v. Long Warrior
Tribal Court doesn't have jurisdiction over personal injury action against non-Indian arising from accident on 'non-Indian fee land' on reservation.
Native American Affairs Nov. 13, 2001
F.S.J., a Minor
Prosecutor's certification of juvenile case for federal court was not subject to judicial review.
Juveniles Nov. 13, 2001
U.S. v. Ochoa-Gaytan
Criminal defendant may be eligible for reduced sentence for acceptance of responsibility despite refusal to plead guilty.
Criminal Law and Procedure Nov. 13, 2001
U.S. v. Sparks
Defendant's prior conviction did not qualify him for sentencing under Armed Career Criminal Act.
Criminal Law and Procedure Nov. 13, 2001
Cukierman v. Uecker (In re Cukierman)
'Further rent' obligations in commercial lease are entitled to administrative priority when found to be payment of secured promissory notes.
Bankruptcy Nov. 13, 2001
Southern California Gas Co. v. Utility Workers Union of America, Local 132, AFL-CIO
Court affirms arbitrator's order that employer must reinstate employees who failed federally mandated drug tests because results were reviewed by imposter physician.
Employment Law Nov. 13, 2001
Homans v. City of Albuquerque
Because all requirements for emergency motion for injunction pending appeal are satisfied, defendants are enjoined from further enforcing provision of city charter.
Civil Procedure Nov. 13, 2001
U.S. v. Holt
Police officer may ask motorist about presence of weapons even in absence of particularized suspicion.
Constitutional Law Nov. 13, 2001
Security Farms v. General Teamsters (In re General Teamsters, Warehousemen and Helpers Union, Local 890)
International parent union does not have equity interest in local union's bankruptcy liquidation.
Bankruptcy Nov. 13, 2001
City of Philadelphia v. Fleming Companies
Plaintiffs did not show defendants knowingly and recklessly failed to disclose information of litigation in violation of securities act.
Securities Nov. 13, 2001
U.S. v. Hillcrest Health Center
Plaintiff's qui tam action dismissed because prior action was public disclosure and plaintiff did not qualify for original source exception.
Torts Nov. 13, 2001
People v. International Fidelity Insurance Co.
Failure to adhere to requirements of Penal Code Sections 1305 and 1306 voided summary judgment on bail bond.
Criminal Law and Procedure Nov. 13, 2001
Harris v. Owens
Medicaid recipient isn't entitled to recover portion of settlement funds from state's lawsuit against tobacco companies.
Torts Nov. 13, 2001
U.S. v. Gamma Tech Industries Inc.
District court properly ordered restitution even though government did not initiate restitution request.
Contracts Nov. 13, 2001
Keyser v. Sacramento City Unified School District
Amended opinion
Nov. 13, 2001
Campbell v. Rice
Habeas petition granted for ineffective assistance of counsel where defense attorney was facing felony drug charges from same prosecutorial agency.
Criminal Law and Procedure Nov. 13, 2001
Little v. Windermere Relocation Inc.
Title VII claims may proceed where the report of alleged rape resulted in hostile work environment and retaliation.
Civil Rights Nov. 13, 2001
Rodriguez v. Airborne Express
Lawsuit is dismissed because plaintiff failed to exhaust administrative remedies by not filing timely charge with Department of Fair Employment and Housing.
Employment Law Nov. 13, 2001
FTC v. Gill
Company that promised to repair credit and accepted payment prior to services violated federal credit law.
Administrative Agencies Nov. 13, 2001
E.F.W. v. St. Stephen's Indian High School
Indian tribes have sovereign immunity and must expressly waive that immunity before being subject to liability.
Civil Rights Nov. 13, 2001
U.S. v. Horizon West Inc.
Private party may sue for Medicare fraud because prior disclosures had not already revealed underlying allegations.
Civil Procedure Nov. 13, 2001
U.S. v. West Coast Aluminum Heat Treating Co.
Court did not err by using loss calculation based on government's net profit analysis in determining fine to be imposed on defendants.
Criminal Law and Procedure Nov. 13, 2001
Batlan v. TransAmerica Commercial Finance Corp. (In re Smith's Home Furnishings)
Trustee failed to show that preferential payments to floating lien creditor were avoidable transfers.
Bankruptcy Nov. 13, 2001