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Name Category Published
California Highway Patrol v. WCAB
Order
Oct. 31, 2001
Lee v. American National Insurance Co.
Federal lawsuit does not need to be returned to state court despite lack of jurisdiction over one of multiple defendants.
Civil Procedure Oct. 30, 2001
U.S. v. Hardman
Migratory Bird Rule did not violate defendant's right to freedom of religion or Free Exercise clause.
Constitutional Law Oct. 30, 2001
American Wildlands v. Browner
Federal agency properly reviewed state's water quality standard under Clean Water Act.
Environmental Law Oct. 30, 2001
U.S. v. Lemay
Introduction of prior acts of child molestation was not so prejudicial as to outweigh probative value.
Criminal Law and Procedure Oct. 30, 2001
U.S. v. Hayden
Federal jurisdiction exists for case of embezzlement and theft of McDonald's restaurant located on U.S. Naval Base.
Criminal Law and Procedure Oct. 30, 2001
Vertigan v. Halter
Applicant's claims of pain should have been credited in determining eligibility for disability benefits.
Administrative Agencies Oct. 30, 2001
U.S. v. Caro
Order
Oct. 30, 2001
Medley v. Polk Co.
Employer who fires employee under honest but mistaken belief that employee abandoned job does not violate Family and Medical Leave Act.
Employment Law Oct. 30, 2001
Sea Coast Foods Inc. v. Lu-Mar Lobster and Shrimp Inc.
Company was not entitled to all attorney fees and costs simply because it accepted Rule 68 offer of judgment.
Contracts Oct. 30, 2001
Herbst v. Cook
Federal habeas petitioner is entitled to adequate notice and opportunity to respond prior to court's sua sponte dismissal of petition as untimely.
Criminal Law and Procedure Oct. 30, 2001
Valderrama v. INS
Board of Immigration Appeals finding that petitioner's testimony at deportation hearing isn't credible is supported by substantial evidence.
Immigration Oct. 30, 2001
Myers v. American Triumph F/V
Where vessel has valid authorization certificate to take fish, no private action may attack taking fish pursuant to that certificate.
Maritime Law Oct. 30, 2001
Seven Words LLC v. Network Solutions
Case is moot when injunctive or declaratory relief is no longer available and there was no timely claim for damages.
Civil Procedure Oct. 30, 2001
EEOC v. Karuk Tribe Housing Authority
Court improperly enforced administrative subpoena against Indian tribe when Age Discrimination in Employment Act did not apply to tribe in this case.
Employment Law Oct. 30, 2001
Leetsch v. Freedman
Legal dispute properly dismissed from U.S. court because case could be resolved adequately in Germany.
Civil Procedure Oct. 30, 2001
Amanda J. v. Clark County School District
School district's failure to disclose full records to parents indicating possible autism violates federal statute and denies child free appropriate public education.
Education Oct. 30, 2001
McDonald v. Schreiner
Insurance company is liable for prejudgment interest as 'claim expense' beyond liability limit.
Insurance Oct. 30, 2001
Baker v. Adventist Health Inc.
Hospital's emergency department doesn't violate Emergency Medical Treatment and Active Labor Act by calling outside expert to perform screening beyond hospital's capabilities.
Torts Oct. 30, 2001
Duvall v. County of Kitsap
County violated Americans with Disabilities Act when it failed to reasonably accommodate hearing-impaired man's request for video-text monitor.
Civil Rights Oct. 30, 2001
Price v. Turner
When 'Wiretap Act' provides no protection for plaintiff's cordless calls at time defendant intercepted them, court properly grants summary judgment for defendants.
Criminal Law and Procedure Oct. 30, 2001
Craven v. University of Colorado Hospital Authority
When plaintiff fails to provide adequate basis for retaliatory discharge claim, employer is entitled to judgment as matter of law.
Civil Rights Oct. 30, 2001
Henderson v. Scott
Amended statute changing dates of parole consideration did not violate ex post facto clause.
Criminal Law and Procedure Oct. 30, 2001
U.S. v. Coutchavlis
Sufficient evidence supports disorderly conduct conviction when defendant's actions on public highway recklessly created 'risk of public alarm,' as required by regulation.
Criminal Law and Procedure Oct. 30, 2001
Rice v. The Office of Servicemembers Group Life Ins.
Plaintiff did not overcome federal presumption of mental capacity to change beneficiaries of life insurance policy.
Insurance Oct. 30, 2001
U.S. v. Eaton
Court affirms conviction and sentence enhancements for possession of unregistered explosive devices.
Criminal Law and Procedure Oct. 30, 2001
Banks v. Gill Distribution Centers, Inc.(In re Banks)
Despite statute of limitations bar on state law claim of fraud, a bankruptcy court may still determine fraud issues in dischargeability hearing.
Bankruptcy Oct. 30, 2001
Waks v. Empire Blue Cross/ Blue Shield
State law claims arising from individual insurance policy, converted from group policy, are not pre-empted under ERISA.
Civil Procedure Oct. 30, 2001
U.S. v. Hitchcock
No violation of Posse Comitatus Act where 'legitimate military concerns' justify military's involvement in civilian criminal investigation.
Criminal Law and Procedure Oct. 30, 2001
Danjaq LLC v. Sony Corp.
Doctrine of laches bars infringement claim to 'cinematic' James Bond character.
Administrative Agencies Oct. 30, 2001