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U.S. v. Arney
Conviction affirmed because instructions to deadlocked jury were not coercive and evidence was not improperly admitted or excluded.
Criminal Law and Procedure Jul. 18, 2001
Krull v. Securities and Exchange Commission
Sanctions against securities dealer are affirmed because substantial evidence supports SEC's findings that he made unsuitable investment recommendations.
Securities Jul. 18, 2001
In re 1997 Toyota Land Cruiser
Equal Access to Justice Act provides for award of attorney fees to individual who obtained settlement from government in forfeiture case.
Attorneys Jul. 18, 2001
Galam v. Carmel (Larry's Apartment L.L.C.)
Attorney fee award granted by bankruptcy court pursuant to Arizona statutes regarding sanctions and contract claims is improper.
Bankruptcy Jul. 18, 2001
American Ironworks & Erectors Inc. v. North American Construction Corp.
Entry of judgment triggers notice of appeal period for prior interlocutory order granting, but not disbursing, attorney fees.
Civil Procedure Jul. 18, 2001
Citizen Potawatomi Nation v. Norton
Court properly dismisses action when tribe unable to join three 'necessary' and 'indispensable' parties.
Civil Procedure Jul. 18, 2001
English v. Colorado Department of Corrections
Racial discrimination suit fails where plaintiff fails to offer proof that employer's claim for firing him is merely pretext.
Employment Law Jul. 18, 2001
Doe v. Unocal Corp.
French corporation does not have sufficient contacts with California subsidiaries to be subject to suit in United States.
Civil Procedure Jul. 18, 2001
Laughon v. International Alliance of Theatrical Stage Employees, Moving Picture Technicians, Artists & Allied Crafts of the United States and Canada
Because local chapter isn't agent of international union, international union isn't vicariously liable for discrimination by local against woman seeking membership.
Civil Rights Jul. 18, 2001
U.S. v. Jackson
Federal kidnapping statute, 18 U.S.C. Section 1201(a)(5), is general intent crime.
Criminal Law and Procedure Jul. 18, 2001
Harrison v. Eddy Potash Inc.
Employer is liable for sexual harassment when employee successfully sues supervisor for battery.
Employment Law Jul. 18, 2001
Pinto v. Massanari
Denial of disability benefits must be supported by findings that claimant can perform past relevant work as generally and actually performed.
Administrative Agencies Jul. 18, 2001
Pawlyk v. Wood
Amended opinion
Jul. 18, 2001
U.S. v. Johansson
Defendant's due process rights were not violated where sentence was enhanced within statutory guidelines for conviction of conspiracy to make false statements.
Criminal Law and Procedure Jul. 18, 2001
Noh v. INS
Immigrant has no grounds to challenge denial of entry imposed by official acting as delegate of Secretary of State.
Immigration Jul. 18, 2001
U.S. v. Hawkins
Air force base regulations requiring vehicles entering or leaving base to stop for inspection don't violate right to privacy.
Criminal Law and Procedure Jul. 18, 2001
Robinson v. Prunty
No qualified immunity for prison officials who place inmates of different races in same yard knowing risk of violent outbreaks.
Prisoners Rights Jul. 18, 2001
Eberl's Claim Service Inc. v. Commissioner of Internal Revenue
Substantial evidence supported tax court's finding that sole shareholder of closely held corporation was overcompensated to avoid tax on dividends.
Taxation Jul. 18, 2001
Tamalini v. Stewart
Convicted defendant has no Sixth Amendment rights on appeal, including qualified right to choice of counsel.
Criminal Law and Procedure Jul. 18, 2001
Scribner v. Worldcom Inc.
Ordinary meaning of employment contract does not permit termination of 'exemplary' employee to facilitate sale of corporate division.
Employment Law Jul. 18, 2001
Simeonoff v. Hiner
Seaman may not be held contributorily negligent for responding to urgent call for assistance from superior.
Maritime Law Jul. 18, 2001
Carlson v. Reed
Public university may treat holder of temporary nonimmigrant visa as non-resident when assessing tuition.
Education Jul. 18, 2001
In re John S.
Non-custodial parent who is registered sex offender must prove contact with child does not pose substantial risk of abuse or neglect.
Juveniles Jul. 18, 2001
Lee v. Wells Fargo Bank
Six month deadline to renew request for attorney fees after intial motion was denied begins to run on date of judge's order.
Civil Procedure Jul. 18, 2001
People v. Hubbart
Sexually Violent Predator Act doesn't violate constitutional guarantees of equal protection and due process.
Criminal Law and Procedure Jul. 18, 2001
Slatkin v. University of Redlands
Summary judgment proper against professor who failed to bring evidence to prove that University denied her tenure because she was Jewish.
Education Jul. 18, 2001
Baldwin v. Kilpatrick (In re Baldwin)
Bankruptcy court properly gave preclusive effect to state court's default judgment.
Bankruptcy Jul. 18, 2001
U.S. v. Hardeman
Amended opinion
Jul. 18, 2001
McGregor v. Gibson
Habeas petition granted where petitioner was found competent under unconstitutional burden of proof and reasonable judge should have doubted his competence.
Criminal Law and Procedure Jul. 18, 2001
U.S. v. Lam
Defendant failed to prove violation of right to speedy trial and his double jeopardy and due process claims fail.
Criminal Law and Procedure Jul. 18, 2001