Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
00-4008
|
Aguilera v. Kirkpatrik
INS' decision not to join in reopening deportation proceedings is not violation of aliens' constitutional rights. |
Immigration |
|
May 9, 2001 | |
99-5173
|
Oil, Chemical, & Atomic Workers International Union (AFL-CIO) v. Conoco, Inc.
Compulsory arbitration is improper before judge has determined whether terms of collective bargaining agreement allow arbitration of specific disputes. |
Labor Law |
|
May 9, 2001 | |
00-8004
|
Allen v. Wal-Mart Stores, Inc.
Res Ipsa Loquitur doctrine doesn't apply where jury could reasonably infer injury was caused by either defendant's or plaintiff's negligence. |
Torts |
|
May 9, 2001 | |
99-10501
|
U.S. v. Aquino
Defendant's underlying sentence may not be enhanced more than once even if he possessed multiple illegal weapons. |
Criminal Law and Procedure |
|
May 9, 2001 | |
99-1557
|
Steinbach v. Dillon Co.
State tort claims of tortious interference with contract and intentional infliction of emotional distress are preempted by Labor Management Relations Act. |
Labor Law |
|
May 9, 2001 | |
00-3126
|
U.S. v. Arevalo
Death threat need not be 'express' for sentence enhancement if offender's words or actions instill fear of death in reasonable person. |
Criminal Law and Procedure |
|
May 9, 2001 | |
98-71513
|
Chao v. Symms Fruit Ranch Inc.
When safety violation is found, Occupational Safety and Health Review Commission has authority to deem violation de minimis and enter no sanction. |
Administrative Agencies |
|
May 9, 2001 | |
B134256
|
Epstein v. Hollywood Entertainment District II Business Improvement District
Non-profit corporation created to administer funds of Business Improvement District is subject to state open meeting law. |
Government |
|
May 9, 2001 | |
98-70828
|
Al-Harbi v. INS
Petitioner's evacuation from Iraq by American airlift is sufficient to support claim of 'well-founded fear' of persecution. |
Immigration |
|
May 9, 2001 | |
99-9031
|
Estate of McMorris
Events occurring after death are not to be considered in valuing deductions for claims against decedent's estate. |
Taxation |
|
May 9, 2001 | |
99-4223
|
Nicholas v. Leavitt
Deadline of settlement agreement may be extended because state agency was in substantial non-compliance. |
Civil Procedure |
|
May 9, 2001 | |
00-2013 and 00-2014
|
U.S. v. Duncan
Government may refuse to file substantial assistance motion if not unconstitutionally motivated and related to legitimate government end. |
Criminal Law and Procedure |
|
May 9, 2001 | |
00-1007
|
U.S. v. Edwards
Warrantless search of car held unlawful because defendant was not near car when arrested and was in custody at time of search. |
Criminal Law and Procedure |
|
May 9, 2001 | |
99-1284
|
Kikumura v. Hurley
Prisoner's first amendment rights not denied where prison refuses to allow pastoral visits. |
Constitutional Law |
|
May 9, 2001 | |
99-56465
|
Lissner v. U.S. Customs Service
U.S. Custom Service must provide citizen with information on officers involved in smuggling incident because balance of interests favors disclosure. |
Government |
|
May 9, 2001 | |
98-35976
|
On the Green Apartments LLC v. City of Tacoma
City ordinance restricting ability of residents to haul their own garbage and requiring use of city landfill does not present constitutional issue. |
Constitutional Law |
|
May 9, 2001 | |
98-70965
|
Agbuya v. INS
Alien who is threatened, kidnapped and physically abused by violent anti-government group establishes well-founded fear of future persecution. |
Immigration |
|
May 9, 2001 | |
99-16239
|
Boston Mutual Insurance v. Murphree
Employee health plan, governed by ERISA, may not coordinate medical benefits with participant's uninsured motorist coverage. |
Insurance |
|
May 9, 2001 | |
99-16636
|
Bragg v. Galaza
Writ of habeas corpus denied where ineffective assistance of counsel claim is factually inadequate to support review. |
Criminal Law and Procedure |
|
May 9, 2001 | |
99-9508
|
Arapahoe County Public Airport Authority v. FAA
State agency's ban on scheduled passenger service is preempted by federal statute and Supremacy Clause. |
Administrative Agencies |
|
May 9, 2001 | |
00-56561
|
City of San Diego v. Whitman
Court lacked subject matter jurisdiction where EPA letter to city doesn't constitute final agency action. |
Administrative Agencies |
|
May 9, 2001 | |
98-10449
|
U.S. v. Dipentino
Court errs in constructively amending grand jury indictment by instructing jury on work practice standard that defendants were not charged with violating. |
Criminal Law and Procedure |
|
May 9, 2001 | |
98-70979
|
Martirosyan v. INS
Order |
|
May 9, 2001 | ||
99-50773
|
U.S. v. Santillan
Man violates Lacey Act when he attempts to transport baby parrots across Mexican border knowing it is illegal. |
Criminal Law and Procedure |
|
May 9, 2001 | |
99-16010
|
Lockhart v. Terhune
Sixth Amendment is violated and prejudice is presumed when defendant does not effectively waive attorney's conflict of interest. |
Criminal Law and Procedure |
|
May 9, 2001 | |
99-8084
|
McKenzie v. Dovala
Summary judgment is improper where plaintiff provides sufficient evidence of prima facie case that defendant violated ADA. |
Civil Rights |
|
May 9, 2001 | |
99-3287
|
Rodriguez v. IBP, Inc.
Plaintiff may be held in contempt and sanctions may be imposed for failure to comply with continuing duty to disclose. |
Civil Procedure |
|
May 9, 2001 | |
99-50688
|
U.S. v. Herrea-Rojas
At sentencing hearing court must rule on defendant's objections to presentence report and state whether they are relevant to sentence imposed. |
Criminal Law and Procedure |
|
May 9, 2001 | |
99-71253
|
Redlands Surgical Services v. IRS
Order |
|
May 9, 2001 | ||
99-71013
|
Morrissey v. Commissioner of Internal Revenue
Sale of stock between willing participants should have been considered in valuing estate's assets for tax liability. |
Taxation |
|
May 9, 2001 |