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U.S. v. Garcia-Martinez
No institutional bias or due process violation found where expedited removal proceeding adjudicated by INS officer.
Administrative Agencies Jan. 3, 2001
Vickers v. U.S.
Failure of INS to investigate shooting incident may result in liability for subsequent incident.
Torts Jan. 3, 2001
Plumber, Steamfitter, and Shipfitter Industry Pension Plan and Trust v. Siemens Building Technologies Inc.
Possible disclosure of beneficial information to union doesn't make trustee audit of pension plan impermissible when determining if contributions were owed to plan.
Employment Law Jan. 3, 2001
Alexander v. Compton In re: Raejean Bonham
Non-debtor corporations' assets can be consolidated with bankruptcy estate when assets are commingled and there is no distinction between debtor and entities.
Bankruptcy Jan. 3, 2001
U.S. v. Archdale
Court upholds sexual abuse convictions, despite defendant's challenges of erroneous evidentiary rulings and improper sentencing.
Criminal Law and Procedure Jan. 3, 2001
Thomas v. MRH Oregon Fruit Products
Denial of disability benefits by administrator who lacked 'unambiguous' discretion to evaluate claims must be considered anew.
Employment Law Jan. 3, 2001
Noh v. INS
Revocation of student's visa because it was 'illegally obtained' is not valid ground for revocation.
Immigration Jan. 3, 2001
Morris v. Woodford
State Supreme Court's denial of second state habeas petition as untimely does not bar federal review of claims raised in that petition.
Criminal Law and Procedure Jan. 3, 2001
Kona Enterprises Inc. v. Estate of Bernice Pauahi Bishop
Bishop Estate is 'prevailing party' but is only entitled to attorney fees for plaintiffs' claims that are in 'nature of assumpsit.'
Corporations Jan. 3, 2001
O'Loghlin v. County of Orange
Though County's debts were discharged in bankruptcy, it is still liable for post-discharge conduct that violated Americans With Disabilities Act.
Employment Law Jan. 3, 2001
U.S. v. Holmes
Informant who received compensation for identifying defendant does not require special jury instruction.
Criminal Law and Procedure Jan. 3, 2001
U.S. v. Amano
Evidence obtained against foreign national without notifying consulate or providing Miranda warnings in native language is admissible.
Criminal Law and Procedure Jan. 3, 2001
Abovian v. INS
Due process requires BIA denials of asylum to be supported by credibility findings that offer specific, cogent reasons for any stated disbelief.
Immigration Jan. 3, 2001
The Exxon Valdez Icicle Seafoods Inc v. Baker
Exxon is not required to reveal cede back agreement embodied in settlement agreement to jury during punitive damages phase of trial.
Civil Procedure Jan. 3, 2001
U.S. v. Furrow
Warrant requirement not excused in protective sweep of cabin conducted after teenagers inside had been rounded up, carded and arrested.
Criminal Law and Procedure Jan. 3, 2001
U.S. v. Hooper
Spouses of convicted drug traffickers are not entitled to community property share of forfeited proceeds.
Family Law Jan. 3, 2001
Mayfield v. Calderon
Convicted murderer is not prejudiced by his counsel's failure to present more mitigating evidence at penalty phase of trial.
Criminal Law and Procedure Jan. 3, 2001
U.S. v. Johnson
Jury conviction for receipt of stolen government property to be reinstated over Rule 29 acquittal in money laundering case.
Criminal Law and Procedure Jan. 3, 2001
Friedman Enterprises v. B.U.M. International Inc. (In re B.U.M. International Inc.)
Firm is not entitled to contingency fees when bankruptcy court reserves right to review services based on reasonableness and benefit to estate.
Bankruptcy Jan. 3, 2001
U.S. v. Rivera-Sanchez
Order
Jan. 3, 2001
Martirosyan v. INS
Armenian immigrant who would have been required to abuse prisoners of war is eligible for asylum.
Immigration Jan. 3, 2001
Brooks v. City of San Mateo
One failing to demonstrate severe or pervasive harrassment as required for hostile work environment claim cannot meet higher standard of consturctive discharge.
Employment Law Jan. 3, 2001
Evanns v. AT&T Corp., Pacific Bell Inc., MCI Telecommunications Corp.
Filed-rate doctrine bars consumer from stating federal or state claim attacking carrier's pass through of FCC imposed fee.
Civil Procedure Jan. 3, 2001
Katz v. Regents of University of California
Employer with two pension plans is not required to offer early retirement to members of both plans.
Employment Law Jan. 3, 2001
U.S. v. Rodrigues
Court must determine exact nature of agreements between company and investors before calculating appropriate restitution owed by company's chairman.
Criminal Law and Procedure Jan. 3, 2001
Simkins v. Navadacare Inc.
Health insurance covering chemotherapy and blood transfusions includes coverage for high-dose chemotherapy with peripheral stem cell rescue for recurrence of breast cancer.
Insurance Jan. 3, 2001
Stoney Brook I Homeowners Assn. v. Superior Court (Diehl)
Court's order requiring physician to allow temporary personnel access to patient files in order to compile compensation summary is excessively intrusive.
Civil Procedure Jan. 3, 2001
Session Payroll Management Inc. v. Noble Construction Co. Inc.
Prevailing party in breach-of-contract action by third-party beneficiary cannot recover attorney fees where such provision not for benefit of nonsignatory parties.
Contracts Jan. 3, 2001
California State Automobile Inter-Insurance Bureau v. Parichan
'Case within case' procedure not required to establish causation and damages where legal malpractice action takes place in 'transactional setting.'
Attorneys Jan. 3, 2001
Malish v. City of San Diego
Ordinances allowing city to suspend or revoke pawnbroker's local permit based on any violation of applicable state law are pre-empted by state-statutory prohibitions.
Government Jan. 3, 2001