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Name Category Published
National Parks & Conservation Assn. v. U.S. Dept. of Transportation
FAA may approve airport runway extension project without final funding for measures to prevent alien species from entering Hawaii.
Administrative Agencies Nov. 3, 2000
U.S. v. Timbana
To find accused competent to enter plea, court does not err in conducting searching inquiry.
Criminal Law and Procedure Nov. 3, 2000
Aguilera v. Pirelli Armstrong Tire Corp.
Laid-off, replacement employees' state law claims against employer are pre-empted by Labor Management Relations Act.
Employment Law Nov. 3, 2000
Desaigoudar v. Meyercord
Second amended complaint may be dismissed with prejudice for repeated failure to satisfy pleading requirements.
Civil Procedure Nov. 3, 2000
Wyner v. Manhattan Beach Unified School District.
California Special Education Hearing Office cannot review noncompliance issues arising out of final administrative determination it made in prior due process proceedings.
Education Nov. 3, 2000
U.S. v. Reyes-Platero
Court has jurisdiction to hear appeal of Mexican national who pleaded guilty to being deportable but was not informed about right to contact consulate.
Immigration Nov. 3, 2000
Aetna Life Insurance Co. v. Bayona
Life insurance plan fiduciary may file interpleader action under ERISA when faced with conflicting claims to same proceeds.
Employment Law Nov. 3, 2000
Torres v. Prunty
Defendant's due process rights are violated by state court failure to hold competency hearing, despite considerable evidence suggesting he wasn't competent to stand trial.
Criminal Law and Procedure Nov. 3, 2000
Lundell v. Anchor Construction Specialists (In Re Lundell)
Bankruptcy court properly allocated burden of proof of invalidity of claim on debtor by discounting his testimony.
Bankruptcy Nov. 3, 2000
U.S. v. Working
Court's explanation for granting downward departure in defendant's sentence must be stated in sufficiently specific language to allow appellate review.
Criminal Law and Procedure Nov. 3, 2000
Dubria v. Smith
Admission of unredacted tape and transcript of pre-arrest interview by police did not violate inmate's constitutional right to due process.
Criminal Law and Procedure Nov. 3, 2000
U.S. v. Reilly
Inevitable discovery doctrine inapplicable when police don't exercise actual opportunity to obtain search warrant and nothing outside improper search supports discovery of challenged evidence.
Criminal Law and Procedure Nov. 3, 2000
Laboa v. Calderon
Admission of co-defendant's involuntary confession is harmless error where confession did not have substantial and injurious effect on jury verdict.
Criminal Law and Procedure Nov. 3, 2000
U.S. v. Littlejohn
Court's failure to warn defendant pleading guilty to distribution of controlled substances of ineligibility for food stamps and social security benefits is harmless error.
Criminal Law and Procedure Nov. 3, 2000
Salisbury v. Mirage Resorts Inc. (In Re Mizuno)
Statute of limitations for bankruptcy proceeding does not run on date creditor is appointed as functional equivalent to debtor in possession.
Bankruptcy Nov. 3, 2000
Agua Caliente Band of Cahuilla Indians v. Hardin
State sovereignty doesn't bar Indian tribe from seeking declaratory and injunctive relief against state officials for imposing sales tax on purchases at tribal resort.
Taxation Nov. 3, 2000
Sims v. U.S. Dept. of Health and Human Services (In Re TLC Hospitals Inc.)
Prepayments made to Medicare health services provider before it files bankruptcy petition may be deducted from post-petition overpayments.
Bankruptcy Nov. 3, 2000
U.S. v. Liang
Venue statue for offenses committed on high seas doesn't apply to person arrested in one U.S. district but tried in another.
Criminal Law and Procedure Nov. 3, 2000
Chevron USA Inc. v. Cayetano
Rent-control statute that limits oil company's ability to lease gas stations may be constitutional.
Real Property Nov. 3, 2000
US West Communications Inc. v. Hamilton
Court upholds FCC order forbidding reciprocal access of incumbent local telecommunications carriers to conduits and rights-of-way of competitive local telecommunications carriers.
Administrative Agencies Nov. 3, 2000
Caudle v. Bristow Optical Co.
In wrongful termination action, post-termination voluntary withdrawal from workforce to attend to childcare bars recovery of lost pay during relevant period.
Employment Law Nov. 3, 2000
Pedro-Mateo v. INS
Guerrilla organization's attempts to force Guatemalan Indian to join them is insufficient to prove persecution on account of membership in particular social group.
Immigration Nov. 3, 2000
Redmond-Issaquah Railroad Preservation Association v. The Surface Transportation Board
Surface Transportation Board has authority to reject 'offer of assistance' regarding abandoned railroad.
Administrative Agencies Nov. 3, 2000
U.S. v. Egge
Drug users who buy drugs for personal use from seller convicted of conspiracy to distribute aren't participants for purposes of sentence enhancement.
Criminal Law and Procedure Nov. 3, 2000
McDade v. West
State employee who accessed confidential information through government-owned computer database acted under 'color of law.'
Government Nov. 3, 2000
U.S. v. Quintana-Torres
Voluntary re-entry is inferred when alien is found in United States after being deported.
Criminal Law and Procedure Nov. 3, 2000
Los Angeles Alliance for Survival v. City of Los Angeles
Order
Nov. 3, 2000
Burbank-Glendale-Pasadena Airport Authority v. Hensler
Cities properly delegate their eminent domain powers to airport authority for purpose of obtaining property for airport expansion.
Real Property Nov. 3, 2000
U.S. v. Arrieta
Due process rights are violated when immigration judge fails to inform defendant of possible eligibility for relief from deportation.
Immigration Nov. 3, 2000
Merril l v. Apfel
In denying social security disability benefits of child, testimony of family and friends regarding beneficiary's condition must be considered.
Government Nov. 3, 2000