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First Pacific Bancorp Inc. v. Helfer
Shareholders of bank in receivership have private right of action to enforce FDIC accounting and reporting requirements.
Banking Nov. 2, 2000
Lorentsen v. Hood
Federal prisoner may not overcome limitations on successive motions by petitioning for habeas relief.
Criminal Law and Procedure Nov. 2, 2000
U.S. v. Nunez
Defendant who waives statutory right to appeal sentence implicitly waives right to argue ineffective assistance of counsel involving sentencing issue.
Criminal Law and Procedure Nov. 2, 2000
U.S. v. Nelson
Defendant seeking sentence reduction must prove eligibility for 'safety valve relief' by preponderance of evidence.
Criminal Law and Procedure Nov. 2, 2000
Patterson v. Gomez
Jury instruction that allows jury to presume defendant is sane in murder trial violates due process.
Criminal Law and Procedure Nov. 2, 2000
Friends of the Clearwater v. Dombeck
National Environmental Policy Act requires U.S. Forest Service to timely consider impact of new environmental information on proposed timber sale.
Environmental Law Nov. 2, 2000
Idaho Sporting Congress Inc. v. Alexander
Evidence of environmental harm caused by logging activities constitutes possible irreparable harm justifying injunctive relief.
Environmental Law Nov. 2, 2000
Bancroft & Masters Inc. v. TEH Augusta National Inc.
California court has specific jurisdiction over Georgia corporation that engages in wrongful conduct that individually targets plaintiff in California.
Civil Procedure Nov. 2, 2000
In re Fillbach
Court can dismiss petition filed in attempt to circumvent vexatious litigant order entered by bankruptcy court.
Bankruptcy Nov. 2, 2000
Rucker v. Davis
Order
Nov. 2, 2000
Rubin v. State Farm Mutual Automobile Insurance Co.
Order
Nov. 2, 2000
Schneider
Lay evidence may be considered to demonstrate that SSI meets criteria in medical impairments listings.
Administrative Agencies Nov. 2, 2000
Manning v. Foster
Attorney's conflict of interest constitutes cause for procedural default when conflict causes attorney to interfere with petitioner's right to pursue habeas relief.
Criminal Law and Procedure Nov. 2, 2000
Delgado v. Lewis
Claim of ineffective assistance of counsel is upheld when counsel files brief claiming no non-frivolous issues exist and court certifies to contrary.
Criminal Law and Procedure Nov. 2, 2000
Jensen v. Lane County
Private psychiatrist working with County in complex and deeply intertwined process of evaluating and detaining allegedly mentally ill individuals is state actor.
Government Nov. 2, 2000
EEOC v. Dinuba Medical Clinic
Criminal complaint for assault and battery may form basis of unlawful retaliation claim in violation of Title VII.
Employment Law Nov. 2, 2000
U.S. v. Nerber
Fourth Amendment protects citizens from secret video surveillance in another person's hotel room without warrant or consent of participant in monitored activity.
Criminal Law and Procedure Nov. 2, 2000
U.S. v. Cabrera
Admitting lead witness's improper references to defendants' national origin is plain error.
Criminal Law and Procedure Nov. 2, 2000
Shumway v. Payne
Jury instruction in murder trial that splits the act and mental state between two defendants is harmless error because it is in accord with Washington law.
Criminal Law and Procedure Nov. 2, 2000
Beaty v. CAS BET Holdings Inc.
Remand warranted when record of whether court exercised its discretion in decision not to reduce award of attorney fees below lodestar amount is ambiguous.
Civil Procedure Nov. 2, 2000
K F Dairies Inc. & Affiliates v. Fireman's Fund Insurance Co.
Company's comprehensive general liability insurance must provide coverage because damage occurred within policy period and before state made its claim.
Insurance Nov. 2, 2000
U.S. v. Henke
Joint defense privilege agreement that prevents accused from cross-examining witness is conflict court must address.
Criminal Law and Procedure Nov. 2, 2000
U.S. v. Tadeo
Cour does not abuse its discretion by imposing sentence greater than one suggested by sentencing guideline's policy statements.
Criminal Law and Procedure Nov. 2, 2000
Poole v. Smith (In Re Poole)
Attorney admitted to practice in federal district court may not be denied fees for not being member of that state's bar.
Bankruptcy Nov. 2, 2000
U.S v. Ertsgaard
Commercial fisherman's violations of individual fishing quota regulations developed by Northern Pacific Fishery Management Council are subject to prosecution under Lacey Act.
Environmental Law Nov. 2, 2000
Ellis v. Armenakis
Prisoner whose state claim is barred by procedural rules also has no federal claim.
Criminal Law and Procedure Nov. 2, 2000
Lim v. INS
Alien who receives death threats but carries on without harm and without fleeing for six years doesn't demonstrate past persecution.
Immigration Nov. 2, 2000
U.S. v. 103 Electronic Gambling Devices
Technologic aids to bingo are not gambling devices under Johnson Act.
Gaming Nov. 2, 2000
U.S. v. Lavender
Screwdriver carried during bank robbery is a dangerous weapon for purposes of sentence enhancement, whether or not its use is intended.
Criminal Law and Procedure Nov. 2, 2000
Andreiu v. Reno
Illegal Immigration Reform and Immigrant Responsibility Act's limit on power to enjoin removal of alien applies to stays of removal.
Immigration Nov. 2, 2000