Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
98-55634
|
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 | |
99-35147
|
Lorentsen v. Hood
Federal prisoner may not overcome limitations on successive motions by petitioning for habeas relief. |
Criminal Law and Procedure |
|
Nov. 2, 2000 | |
98-50084
|
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 | |
99-10127
|
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 | |
99-15530
|
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 | |
99-35642
|
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 | |
99-35847
|
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 | |
99-15099
|
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 | |
99-15958
|
In re Fillbach
Court can dismiss petition filed in attempt to circumvent vexatious litigant order entered by bankruptcy court. |
Bankruptcy |
|
Nov. 2, 2000 | |
98-16322
|
Rucker v. Davis
Order |
|
Nov. 2, 2000 | ||
98-16961
|
Rubin v. State Farm Mutual Automobile Insurance Co.
Order |
|
Nov. 2, 2000 | ||
99-35634
|
Schneider
Lay evidence may be considered to demonstrate that SSI meets criteria in medical impairments listings. |
Administrative Agencies |
|
Nov. 2, 2000 | |
97-35664
|
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 | |
97-56162
|
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 | |
98-35866
|
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 | |
98-16454
|
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 | |
99-30161
|
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 | |
99-10162
|
U.S. v. Cabrera
Admitting lead witness's improper references to defendants' national origin is plain error. |
Criminal Law and Procedure |
|
Nov. 2, 2000 | |
99-35726
|
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 | |
99-55027
|
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 | |
97-55941
|
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 | |
99-10015
|
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 | |
99-10519
|
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 | |
99-15742
|
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 | |
99-30242
|
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 | |
99-35285
|
Ellis v. Armenakis
Prisoner whose state claim is barred by procedural rules also has no federal claim. |
Criminal Law and Procedure |
|
Nov. 2, 2000 | |
98-70683
|
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 | |
99-15675
|
U.S. v. 103 Electronic Gambling Devices
Technologic aids to bingo are not gambling devices under Johnson Act. |
Gaming |
|
Nov. 2, 2000 | |
99-50275
|
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 | |
99-70274
|
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 |