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Pacheco v. United States
By giving children toy buckets, landowner invited children to play in water adjacent to beach and therefore had duty to warn of dangerous conditions.
Torts Oct. 4, 2000
U.S. v. Romero-Rendon
Uncontroverted presentence report provides clear and convincing evidence of prior conviction of an aggravated felony for sentence enhancement.
Criminal Law and Procedure Oct. 4, 2000
U.S. v. Sesma-Hernandez
In probation revocation hearing, trial court commits harmless error by excluding evidence deemed exceedingly weak though somewhat relevant.
Criminal Law and Procedure Oct. 4, 2000
Albillo-Figueroa v. INS
Conviction for possession of counterfeit U.S. obligations is a deportable offense.
Immigration Oct. 4, 2000
James v. Giles
Prisoner has a right to amend a habeas corpus petition that contains exhausted and unexhausted claims as alternative to dismissal.
Criminal Law and Procedure Oct. 4, 2000
Thomas v. Anchorage Equal Rights Commission
Landlord who simply fears persecution under state housing anti-discrimination laws doesn't have ripe claim for review.
Constitutional Law Oct. 4, 2000
Lambright v. Stewart
Objections to dual jury trial fail when defendant cannot show specific trial rights have been compromised.
Constitutional Law Oct. 4, 2000
Spirtos v. Moreno (In re Spirtos)
Creditor has 30 days after notice of termination of automatic stay in debtor's estate to renew judgment.
Bankruptcy Oct. 4, 2000
Gilmore v. People
Prison Litigation Reform Act provisions that terminate prospective relief do not violate separation of powers.
Constitutional Law Oct. 4, 2000
U.S. v. Nanthanseng
Conspiracy to distribute drugs and sell stolen firearms are not crimes sufficiently related to be grouped together for purposes of sentencing.
Criminal Law and Procedure Oct. 4, 2000
Smith v. Kennedy (In Re Smith)
Adjournment of creditors' hearing 'until further notice' does not conclude the hearing.
Bankruptcy Oct. 4, 2000
Choi v. Gaston
Korean arrested and detained in police search for younger, taller, heavier Vietnamese suspect doesn't have racial profiling challenge; only claim is whether investigatory stop is justified.
Civil Rights Oct. 4, 2000
Kadjevich v. Kadjevich (In re Kadjevich)
Creditor's claim for attorney fees arising from prepetition fraud action against debtor is not given administrative-expense priority.
Bankruptcy Oct. 4, 2000
Assn. of Western Pulp & Paper Workers, Local 78 v. MFM Rexam Graphic Inc.
Courts must defer to arbitrators' authority to interpret scope of parties' submissions when award draws its essence from collective bargaining agreement.
Labor Law Oct. 4, 2000
LabelGraphics Inc. v. Commissioner of Internal Revenue
Tax court may determine reasonableness of company president's high bonus when it benchmarks independent investor's expectations and recognizes excellent management of company for tax year.
Taxation Oct. 4, 2000
Baker v. BJR City of Blaine
No 6th Amendment deprivation during arraignment when accused pleads guilty, doesn't otherwise contest conviction and nothing occurred that was material to later trial proceedings.
Criminal Law and Procedure Oct. 4, 2000
U. S. v. Carter
Prisoner's sentence is vacated because district judge fails to explicitly resolve factual issues in presentence report relied upon for sentencing purposes.
Criminal Law and Procedure Oct. 4, 2000
United States v. Hatton (In re Hatton)
Outstanding tax liability requiring tax return to be filed renders debt non-dischargeable.
Bankruptcy Oct. 4, 2000
Bins v. HLH Exxon Company U.S.A.
Employer who administers ERISA plan has duty to provide truthful information about potential plan changes under serious consideration.
Employment Law Oct. 4, 2000
Roosevelt v. Ray (In re Roosevelt)
Wife's interest in husband's legal education has no value when education was neither paid for with community funds nor increased husband's earning capacity.
Bankruptcy Oct. 4, 2000
Marquez-Perez v. Rardin
Parole Commission may not delegate its discretionary authority to reopen cases to case analyst.
Criminal Law and Procedure Oct. 4, 2000
Pletz v. United States (In re Pletz)
Debtor's interest in property held with nondebtor spouse as tenants by entirety must be valued to reflect concurrent interests of both spouses.
Bankruptcy Oct. 4, 2000
Pershing Park Villas Homeowners Assoc. v. United Pacific Insurance Co.
Homeowners cannot recover directly from insurer without establishing that their claim was covered under the policy.
Insurance Oct. 4, 2000
Matthews v. Oregon State Board of Higher Education
Question certified for Oregon Supreme Court: Can state University President delegate authority to make final determinations on denial of indefinite tenure without explicit statutory or regulatory authority?
Education Oct. 4, 2000
McCarthy v. Apfel
Letter from Commissioner of Social Security Administration identifying overpayments made to claimant doesn't constitute substantial evidence of overpayment amount.
Administrative Agencies Oct. 4, 2000
Shah v. INS
Adverse credibility findings must offer specific, cogent reasons for stated disbelief; they cannot be based on clerical errors or blanket statements in State Department reports.
Immigration Oct. 4, 2000
Cato v. City of Fresno
Attorney sanctioned for failure to comply with pretrial orders may not appeal until final judgment has been entered in underlying action.
Attorneys Oct. 4, 2000
U.S. v. Michael
Cellular phone can qualify as dangerous weapon when brandished as if it were a gun.
Criminal Law and Procedure Oct. 4, 2000
Adler v. Federal Republic of Nigeria
Criminal conspiracy to defraud foreign nation can provide federal jurisdiction under 'commercial activity' exception to Foreign Sovereign Immunity Act.
Civil Procedure Oct. 4, 2000
Armendariz v. Foundation Health Psychcare Services Inc.
Employees may be compelled to arbitrate antidiscrimination claims if arbitration vindicates worker's statutory rights by meeting certain requirements.
Employment Law Oct. 4, 2000