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U.S. v. Wald
Smell of burnt methamphetamine does not establish probable cause to search trunk of car.
Criminal Law and Procedure Aug. 7, 2000
NLRB v. Triple C Maintenance Inc.
Employer must challenge presumption of majority support of union in collective bargaining agreement within six months.
Labor Law Aug. 7, 2000
Sturdevant v. Paulsen
Eleventh Amendment bars lawsuit by fired instructor against State Board for Community Colleges and Occupational Education.
Government Aug. 7, 2000
Herring v. Keenan
Prison official who discloses probationer's HIV status may violate a constitutional privacy right but is entitled to qualified immunity.
Constitutional Law Aug. 7, 2000
NLRB v. Oklahoma Installation Co,
Employer is not required to adhere to the terms of an expired collective bargaining agreement in the absence of contractual language.
Labor Law Aug. 7, 2000
Watley v. Williams
Appeal properly denied when alibi witness not permitted testify because attorney failed to properly notify opposing counsel of alibi witness' status.
Criminal Law and Procedure Aug. 7, 2000
Webco Industries Inc. v. NLRB
Employers may not apply a no-solicitation policy in a discriminatory manner to prevent union solicitation.
Labor Law Aug. 7, 2000
Sealock v. State
Guards' indifference to inmate experiencing heart attack violates prisoner's Eighth Amendment constitutional rights.
Criminal Law and Procedure Aug. 7, 2000
Mitchell v. The City of Moore
Union employee who was passed over for promotions fails to prove First Amendment claims.
Government Aug. 7, 2000
U.S. v. Ruiz-Alvarez
When one conviction is reversed and others affirmed on appeal, trial court may resentence defendant without remand language from appeals court.
Criminal Law and Procedure Aug. 5, 2000
Resnick v. Hayes
Prisoner's constitutional rights are not violated by continued confinement in administrative segregation pending hearing on disciplinary charge that is not sustained.
Criminal Law and Procedure Aug. 5, 2000
Mendenhall v. National Transportation Safety Board
Under Equal Access to Justice Act, government's bad faith isn't adequate basis for market-rate reimbursement of attorney fees incurred in administrative hearings.
Civil Procedure Aug. 5, 2000
C.A.R. Transportation Brokerage Company Inc. v. Darden Restaurants Inc.
Subcontracting motor carrier's driver can allocate liability for freight charges under Interstate Commerce Act by signing waiver form presented by cosignor.
Business Law Aug. 5, 2000
U.S. v. Olafson
Court may admit hearsay statement and isn't required to allow phone depositions even though it would've avoided safety and administrative concerns.
Immigration Aug. 5, 2000
State of Alaska v. United States
Bed of Alaska's Kukpowruk River did not pass from the federal government to Alaska when it became a state in 1959.
Government Aug. 5, 2000
Echazabal v. LGB Chevron USA Inc.
ADA does not permit employers to deny jobs to disabled individuals because work places individual's health or safety at risk.
Civil Rights Aug. 5, 2000
Belayneh v. INS
Political view and activities of asylum applicant's former spouse are insufficient to support claim of well-founded fear of persecution.
Immigration Aug. 5, 2000
Rivera-Moreno v. INS
Guerrilla retaliation against nurse because of her refusal to provide medical care does not qualify her for asylum or withholding of deportation.
Immigration Aug. 5, 2000
Ontiveros-Lopez v. INS
Denying motion to reopen deportation proceedings without considering explanation of failure to submit supporting documents is abuse of discretion.
Immigration Aug. 5, 2000
Neptune Orient Lines Ltd. v. FMS Burlington Northern and Santa Fe Railway Co.
Carriers of foreign goods lost or stolen in transport are liable for property's market value at destination had it arrived safely.
Contracts Aug. 5, 2000
Arco Environmental Remediation v. Department of Health and Environmental Quality
CERCLA does not pre-empt Montana law creating cause of action for access to public documents relating to superfund cleanup.
Environmental Law Aug. 5, 2000
Akiak Native Community v. U.S. Postal Service
Parties challenging project's consistency with state and federal environmental programs must show compelling reason why court should set aside project.
Environmental Law Aug. 5, 2000
U.S. v. Ramirez-Cortez
Blanket continuances not supported by adequate findings on record violate Speedy Trial Act.
Criminal Law and Procedure Aug. 5, 2000
Singh v. INS
BIA may not rely on previously unannounced evidentiary standard to deny motion to reopen in absentia deportation proceeding.
Immigration Aug. 5, 2000
Washington Initiatives Now v. Ripple
Washington law, which requires disclosure of names, addresses and salaries of persons paid to collect signatures on initiative petitions, is unconstitutional.
Government Aug. 5, 2000
Secular Organizations for Sobriety Inc. v. Ullrich
Self-help organization does not establish secondary meaning in its mark that is sufficient to exclude use of nearly identical mark.
Intellectual Property Aug. 5, 2000
United States v. Alameda Gateway Ltd.
Under Rivers and Harbors Act, federal government is entitled to recover cost of removing private improvements that obstruct navigable waters.
Government Aug. 5, 2000
Arab Money Fund v. Hashim (In re Hashim)
Absent grave procedural irregularities or fraud allegations, bankruptcy court must grant comity to foreign judgment.
Bankruptcy Aug. 5, 2000
U.S. v. Harrison
Defendant's ongoing representation by attorney, although that representation began before indictment, invokes right to counsel once that right attaches at time of indictment.
Criminal Law and Procedure Aug. 5, 2000
Beltran-Tirado v. INS
Use of false Social Security number to further otherwise legal behavior is not crime of 'moral turpitude' under Immigration and Nationality Act.
Immigration Aug. 5, 2000