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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
Bresson v. Commissioner of Internal Revenue
State does not have power to set limitations period on claims acquired by United States in its governmental capacity.
Government Aug. 5, 2000
Daviton v. Columbia/HCA Healthcare Corp.
Order
Aug. 5, 2000
U.S. v. Wallace
Evidence wrongfully suppressed when obtained pursuant to consent of driver lawfully stopped for traffic violation.
Criminal Law and Procedure Aug. 5, 2000
Castillo-Perez v. INS
Alien entitled to relief from deportation is not preclued from applying for it by failing to meet formal administrative pleading and proof requirements.
Immigration Aug. 5, 2000
U.S. v. Juvenile Male
Mistake of age is no defense when charged with engaging in sexual act with person under 12 years old.
Juveniles Aug. 5, 2000
Avetova-Elisseva v. INS
In asylum proceedings, well-founded fear of persecution, if supported by substantial evidence, may justify granting asylum or withholding of deportation.
Immigration Aug. 5, 2000
Tuan Van Tran v. Lindsey
Under Antiterrorism and Effective Death Penalty Act, federal court must apply clearly erroneous standard when reviewing habeas petitioner's challenge.
Criminal Law and Procedure Aug. 5, 2000
Jankey v. Twentieth Century Fox Film Corp.
Certain categories of facilities are exempt from compliance with Americans with Disabilities Act if they are not open to general public.
Civil Rights Aug. 5, 2000
United States v. Pacheco-Medina
Evidence of entry is required to support conviction for federal crime of being found in United States following deportation.
Immigration Aug. 5, 2000
Sulit v. Schiltgen
Immigration and Naturalization Services' failure to follow its own procedural rules for rescinding an individual's adjustment of status does not preclude deportation.
Immigration Aug. 5, 2000
Maini v. INS
Asylum seekers from interfaith family prove past persecution on account of religion even though persecutors are from multi-religious political party.
Immigration Aug. 5, 2000
People v. Brewer
Officer's attempt to obtain consent to search does not require Miranda warning, whether or not defendant is in custody.
Criminal Law and Procedure Aug. 5, 2000
Naegele v. R.J. Reynolds Tobacco Co.
Individuals diagnosed with lung cancer before statute gave right to sue cannot maintain tort action against tobacco manufacturers.
Torts Aug. 5, 2000
Ball v. GTE Mobilnet of California
Federal Communications Act of 1995 pre-empts state-law challenges to noncommunication air time cellular charges.
Administrative Agencies Aug. 5, 2000
U.S. v. Wallace
Evidence wrongfully suppressed when obtained pursuant to consent of driver lawfully stopped for traffic violation.
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
Lindstrom v. The Hertz Corporation
Car rental company does not have duty to determine lessee's familiarity with California's traffic rules.
Torts Aug. 5, 2000
Coady v. Commissioner of Internal Revenue
Plaintiff cannot avoid taxation of recovery for back pay and benefits by diverting it to counsel as contingency fee.
Taxation Aug. 5, 2000