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U.S. v. Estrada-Macias
Mere presence at the scene of a crime or knowledge that a crime is being committed is insufficient to show participation in conspiracy.
Criminal Law and Procedure Jul. 19, 2000
Devereaux v. Perez
Issue of qualified immunity not reached in due process case that fails to identify violation of a cognizable right.
Torts Jul. 19, 2000
Robinson v. Solano County
Though officer holding gun to suspect's head is excessive use of force, whether it was reasonable under circumstances is a genuine issue of material fact.
Government Jul. 19, 2000
Birth Hope Adoption Agency v. Arizona Health Care Cost Containment System
Commerce Clause is violated when statute imposes reimbursement costs for state-subsidized care of babies adopted by out-of-state parents.
Insurance Jul. 19, 2000
Los Angeles Alliance for Survival v. City of Los Angeles
Ordinance regarding public solicitation for immediate donation or payment of funds is content neutral and should be evaluated under intermediate scrutiny standard.
Constitutional Law Jul. 18, 2000
U.S. v. Fuchs
Jury's verdict is set aside where only some of the overt acts alleged occurred within applicable statute of limitations.
Criminal Law and Procedure Jul. 17, 2000
Gracie v. Gracie
While jury instructions given could have been more precise, denial of new trial motion was proper and not abuse of discretion.
Intellectual Property Jul. 17, 2000
In re Petit
Funds in court's registry are not property of bankruptcy estate and thus not subject to automatic stay.
Bankruptcy Jul. 17, 2000
Green v. City of Tuscon
Younger doctrine requires that federal court abstain from interfering with pending state judicial proceedings.
Constitutional Law Jul. 17, 2000
U.S. v. Kellington
Attorney in criminal prosecution has fundamental right to argue that his ethical obligations establish a bona fide legal representation defense.
Criminal Law and Procedure Jul. 17, 2000
Kortan v. California Youth Authority
Negative evaluation unaccompanied by any other adverse impact to employee is not sufficient evidence to allow retaliation claim to proceed.
Employment Law Jul. 17, 2000
U.S. v. Arvizu
Vehicle stop not based on reasonable suspicion taints evidence seized as a result of ensuing search and the illegality is not purged by driver's consent.
Criminal Law and Procedure Jul. 17, 2000
William Ray v. GEB William Henderson
Employee who is subject to adverse treatment that is likely to deter employees from engaging in protected activity states cognizable claim for retailiation.
Employment Law Jul. 17, 2000
Exxon Mobil Corp. v. EPA
Nevada's state implementation plan that requires gasoline contain at least 3.5 percent oxygen content neither conflicts with nor is pre-empted by the Clean Air Act.
Environmental Law Jul. 17, 2000
Stuart v. Life Insurance Company of America
Insurance policy that defines rights and liabilities of parties is admissible when offered to prove existence of employee welfare benefit plan under ERISA.
Labor Law Jul. 17, 2000
U.S. v. Charlesworth
Denial of sentence reduction proper when man charged with escape from non-secure custody commits felony while on escape status.
Criminal Law and Procedure Jul. 17, 2000
Fielder v. JPC UAL Corp.
Protection against retaliatory discrimination extends to employer liability for coworker retaliation that rises to level of adverse employment action.
Employment Law Jul. 17, 2000
United States v. University of Southern California
Court has power to modify settlement agreement so that it may comply with False Claims Act.
Government Jul. 17, 2000
Southwest Marine Incorporated v. IEG Richard Danzigi
Debenture concessions fall within meaning of Credits Provision Clause entitling Navy to reimbursement.
Maritime Law Jul. 17, 2000
Custom Chrome Inc. v. IRS
Stock options issued as part of loan transaction should be considered as original issue discount and valued at time granted.
Taxation Jul. 17, 2000
State v. Watson
Ordinance prohibiting blight and the accumulation of debris on personal property that jeopardizes health and safety does not impinge on substantive due process rights.
Constitutional Law Jul. 13, 2000
U.S. v. Houston
When sentence enhancement is based on statements made by accused, court must find that statements are attributable to accused.
Criminal Law and Procedure Jul. 13, 2000
McClain v. Prunty
Race-based peremptory challenges violate accused's right to a fair trial.
Criminal Law and Procedure Jul. 13, 2000
State v. Poyson
Critical element to voluntary confession is whether police conduct is overreaching.
Criminal Law and Procedure Jul. 13, 2000
Martinez v. American Oil
Order
Torts Jul. 13, 2000
Colorado & Wyoming Railway Co. v. National Conference of Firemen
Order
Labor Law Jul. 13, 2000
Heard v. Bonnevill Billing and Collections
Order
Torts Jul. 13, 2000
Bastian v. United States Bureau of Prisons
Order
Torts Jul. 13, 2000
Bronk v. Mountain States Telephone and Telegraph Inc.
Order
Employment Law Jul. 13, 2000
Fitzgerald v. Caldera
Order
Government Jul. 13, 2000