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MacFarlane v. Walter
Policy giving pre-sentence detainees less good conduct credits than defendants released on bail while awaiting sentencing, violates equal protection clause.
Criminal Law and Procedure Jun. 19, 2000
U.S. v. Covarrubias
Suspect's right to counsel is violated when questioned about transporting illegal alien where he already has attorney for kidnapping charge involving same alien.
Criminal Law and Procedure Jun. 19, 2000
Lambert v. Ackerley
Employees fired for complaining to employer about statutory overtime violations have retaliation claim under Fair Labor Standards Act.
Labor Law Jun. 19, 2000
U.S. v. Burdeau
Order
Jun. 19, 2000
Tackett v. Apfel
Vocational expert is required to determine whether social security applicant is disabled when his type of nonexertional limitations weren't contemplated by the agency.
Administrative Agencies Jun. 19, 2000
U.S. v. Palmer
Statute forbidding use of conviction where defendant's civil rights are restored overrides counting provision in United States Sentencing Guidelines.
Criminal Law and Procedure Jun. 19, 2000
U.S. v. Yankowski
Government's failure to prove extortionate purpose mandates vacating conviction for Hobbs Act violation.
Criminal Law and Procedure Jun. 19, 2000
Lord v. Wood
Failure to interview and call witnesses who saw victim alive after she was last seen with defendant is ineffective assistance of counsel.
Criminal Law and Procedure Jun. 19, 2000
Binder v. Gillespie
Presumption of reliance isn't available regarding alleged misrepresentations when security isn't traded in 'efficient market.'
Securities Jun. 19, 2000
U.S. v. George
In determining length of sentence for supervised-release revocation, U.S. Sentencing Guidelines' policy statements are not binding.
Criminal Law and Procedure Jun. 19, 2000
Golt v. United States
Civil Service Reform Act pre-empts wrongful termination claim, despite government's failure to follow its provisions.
Employment Law Jun. 19, 2000
U.S. v. Crawford
Proximity to school isn't relevant conduct for purposes of offense guideline for drug crime when all counts charging school proximity are dismissed.
Criminal Law and Procedure Jun. 19, 2000
Hajek v. Burlington Northern Railroad Co.
Without express consent by all parties to authority of federal magistrate judge, the magistrate judge lacks authority to enter judgment.
Civil Procedure Jun. 19, 2000
Farr v. NC Machinery Co.
In admiralty negligence action, captain's failure to exercise reasonable care for his own safety isn't superseding intervening cause that extinguishes mechanic's liability.
Torts Jun. 19, 2000
U.S. v. McIver
Electronic tracking devices placed on automobiles by police isn't a Fourth Amendment violation.
Criminal Law and Procedure Jun. 19, 2000
Adair v. City of Kirkland
Police officers' failure to object to lack of compensation for preshift briefings was not unambiguous evidence that they believed briefings were compensated.
Employment Law Jun. 19, 2000
Baja v. Duchjarme
Evidentiary hearing on federal habeas petition isn't required when petitioner failed to raise factual issues in state court.
Criminal Law and Procedure Jun. 19, 2000
United States v. Kitsap Physicians Services
False Claims Act suit may proceed against defendants whose alleged wrongdoing hasn't been disclosed in media.
Government Jun. 19, 2000
In Re Vizcaino v. U.S. District Court (Microsoft Corp.)
After decision on the merits, court can't redefine class on account of 'unusual circumstances.'
Civil Procedure Jun. 19, 2000
Binder v. Gillespie
Presumption of reliance isn't available regarding alleged misrepresentations when security isn't traded in 'efficient market.'
Securities Jun. 19, 2000
U.S. v. Gergen
Defendant must be aware of illegal characteristics of firearm in order for conviction for possession of unregistered shotgun to stand.
Criminal Law and Procedure Jun. 19, 2000
In Re Vizcaino v. U.S. District Court (Microsoft Corp.)
After decision on the merits, court can't redefine class on account of 'unusual circumstances.'
Civil Procedure Jun. 19, 2000
U.S. v. Barragan-Mendoza
District court can't modify defendant's sentence more than seven days after its imposition.
Criminal Law and Procedure Jun. 19, 2000
Preblich v. Battley
To challenge the denial of an exemption claim, a debtor must file an appeal within 10 days of the order denying the claim.
Bankruptcy Jun. 19, 2000
U.S. v. Hall
Court's continuance to permit a codefendant's plea negotiations does not toll Speedy Trial Act.
Criminal Law and Procedure Jun. 19, 2000
Haddad v. State of California
State sovereign immunity doesn't bar suit that seeks to prevent highway patrol officer from executing state court judgment.
Government Jun. 19, 2000
Axess International Ltd. v. Intercargo Insurance Co.
Misdelivery of goods is a 'transportation-related activity,' and nonvessel operating common carrier's surety is required to honor its bond.
Maritime Law Jun. 19, 2000
Russell v. U.S. Dept. of the Army
Claims against federal government under Family and Medical Leave Act are pre-empted by sovereign immunity.
Government Jun. 19, 2000
Allstate Indemnity Co. v. Stump
Amended opinion
Civil Procedure Jun. 19, 2000
U.S. v. Garcia-Sanchez
Scope of defendant's involvement in conspiracy must be determined before contributing all conspiracy sales to defendant.
Criminal Law and Procedure Jun. 19, 2000