Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
97-35725
|
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 | |
98-30167
|
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 | |
96-36017, 96-36266 and 96-36267
|
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 | |
97-30388
|
U.S. v. Burdeau
Order |
|
Jun. 19, 2000 | ||
97-36120
|
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 | |
98-30181
|
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 | |
98-30237
|
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 | |
97-99025 and 97-99026
|
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 | |
97-35943
|
Binder v. Gillespie
Presumption of reliance isn't available regarding alleged misrepresentations when security isn't traded in 'efficient market.' |
Securities |
|
Jun. 19, 2000 | |
98-30307
|
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 | |
98-35318
|
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 | |
98-30222
|
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 | |
97-36152
|
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 | |
97-36021
|
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 | |
98-30145 and 98-30146
|
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 | |
98-35019
|
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 | |
98-35594
|
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 | |
97-35395
|
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 | |
98-71388
|
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 | |
97-35943
|
Binder v. Gillespie
Presumption of reliance isn't available regarding alleged misrepresentations when security isn't traded in 'efficient market.' |
Securities |
|
Jun. 19, 2000 | |
97-30324
|
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 | |
98-71388
|
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 | |
97-30264
|
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 | |
95-35630
|
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 | |
98-30118
|
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 | |
98-0130
|
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 | |
98-35133
|
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 | |
98-35545
|
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 | |
97-35822
|
Allstate Indemnity Co. v. Stump
Amended opinion |
Civil Procedure |
|
Jun. 19, 2000 | |
97-30157
|
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 |