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Name Category Published
Newcomb v. Standard Insurance Co.
Abuse-of-discretion standard is used for ERISA plan administrator's acts only when administrator unambiguously retains discretion. 		Employment Law Jun. 14, 2000
U.S. v. Du Bo
Indictment for violation of the Hobbs Act must specify the necessary criminal intent required. 		Criminal Law and Procedure Jun. 14, 2000
U.S. v. Monzon-Valenzuela
Sentence enhancement for obstruction of justice can't be based on contradiction between guilty verdict and defendant's trial testimony cited in presentence report. 		Criminal Law and Procedure Jun. 14, 2000
Golt v. Aetna Life Insurance Co.
Order 		Jun. 14, 2000
Payne v. Norwest Corp.
In wrongful discharge and retaliation claims, district court has jurisdiction to reconsolidate state and federal claims despite refusal to exercise supplemental jurisdiction. 		Employment Law Jun. 14, 2000
United States v. Budell
Federal insanity acquitee not required to have certificate of appealability prior to moving for appointment of counsel. 		Civil Rights Jun. 14, 2000
Idaho Watersheds Project v. Hahn
Bureau of Land Management's failure to complete evaluation of grazing practices, as required by federal regulations, is sufficient to grant preliminary injunction. 		Civil Procedure Jun. 14, 2000
Doe v. Madison School District No. 321
Order 		Jun. 14, 2000
Allstate Indemnity Co. v. Stump
Colorable issue of tribal court's jurisdiction mandates federal courts to stay case until tribal court remedies are exhausted. 		Civil Procedure Jun. 14, 2000
Burlington Northern Railroad Co. v. Red Wolf
Tribal courts lack jurisdiction over accident occurring on right-of-way granted by Congress. 		Native American Affairs Jun. 14, 2000
U.S. v. Perreault
Each act of downloading child pornography from the Internet is a separate crime for sentencing purposes. 		Criminal Law and Procedure Jun. 14, 2000
United States v. Stone Container Corp.
Intervenor in a Clean Air Act, brought by EPA, isn't entitled to attorney fees. 		Environmental Law Jun. 14, 2000
U.S. v. Timbana
Order 		Jun. 14, 2000
The Hou Hawaiians v. Cayetano
Under principle of sovereign immunity, United States can't be compelled to bring suit against alleged breach of statute. 		Government Jun. 14, 2000
Industrial Indemnity Company v. Apple Computer, Inc.
Insurer's duty to defend doesn't include defending against English trademark infringement suit that's excluded from coverage. 		Insurance Jun. 14, 2000
Theo H. Davies & Co. v. Republic of the Marshall Development Authority Islands
Marshall Islands government agencies loose sovereign immunity when they repeatedly purchased equipment in United States. 		Contracts Jun. 14, 2000
Lares v. West One Bank (In re Lares)
Proceeds from sale of debtor's home aren't protected from lender's setoff based on personal guarantee by statute exempting them from attachment, execution, or forced sale. 		Bankruptcy Jun. 14, 2000
Collins v. Lobdell
Public employer may require employees to use compensation time instead of permitting them to earn overtime pay. 		Employment Law Jun. 14, 2000
Holbert v. Idaho Power Company
Order 		Jun. 14, 2000
People v. Harris
5-year sentence enhancement is inappropriate where defendant doesn't admit and court never inquires whether defendant suffered a prior felony conviction. 		Criminal Law and Procedure Jun. 14, 2000
People v. Rivera
Since direct restitution to victim is compensatory, and not a fine or penalty, defendant isn't subject to penalty assessments. 		Criminal Law and Procedure Jun. 14, 2000
Delange v. Dutra Construction Co. Inc.
Carpenter who performs occasional deckhand and piloting tasks for barge and tug used in construction projects, could have Jones Act claim for on-board injury. 		Maritime Law Jun. 14, 2000
The Hou Hawaiians v. Cayetano
Under principle of sovereign immunity, United States can't be compelled to bring suit against alleged breach of statute. 		Government Jun. 14, 2000
Lam v. University of Hawaii
Pattern of allegedly prejudicial comments or conduct may create sufficient evidence for triable issues of fact. 		Employment Law Jun. 14, 2000
Fetterly v. Paskett
Extensive pretrial publicity discussing factual aspects of charges doesn't require change of venue in capital case. 		Criminal Law and Procedure Jun. 14, 2000
State of Montana v. King
American Indian tribe can't regulate state's employment practices for construction work on state-owned right of way crossing tribe's reservation. 		Native American Affairs Jun. 14, 2000
Obrien v. Jones
State Bar Court judges challenge amendments that would divest California Supreme Court of power to appoint three of five State Bar Court judges. 		Attorneys Jun. 14, 2000
Allstate Indemnity Co. v. Stump
Colorable issue of tribal court's jurisdiction mandates federal courts to stay case until tribal court remedies are exhausted. 		Civil Procedure Jun. 14, 2000
Shaw v. AAA Engineering & Drafting Inc.
Evidence is sufficient to support district court's award of attorney fees, costs and expenses. 		Attorneys Jun. 14, 2000
People v. Parker
Order for direct restitution isn't required where victim didn't testify as to how much, if any, money was taken from her. 		Criminal Law and Procedure Jun. 14, 2000
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