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BankAmerica Pension Plan v. McMath
ERISA does not pre-empt state-law doctrine of substantial compliance, which requires employee to designate primary beneficiary under benefit plan.
Employment Law Jun. 2, 2000
U.S. v. Hinojosa-Perez
Alien's lack of diligence when given notice of proper procedures bars attack on deportation order.
Immigration Jun. 2, 2000
Harris v. Harris & Hart Inc.
Employer may require employee with known disability to provide medical release without violating Americans With Disabilities Act.
Employment Law Jun. 2, 2000
Flores v. San Diego County
Exhausting civil service remedies and canceling public employee's suspension for exercising free speech sufficiently redresses abridgment and satisfies due process.
Government Jun. 2, 2000
U.S. v. Sandoval-Barajas
Alien's prior state court conviction of gun possession is not aggravated felony for purposes of federal sentencing guidelines.
Immigration Jun. 2, 2000
Aragon-Ayon v. INS
Amended definition of "aggravated felony" contained in Immigration and Naturalization Act applies retroactively.
Immigration Jun. 2, 2000
Mendler v. Winterland Production Ltd.
Licensing agreement authorizing use of photographs for illustrations doesn't cover computer-scanned images of photos that retain lifelike appearance.
Intellectual Property Jun. 2, 2000
Carpenters Southern California Administrative Corp. v. Knight
Without subject matter jurisdiction, court may not award attorney fees and costs under ERISA claim.
Employment Law Jun. 2, 2000
Jacinto v. INS
Immigration judge has duty to develop record fully and fairly in manner understandable to alien, and to ensure that favorable facts are presented.
Immigration Jun. 2, 2000
Tecun-Florian v. INS
Alien is not entitled to asylum where there is no showing that he was persecuted for his religious beliefs.
Immigration Jun. 2, 2000
DiRuzza v. County of Tehama
Deputy sheriffs are not per se policy-makers whose work-related political activities are unprotected from retaliatory employer action under First Amendment.
Constitutional Law Jun. 2, 2000
Demando v. Morris
Under Truth In Lending Act, credit-card issuer's solicitation letter specifying lifetime annual interest rate bars subsequent rate increases.
Business Law Jun. 2, 2000
Johnson v. State
Prisoner's complaint alleging intentional segregation of prisoners by race without valid penological purpose is sufficient to state constitutional claim.
Prisoners Rights Jun. 2, 2000
Blair v. City of Pomona
Workplace harassment against police officer, following his report of official corruption, supports civil rights claim based on policy of retaliating against whistleblowers.
Civil Rights Jun. 2, 2000
Taylor v. Rancho Santa Barbara
Federal and state statutes that authorize exclusion of persons under age 55 from mobile home parks are constitutional.
Constitutional Law Jun. 2, 2000
U.S. v. Salazar-Robles
Venue for deportable offense is proper in district where alien is found, even if he is not in district voluntarily.
Immigration Jun. 2, 2000
United States v. Hagberg
Sewage pumped from septic tanks receiving only domestic sewage is considered 'sewage sludge' within meaning of federal law.
Environmental Law Jun. 2, 2000
California Medical Assn. v. Shalala
If underlying merits judgment is reversed, party that has paid adversary's attorney fees may petition for relief from fee judgment.
Civil Procedure Jun. 2, 2000
Self-Realization Fellowship Church v. Amanda Church of Self-Realization
Religious leader's writings and spoken lectures are not 'works for hire' or 'works of corporate body' subject to Copyright Act.
Intellectual Property Jun. 2, 2000
Boeing Co. v. MFM Cascade Corp.
Where companies' contamination overlaps, both are responsible for response costs.
Environmental Law Jun. 2, 2000
U.S. v. Hamilton
Clerical error on original sentencing information, regarding when defendant suffered a prior conviction, doesn't invalidate conviction.
Criminal Law and Procedure Jun. 2, 2000
Escobar-Grijalva v. INS
Failure to allow alien to select her own counsel during asylum hearing violates due process.
Immigration Jun. 2, 2000
Webb v. National Union Fire Insurance Co. of Pittsburgh
Court isn't required to consider extrinsic evidence determining whether primary insurer must contribute to additional insurer who provided coverage for same loss.
Insurance Jun. 2, 2000
Association of Mexican-American Educators v. California
Opinion
Jun. 2, 2000
Socop-Gonzalez v. INS
Statute of limitations applies to alien who doesn't timely request adjustment of status due to incorrect information given by INS officer.
Immigration Jun. 2, 2000
Chanchavac v. INS
Alien is entitled to asylum based on evidence of pervasive violence against alien by homeland military forces.
Immigration Jun. 2, 2000
U.S. v. Ibarra-Galindo
If defined by state law as felony, 'aggravated felony' definition includes crime of controlled substance possession for sentence enhancement purposes.
Immigration Jun. 2, 2000
Educational Credit Management Corp. v. Bernal (In re Bernal)
Assignee of debtor's note may not intervene in adversary proceeding to determine dischargeability of underlying debt after assignor has defaulted.
Bankruptcy Jun. 2, 2000
Chiron Corp. v. Ortho Diagnostic Systems Inc.
Under Federal Arbitration Act, res judicata effect of arbitration award on subsequent arbitration is determined by arbitrator, not district court.
Civil Procedure Jun. 2, 2000
Howard v. America Online Inc.
Court may dismiss claims of class members, where claims were part of earlier class settlement.
Civil Procedure Jun. 2, 2000