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Name Category Published
U.S. v. King
Defendant is not entitled to reduction in sentence where he completed all steps he believed necessary to commit bank fraud.
Banking Mar. 30, 2000
Hill v. Blind Industries and Services of Maryland
Federal litigant cannot wait until opening day of trial to assert immunity under Eleventh Amendment.
Civil Procedure Mar. 30, 2000
Scheiding et al. v. General Motors Corporation
Federal Locomotive Boiler Inspection Act pre-empts state claims concerning exposure to asbestos in locomotives. The C.A. 1st has ruled that the federal Locomotive Boiler Inspection Act (BIA) pre-empted state tort action
Torts Mar. 30, 2000
People v. Davis
Defendant properly sentenced to three concurrent terms of 25 years to life under three strikes legislation based on two prior convictions of rape in consort.
Criminal Law and Procedure Mar. 30, 2000
People v. Gonzales
Order
Mar. 30, 2000
Norgart v. Upjohn Company
Review granted
Mar. 30, 2000
Barnett v. U.S. Air Inc.
Order
Mar. 30, 2000
U.S. v. Hayes
Order
Mar. 30, 2000
U.S. v. Wieschedel
In crime involving vulnerable victim, defendant's sentence may be adjusted upwards based on surrounding circumstances of crime and special characteristics of victim.
Criminal Law and Procedure Mar. 30, 2000
U.S. v. Cabrera
Prosecutor's question during trial regarding accused's prior contact with law enforcement does not amount to reversible misconduct.
Criminal Law and Procedure Mar. 30, 2000
Wade v. Terhune
When challenging discriminatory preemptory challenges, defendant must show 'inference' of racial bias rather than 'strong likelihood' to establish discrimination.
Criminal Law and Procedure Mar. 30, 2000
Franklin v. Terr
Under federal law, witness is not liable for civil damages for conspiring to present perjured testimony at trial.
Civil Procedure Mar. 30, 2000
GoTo.com v. Disney
Corporation operating search engine in direct competition with another can't use logo that is 'overwhelmingly similar' to competitor's logo.
Intellectual Property Mar. 30, 2000
Gruntz v. County of Los Angeles (In re Gruntz)
Automatic stay doesn't enjoin state's criminal prosecution of debtor.
Bankruptcy Mar. 30, 2000
Sun v. Taiwan
Foreign state engaging in commercial activity isn't immune from liability if commercial activity directly relates to claimant's injury.
Government Mar. 30, 2000
U.S. v. Hebert
Exclusionary rule doesn't apply to federally supervised release revocation proceedings.
Criminal Law and Procedure Mar. 30, 2000
Wallis v. Spencer
Uninvestigated report from institutionalized patient and mistaken belief about existence of court order are insufficient to warrant removing children from parents' custody.
Civil Rights Mar. 30, 2000
Lopez v. Thompson
Right to counsel only requires defendant's understanding of importance of counsel, not defendant's understanding of substantive law or procedural details.
Criminal Law and Procedure Mar. 30, 2000
Bowen v. Wood
Bureau of Prisons can identify additional categories of inmates who are ineligible for early release program.
Criminal Law and Procedure Mar. 30, 2000
Insurance Co. of North America v. NNR Aircargo Service
When shipping contract is silent as to carrier's liability for lost or damaged goods, invoice terms and conditions may supplement agreement.
Contracts Mar. 30, 2000
B.J. Carney Industries Inc. v. United States Environmental Protection Agency
Order
Mar. 30, 2000
Aalmuhammed v. Lee
Script consultant is not co-author if he lacks artistic control of entire film.
Intellectual Property Mar. 30, 2000
People v. Hernandez
Review granted
Criminal Law and Procedure Mar. 30, 2000
Healy Tibbitts Builders Inc. v. Cabral
Party challenging award of attorney fees under Longshore and Harbor Workers' Compensation Act is not entitled to hearing before adminstrative law judge.
Labor Law Mar. 30, 2000
Slevira v. Western Sugar Co.
Union does not breach its duty of fair representaion when it decides not to arbitrate union member's grievance.
Labor Law Mar. 30, 2000
McNatt v. Apfel
Administrative law judge should offer to postpone social security benefits hearing when attorney isn't ready to proceed because of applicant's absence.
Government Mar. 30, 2000
City and County of San Francisco v. Sainez
Fines imposed for housing code infractions do not violate due process and excessive-fines protections of state and federal constitutions.
Government Mar. 30, 2000
Jones v. Calbone
Order
Criminal Law and Procedure Mar. 29, 2000
Sanders v. Saffle
Order
Criminal Law and Procedure Mar. 29, 2000
Stephens v. Atherton
Order
Criminal Law and Procedure Mar. 29, 2000