Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
98-10059
|
U.S. v. Lee
Statute prohibiting export of fuzes includes fuze component that has no nonmilitary use, and is not unconstitutionally vague. |
Criminal Law and Procedure |
|
Oct. 29, 1999 | |
97-55901
|
Harris v. Itzhaki
Claimant has standing under Fair Housing Act if she shows distinct injury, even if indirect, resulting from discriminatory conduct. |
Civil Rights |
|
Oct. 29, 1999 | |
97-70032
|
Estate of Cartwright v. Commissioner of Internal Revenue
Life insurance proceeds, paid by firm to deceased majority shareholder's estate, includes stock payment and claims against firm for work in progress. |
Probate and Trusts |
|
Oct. 29, 1999 | |
96-70578
|
Estate of Magnin v. Commissioner of Internal Revenue
Adequacy of consideration for agreement to exchange stock interest for remainder interest in corporation is measured by remainder's actuarial value. |
Taxation |
|
Oct. 29, 1999 | |
96-17131 and 97-15422
|
Association of Mexican-American Educators v. California
Titles VI and VII of Civil Rights Act do not apply to administration of CBEST exam. |
Administrative Agencies |
|
Oct. 29, 1999 | |
97-17204
|
United States v. C.W. Roen Construction Co.
Establishment of prevailing wage for False Claims Act suit doesn't always require area-practice survey. |
Government |
|
Oct. 29, 1999 | |
97-70134
|
Mgoian v. INS
Immigrant is entitled to asylum where there is a well-founded fear of future persecution if returned to native land. |
Immigration |
|
Oct. 29, 1999 | |
98-50147
|
U.S. v. Barajas-Montiel
While alien smuggling requires a specific-intent jury instruction, failure to object limits review to plain-error analysis. |
Criminal Law and Procedure |
|
Oct. 29, 1999 | |
97-10551 and 97-10552
|
U.S. v. Fiorillo
Despite lack of exclusive control, access to a locked room is sufficient apparent authority to give consent to search. |
Criminal Law and Procedure |
|
Oct. 29, 1999 | |
97-17182
|
Gallo Cattle Co. v. California Milk Advisory Board
California Milk Advisory Board's compulsory assessments for promotion and advertising California dairy products comply with First Amendment. |
Constitutional Law |
|
Oct. 29, 1999 | |
97-55295
|
Convoy Inc. v. City of San Diego
Nude dancing ordinance that only provides discretionary stay of license suspension fails to satisfy constitutional requirement for prompt judicial review. |
Constitutional Law |
|
Oct. 29, 1999 | |
97-70937
|
Lopez v. INS
Statute of Limitations regarding reopening an absentia deportation order is tolled where immigrant's alleged counsel proved to be an impostor. |
Immigration |
|
Oct. 29, 1999 | |
98-10341 and 98-10342
|
U.S. v. Meza-Corrales
Due to small amount of officers, weapons found, and suspects fleeing or being otherwise uncooperative, defendant's temporary detention is reasonable. |
Criminal Law and Procedure |
|
Oct. 29, 1999 | |
97-56452
|
United States v. Parsons Co.
Proof of falsity under False Claims Act should not be determined by applying 'reasonable interpretation' approach. |
Government |
|
Oct. 29, 1999 | |
98-50346
|
U.S. v. Orduno-Aguilera
Possession and intent to distribute anabolic steroids can't be based on evidence of salts of anabolic steroids that aren't shown to promote muscle growth. |
Criminal Law and Procedure |
|
Oct. 29, 1999 | |
98-50440
|
U.S. v. Martinez-Vitela
Alien subject to deportation, based on prior reinstatement deportation proceeding, is entitled to show prior proceeding was flawed and prejudicial. |
Immigration |
|
Oct. 29, 1999 | |
96-56392
|
U.S. v. Romero
Possession of firearm isn't sufficient evidence of 'use' for using a firearm in connection with a drug-trafficking charge. |
Criminal Law and Procedure |
|
Oct. 29, 1999 | |
97-56775
|
Federal Deposit Insurance Corp. v. Castetter
State, not federal, law sets standard for business judgment rule for directors of federally insured bank. |
Banking |
|
Oct. 29, 1999 | |
98-70864
|
Singh-Kaur v. INS
Asylum may be denied based on immigration judge's credibility findings. |
Immigration |
|
Oct. 29, 1999 | |
98-56014
|
California Franchise Tax Board v. Jackson (In re Jackson)
State isn't entitled to except tax claim from discharge due to failure to file a tax return based on the debtor's failure to report federal tax assessment. |
Bankruptcy |
|
Oct. 29, 1999 | |
98-50199
|
U.S. v. Riley
Attempted 'simple rape' is a crime of violence for U.S. Sentencing Guidelines purposes. |
Criminal Law and Procedure |
|
Oct. 29, 1999 | |
96-16172 and 96-16284
|
Local 159, 342, 343 & 444 v. Nor-Cal Plumbing Inc.
Labor Management Relations Act may provide courts with subject-matter jurisdiction over employees' trust fund when ERISA does not. |
Employment Law |
|
Oct. 29, 1999 | |
97-10197
|
U.S. v. Sayakhom
Testimony regarding prosecuting attorney's warnings to defendant isn't barred by the advocate-witness rule. |
Criminal Law and Procedure |
|
Oct. 29, 1999 | |
97-17039
|
Pacheco v. New Life Bakery Inc.
In Title VII sexual harassment cases, employer is vicariously liable for harassment committed by supervisor. |
Employment Law |
|
Oct. 29, 1999 | |
97-36101
|
Zimmerman v. State of Oregan Dept. of Justice
Order |
|
Oct. 29, 1999 | ||
97-56547 and 98-56151
|
Marsu B.V. v. The Walt Disney Co.
Failing to contact any television network isn't 'best effort' to secure network commitment to broadcast films. |
Contracts |
|
Oct. 29, 1999 | |
98-16301
|
Wilson v. Henry
Counsel's failure to call self-defense witness, whose testimony was flawed and inconsistent with other facts, isn't ineffective assistance. |
Criminal Law and Procedure |
|
Oct. 29, 1999 | |
98-35956
|
Zimmerman v. First Union National Bank (In re Silva and Selmasska)
Bankruptcy court has jurisdiction to require turnover of property of estate and to determine whether property is owned by debtor. |
Bankruptcy |
|
Oct. 29, 1999 | |
98-70633
|
Johnson v. Director, Office of Workers' Compensation Programs
Order |
|
Oct. 29, 1999 | ||
97-17238
|
Moreno v. Stewart
Order |
|
Oct. 29, 1999 |