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U.S. v. Martinez-Ramos
Disparities in plea-bargaining policies by different U.S. Attorney's offices permit district court to downwardly depart from U.S. Sentencing Guidelines.
Criminal Law and Procedure Oct. 29, 1999
U.S. v. Harris
Statute prohibiting false statements or concealment of facts on ERISA form isn't unconstitutionally vague.
Criminal Law and Procedure Oct. 29, 1999
Kleve v. Hill
Despite conspiracy to commit second-degree murder being a nonexistent crime, defendant's conviction nonetheless is valid.
Criminal Law and Procedure Oct. 29, 1999
Owens Valley Indian Housing Authority v. Turner
Federal courts lack jurisdiction over landlord-tenant dispute involving American Indian housing agency.
Government Oct. 29, 1999
Bendixen v. Standard Insurance Co.
Unless conflict of interest between an ERISA plan administrator and claimant is 'serious,' court's review is limited to abuse-of-discretion standard.
Employment Law Oct. 29, 1999
Moore v. Reno
Absent new constitutional law or facts, successive habeas petitions aren't allowed.
Criminal Law and Procedure Oct. 29, 1999
Resolution Trust Corp. v. Keating
Collateral estoppel not applicable when conduct admitted in criminal plea agreement isn't related to civil action.
Civil Procedure Oct. 29, 1999
U.S. v. Hickey
Court of Appeals lacks jurisdiction if interlocutory criminal appeal doesn't fall within final judgment rule or within any exceptions.
Criminal Law and Procedure Oct. 29, 1999
NLRB v. Calkins
Threatening to have nonemployee union representatives arrested for informational handbilling and picketing on employer property is unfair labor practice.
Labor Law Oct. 29, 1999
Fuku-Bonsai Inc. v. E.I. du Pont de Nemours and Co.
General release by product liability plaintiff doesn't bar fraudulent inducement action based on postsettlement revelation of discovery fraud.
Torts Oct. 29, 1999
Read-Rite Corp. v. Burlington Air Express
Recovery for damage to internationally shipped goods is governed by federal common law.
Business Law Oct. 29, 1999
American Soccer Co. Inc. v. Score First Enterprises
Federal plaintiff has absolute right to voluntarily dismiss complaint without prejudice before defendant serves answer or motion for summary judgment.
Civil Procedure Oct. 29, 1999
Rich v. Calderon
Habeas relief isn't proper where defendant failed to challenge indictment and impartiality of jury after change of venue.
Criminal Law and Procedure Oct. 29, 1999
Miles v. Prunty
When prison officials fail to draw inmate's filing fee from trust account, time limitation to file habeas corpus petition is equitably tolled.
Criminal Law and Procedure Oct. 29, 1999
San Jose Mercury News Inc. v. U.S. District Court (Saldivar)
Nonparty members of the public have prejudgment right to access court records in civil cases.
Government Oct. 29, 1999
O.S.C. & Associates Inc. v. Commissioner of Internal Revenue
Disguised compensation to employee-shareholders is form of underpayment of taxes and subject to negligence penalty.
Taxation Oct. 29, 1999
Sussman v. American Broadcasting Cos. Inc.
Where the purpose is for worthy newsgathering information, secretly videotaping conversations by reporter isn't improper under federal wiretapping statute.
Torts Oct. 29, 1999
Leyva-Licea v. INS
Prior conviction of solicitation to possess marijuana for sale isn't a deportable offense under Immigration and Nationality Act.
Immigration Oct. 29, 1999
U.S. v. Baron-Medina
Prior state conviction for lewd acts with a child under 14 years is an aggravated felony for U.S. Sentencing Guidelines enhancement purposes.
Criminal Law and Procedure Oct. 29, 1999
Wellington v. Lyon County School District
A reasonable jury could find that an employee was 'disabled' and 'qualified' within the meaning of the Americans with Disabilities Act.
Employment Law Oct. 29, 1999
U.S. v. Rocha-Leon
Federal statute prohibiting escape from attorney general also applies to escape from custody of Bureau of Prisons.
Criminal Law and Procedure Oct. 29, 1999
Blue Cross of California v. Anesthesia Care Associates
Medical providers' claims that cannot be asserted by providers' patients are not pre-empted by ERISA.
Civil Procedure Oct. 29, 1999
Grijalva v. Shalala
Order
Oct. 29, 1999
Alvarez v. Gomez
Repeated inquiries into the availability of counsel is sufficient to invoke Miranda v. Arizona rights to counsel.
Criminal Law and Procedure Oct. 29, 1999
U.S. v. Colorado Supreme Court
Applying local district court rule of professional responsibility to federal prosecutors does not violate the supremacy clause.
Constitutional Law Oct. 29, 1999
U.S. v. Gomez
Admission of absent co-defendants confessions implicating defendant violate confrontation clause.
Criminal Law and Procedure Oct. 29, 1999
United States ex rel. Hafter v. Spectrum Emergency Care Inc.
Qui tam plaintiff cannot proceed without showing direct and independent knowledge of fraudulent claims information.
Government Oct. 29, 1999
Wallace v. Ward
No error when court applies unconstitutional evidentiary standard to determine competency, but there is no bona fide doubt regarding defendants competency.
Criminal Law and Procedure Oct. 29, 1999
Braun v. Ward
Waiver of counsel isnt involuntary when defendant is given choice of continuing hearing so that new counsel can be appointed.
Criminal Law and Procedure Oct. 29, 1999
Cottrell Ltd. v. Biotrol International Inc.
Label claims that violate Environmental Protection Agency clearance requirements and also constitute false advertising, arent within agencys exclusive jurisdiction.
Administrative Agencies Oct. 29, 1999