Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
97-99004 and 97-99005
|
Poland v. Stewart
Appellate counsel's failure to raise claim doesn't constitute 'cause' excusing procedural default. |
Criminal Law and Procedure |
|
Apr. 29, 1999 | |
96-3146
|
Prime Time Shuttle International Inc. v. California Public Utilities Commission
Retaliatory prosecution claim fails if claimant isn't the only similarly situated person prosecuted and there's no impermissible motive. |
Civil Rights |
|
Apr. 29, 1999 | |
97-16497
|
Partnership Exchange Securities Co. v. National Association of Securities Dealers Inc.
National Association of Securities Dealers is immune to trader's claims based on disciplinary actions against the trader. |
Securities |
|
Apr. 29, 1999 | |
97-36142
|
Morgan v. Commissioner of the Social Security Administration
Administrative law judge may reject doctors' testimony where it is inconstant and based on subjective complaints of individual. |
Administrative Agencies |
|
Apr. 29, 1999 | |
98-10027
|
U.S. v. Crawford
Party seeking offset under Victim Witness Protection Act must demonstrate insurance proceeds were for same loss. |
Criminal Law and Procedure |
|
Apr. 29, 1999 | |
98-20585
|
Enea v. Coldwell Banker/Del Monte Realty
Listing broker need not split commission with buyer's broker absent agreement. |
Bankruptcy |
|
Apr. 29, 1999 | |
97-17347
|
Estate of Etta Kee v. U.S.
Under Tort Claims Act, government liability is determined by factual, not legal, liability of immune employee. |
Government |
|
Apr. 29, 1999 | |
97-10331
|
U.S.A. v. Mussari
Order |
|
Apr. 29, 1999 | ||
97-56162
|
Delgado v. Lewis
Defendant denied right to effective counsel when appellate attorney files 'no merit' brief that fails to raise any arguable issues. |
Criminal Law and Procedure |
|
Apr. 29, 1999 | |
98-10095
|
U.S. v. Vences
District court's failure to state reasons for sentence doesn't render it 'illegal sentence' that is appealable, despite defendant's waiver of appeal right. |
Criminal Law and Procedure |
|
Apr. 29, 1999 | |
98-15281
|
Silva v. Rotkin
One year limitations period under Tort Claims Act applies to actions under federal civil rights statute. |
Torts |
|
Apr. 29, 1999 | |
97-99004
|
Poland v. Stewart
Appellate counsel's failure to raise claim doesn't constitute 'cause' excusing procedural default. |
Criminal Law and Procedure |
|
Apr. 29, 1999 | |
97-70772
|
Jerezano v. Immigration and Naturalization Service
Immigration judge's refusal to reopen or continue a hearing, after petitioner arrived late, violates due process. |
Immigration |
|
Apr. 29, 1999 | |
97-71184
|
Duhagon v. Metropolitan Stevedore Co.
Denial of permanent disability benefits properly based upon unequivocal physician's testimony despite statutory presumption of causation. |
Workers' Compensation |
|
Apr. 29, 1999 | |
98-55967
|
Cacique Inc. v. Robert Reiser & Co.
Reasonable royalty can only be recovered in trade secret suits when both actual damages and unjust enrichment can't be proven. |
Intellectual Property |
|
Apr. 29, 1999 | |
97-16880
|
Memmer v. Marin County Courts
Providing visually impaired party with an interpreter to assist in trial is sufficient reasonable accommodation under Americans with Disabilities Act. |
Civil Rights |
|
Apr. 29, 1999 | |
97-55610 and 97-56355
|
Warn v. M/Y Maridome
Foreign maritime law, rather than the Jones Act, applies where accident involving yacht flying British flag occurs in Grecian waters. |
Maritime Law |
|
Apr. 29, 1999 | |
97-17440 and 97-17442
|
California Democratic Party v. Jones
Ballot initiative opening state primary elections to all registered voters, regardless of party affiliation, doesn't violate parties' First Amendment association rights. |
Government |
|
Apr. 29, 1999 | |
96-1492
|
Natural Resources Defense Council Inc. v. Southwest Marine Inc.
Private citizens can seek civil monetary penalties for on-going violations of the Clean Water Act. |
Environmental Law |
|
Apr. 29, 1999 | |
97-2053
|
Lake Tahoe Watercraft v. Tahoe Regional Planning Agency
Congressional consent to bi-state compact is conscious effort by state participants to impose federal sanction on actions affecting important regional interests. |
Environmental Law |
|
Apr. 29, 1999 | |
97-1716
|
U.S. v. Santa Ynez Band of Chumash Mission
California is in compliance with Indian Gaming Regulatory Act obligations and Indian Tribes must cease all Class III gaming. |
Native American Affairs |
|
Apr. 29, 1999 | |
97-1935
|
Bankruptcy of Pederson
Debtor can't avoid judgment lien that attaches to homestead property upon acquisition of the property. |
Bankruptcy |
|
Apr. 29, 1999 | |
98-0018
|
WRS Motion Picture v. Post Modern Edit Inc.
Removal to federal court on diversity grounds requires remand under 'no-local-defendant' rule unless case has already proceeded to judgment on merits. |
Civil Procedure |
|
Apr. 29, 1999 | |
98-1086
|
Elsaas v. County of Placer
District court doesn't have jurisdiction over wrongful termination case brought by county employees where there is no diversity or pendent party jurisdiction. |
Civil Procedure |
|
Apr. 29, 1999 | |
97-1239
|
McGarry v. Board of County Commissioners of the County of Pitkin
Manager's characterization of hirings as 'affirmative action' shows reverse discrimination. |
Civil Rights |
|
Apr. 29, 1999 | |
98-6122
|
Dang v. Unum Life Insurance Company of America
Insurance contract needs forfeiture provision to deny claim outside notice period. |
Insurance |
|
Apr. 29, 1999 | |
98-2178
|
Powell v. United States Postal Service
Order |
Civil Rights |
|
Apr. 29, 1999 | |
99-6070
|
Brothers v. United States Parole Commission
Order |
Criminal Law and Procedure |
|
Apr. 29, 1999 | |
98-5242
|
Wilder v. United States of America
Order |
Prisoners Rights |
|
Apr. 29, 1999 | |
98-2151
|
Vasquez v. Lemaster
Order |
Criminal Law and Procedure |
|
Apr. 29, 1999 |