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Name Category Published
Natural Resources Defense Council Inc. v. Southwest Marine Inc.
Plaintiff's notice letter of Clean Water Act violations contains sufficient allegations to meet regulatory requirements. 		Environmental Law Feb. 7, 2000
U.S. v. Aragon
Implied threat of death expressed during robbery warrants increasing offense two levels under Sentencing Guidelines. 		Criminal Law and Procedure Feb. 7, 2000
Taormina v. California Department of Corrections
Eleventh Amendment bars inmate's claims against state prison but not against officials as individuals. 		Prisoners Rights Feb. 7, 2000
Wetherill v. Basham
In unsuccessful attempt to change trust beneficiary, successor trustee inadvertently accomplishes same through valid exercise of appointment power. 		Probate and Trusts Feb. 7, 2000
Broad v. Ag
Order 		Feb. 4, 2000
Collins v. Bender
Suit based on warrantless search of federal employee's residence, under the guise of a 'personnel action,' isn't pre-empted by Civil Service Reform Act. 		Civil Rights Feb. 4, 2000
U.S. v. Symington
Juror may not be dismissed if the discharge stems from the juror's doubt about the sufficiency of the evidence. 		Criminal Law and Procedure Feb. 4, 2000
WMX Technologies Inc. v. Miller
Prosecutor isn't liable for report on corporation's suspected illegal activity for writing headline entitled 'organized crime connections.' 		Torts Feb. 4, 2000
United States v. Alcan Electrical and Engineering Inc.
Second-hand source of information, who previously lodged complaint with district court, lacks standing to prosecute qui tam False Claims Act violations. 		Torts Feb. 4, 2000
Henry v. Kernan
Defendant's confession is involuntary and therefore inadmissible if it is result of psychologically coercive questioning and unheeded requests for counsel. 		Criminal Law and Procedure Feb. 4, 2000
Barnett v. U.S. Air Inc.
Americans with Disabilities Act doesn't entitle disabled employee to exemption from seniority system. 		Civil Rights Feb. 4, 2000
Hiivala v. Wood
Order 		Feb. 4, 2000
U.S. v. Beardslee
Conviction for use of fire to commit mail fraud requires both the fire and fraud to have been completed. 		Criminal Law and Procedure Feb. 4, 2000
Audette v. International Longshoremen's and Warehousemen's Union
Labor Management Relations Act pre-empts state law claim when resolution requires interpretation of the collective bargaining agreement. 		Labor Law Feb. 4, 2000
Swoopes v. Sublett
For Arizona state prisoners, exhausting state remedies before seeking federal habeas review does not include seeking review before the Arizona Supreme Court. 		Criminal Law and Procedure Feb. 4, 2000
Battista v. Federal Deposit Insurance Corp.
Judgment creditors, enforcing judgment after their contract was repudiated under Financial Institutions Reform, Recovery and Enforcement Act, aren't entitled to cash payment. 		Banking Feb. 4, 2000
Communications Telesystems International v. California Public Utility Commission
Telecommunications Act of 1996 doesn't pre-empt state's authority to impose sanctions against service provider that switched customers' services without their consent. 		Government Feb. 4, 2000
Akinmade v. INS
Refugee's submission of false documents, to escape immediate danger, doesn't reflect on refugee's credibility. 		Immigration Feb. 4, 2000
California Attorneys for Criminal Justice v. Butts
Officers aren't entitled to qualified immunity for following police policy of interrogating criminal suspects in disregard of their 'Miranda' rights. 		Civil Rights Feb. 4, 2000
DiLoreto v. Downey Unified School District Board of Education
School district may refuse to post on school property a paid advertisement containing the Ten Commandments. 		Constitutional Law Feb. 4, 2000
U.S. v. Smith
Federal statute prohibiting bribery of witnesses doesn't prevent government from conferring immunity upon a cooperating witness. 		Criminal Law and Procedure Feb. 4, 2000
Tremain v. Bell Industries Inc.
Evidence outside the administrative record may be considered to determine whether administrator's conflict of interest affected the decision. 		Employment Law Feb. 4, 2000
San Diego Chapter of the Surfrider Foundation v. Dalton
Opinion 		Government Feb. 4, 2000
U.S. v. Kramer
Habeas relief is not available when seeking to challenge only the restitution order. 		Criminal Law and Procedure Feb. 4, 2000
Circuit City Stores Inc. v. Ahmed
Employee's failure to opt out of employer's dispute resolution program renders the Federal Arbitration Act inapplicable. 		Employment Law Feb. 4, 2000
U.S. Trustee v. Garvey, Schubert & Baker (In re Century Cleaning Services Inc.)
A Chapter 7 debtor's attorney may receive professional fees from the bankruptcy estate for postpetition services. 		Bankruptcy Feb. 4, 2000
Lindsey v. Tacoma-Pierce County Health Dept.
Local ban on outdoor tobacco advertising is pre-empted by Federal Cigarette Labeling and Advertising Act. 		Government Feb. 4, 2000
Dubria v. Smith
Defense counsel's failure to object to prosecutor's prejudicial remarks during closing argument is ineffective assistance of counsel. 		Criminal Law and Procedure Feb. 4, 2000
Bono v. Benov
Parole Commission acts with presumed vindictiveness by extending prisoner's parole date based on victim's letter which isn't included in the sentencing decision. 		Prisoners Rights Feb. 4, 2000
Frost v. Symington
Prison ban on pornography depicting penetration is constitutional. 		Prisoners Rights Feb. 4, 2000
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