| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
92-15247
|
Dillingham Construction N.A. Inc. v. County of Sonoma
National Labor Relations Act doesn't pre-empt state apprenticeship prevailing-wage law. |
Labor Law |
|
Dec. 3, 1999 | |
|
97-55679
|
American Ad Management Inc. v. General Telephone Co. of California
Sellers of advertising space in telephone directories have standing to allege antitrust violations by directories' publishers. |
Antitrust |
|
Dec. 3, 1999 | |
|
97-55920
|
Hunter v. Regents of the University of California
Race and ethnicity may be used in admission process for elementary school that is operated as research laboratory. |
Civil Rights |
|
Dec. 3, 1999 | |
|
98-10199
|
U.S. v. Shipsey
When indictment charges only theft by false pretenses, court errs when it instructs jury that any wrongful taking constitutes theft. |
Criminal Law and Procedure |
|
Dec. 3, 1999 | |
|
98-55323
|
Bell v. Hill
Prisoner is entitled to appointment of counsel for new trial motion, as case requiring appointment isn't a 'new rule.' |
Criminal Law and Procedure |
|
Dec. 3, 1999 | |
|
98-71416
|
EIE Guam Corp. v. Supreme Court of Guam (Long-Term Credit Bank of Japan Ltd.)
Although Court of Appeals has jurisdiction to review issues of Guam law, it's not required if there's no federal question. |
Civil Procedure |
|
Dec. 3, 1999 | |
|
98-15170 and 98-15637
|
Redwood Empire Life Support v. County of Sonoma
Municipality may grant monopoly for ambulance services, including nonemergency transports, without violating Sherman Act. |
Antitrust |
|
Dec. 3, 1999 | |
|
97-10044
|
U.S. v. Farhad
Defendant's repeated, unequivocal desire for self-representation is a valid waiver of the right to counsel. |
Criminal Law and Procedure |
|
Dec. 3, 1999 | |
|
97-30366
|
U.S. v. Fox
Conspiracy to sell powered cocaine that is, or can be, foreseeably converted to crack cocaine may be considered for sentencing purposes. |
Criminal Law and Procedure |
|
Dec. 3, 1999 | |
|
98-10316
|
U.S. v. Tucor International Inc.
Trucker engaged in shipping household goods to and from places within foreign country is exempt from prosecution in U.S. under Shipping Act. |
Criminal Law and Procedure |
|
Dec. 3, 1999 | |
|
98-35720
|
Ross v. State of Alaska
Issue preclusion doctrine bars Republican Party from relitigating Alaska's primary blanket system since issue was already decided by Alaska Supreme Court. |
Government |
|
Dec. 3, 1999 | |
|
97-16694
|
San Pablo v. Immigration and Naturalization Service
Under Immigration Reform Control Act district court has jurisdiction over claims alleging inadequate procedures of the Immigration and Naturalization Service. |
Immigration |
|
Dec. 3, 1999 | |
|
98-50477
|
U.S. v. Hernandez-Franco
Several undocumented aliens found in defendant's van is sufficient to convict of attempting to transport undocumented aliens in violation of federal law. |
Criminal Law and Procedure |
|
Dec. 3, 1999 | |
|
97-10107
|
U.S. v. Lawrence
Jury need not be instructed on defendant's theory of the case if other instructions entirely cover defendant's theory. |
Criminal Law and Procedure |
|
Dec. 3, 1999 | |
|
97-36128
|
Alaska Center for the Environment v. U.S. Forest Service
Extension of one-year use permit for helicopter-guided recreation activities doesn't require environmental impact statement. |
Environmental Law |
|
Dec. 3, 1999 | |
|
97-56437
|
Wetzel v. Lou Ehlers Cadillac Group Long Term Disability Insurance Program
Rule determining accrual date of ERISA claim against long-term disability insurance plan depends on policy's proof-of-loss provisions. |
Insurance |
|
Dec. 3, 1999 | |
|
98-70548, 98-70550, 98-70821, and 99-70247
|
Nabors Alaska Drilling Inc. v. NLRB
Unequal application of company's drug-use policies is an unfair labor practice. |
Labor Law |
|
Dec. 3, 1999 | |
|
98-16458
|
Anderson v. Reno
District court erred in failing to consider relevant incidents that did not occur within 45 days of Equal Opportunity Employment Commission proceedings. |
Employment Law |
|
Dec. 3, 1999 | |
|
98-56309
|
Insurance Co. of North America v. Federal Express Corp.
International air carrier isn't liable for employee's willful misconduct in stealing shipped goods while held in place not listed on air waybill. |
Torts |
|
Dec. 3, 1999 | |
|
98-71501 and 98-71503
|
Cowen Securities Corp. v. U.S. District Court (Randall)
Under Securities Litigation Reform Act, after grant of motion to dismiss class action suit without prejudice, court cannot permit discovery. |
Securities |
|
Dec. 3, 1999 | |
|
97-15295
|
Tapia v. Roe
Erroneous aiding and abetting instruction is harmless error where jury's guilt finding of special circumstance murder required determination of intent. |
Criminal Law and Procedure |
|
Dec. 3, 1999 | |
|
97-56423
|
The Ambassador Hotel Co. v. Wei-Chuan Investment
Loss causation for fraud in sale of securities requires showing that defendant's misrepresentations caused plaintiff's injury more than another factor. |
Securities |
|
Dec. 3, 1999 | |
|
97-99010
|
Smith Jr. v. Stewart
Where lawyer fails to effectively present mitigating factors at defendant's resentencing hearing, defendant can't be sentenced to death. |
Criminal Law and Procedure |
|
Dec. 3, 1999 | |
|
98-50361
|
U.S. v. Jackson
Federal sentencing guidelines which imposes mandatory drug testing while on supervised release isn't inconsistent with ex post facto clause. |
Criminal Law and Procedure |
|
Dec. 3, 1999 | |
|
95-55205
|
California Credit Union League v. City of Anaheim
Cure of jurisdictional defect by joinder of United States as co-plaintiff does not result in prejudice to the parties. |
Civil Procedure |
|
Dec. 3, 1999 | |
|
98-15344
|
7-Up Bottling Co. of Jasper Inc. v. Varni Brothers Corp.
Sherman Act price fixing violation based on circumstantial evidence must exclude possibility that defendant acted independently. |
Antitrust |
|
Dec. 3, 1999 | |
|
98-55810
|
Avery Dennison Corp. v. Sumpton
Registration of a common surname on principal register doesn't satisfy requirement of 'famousness' under Federal Trademark Dilution Act. |
Intellectual Property |
|
Dec. 3, 1999 | |
|
98-50399
|
U.S. v. Riley
Destruction of government agent's notes of conversations with its operatives isn't harmless error and requires reversal. |
Criminal Law and Procedure |
|
Dec. 3, 1999 | |
|
98-56249
|
Gatlin v. Madding
When exhausting state court remedies, defendant's review petition to state supreme court cannot simply incorporate by reference arguments made to lower court. |
Criminal Law and Procedure |
|
Dec. 3, 1999 | |
|
98-35531
|
Dictado v. Ducharme
Improperly filed state personal restraint petition doesn't toll time limitations of federal Antiterrorist and Effective Death Penalty Act. |
Criminal Law and Procedure |
|
Dec. 3, 1999 |