| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
98-10259
|
U.S. v. Forbes
Federal law prohibits the imposition of both probation and straight prison time. |
Criminal Law and Procedure |
|
Jun. 29, 1999 | |
|
97-56407
|
Bankruptcy of Turley
Proceeds from noncertified share in racing team are general intangibles and not subject to Article 8 security interest. |
Bankruptcy |
|
Jun. 29, 1999 | |
|
97-16909
|
Robi v. Reed
Founding member of singing group has superior right to use name of group over deceased member who assigned right to someone else. |
Intellectual Property |
|
Jun. 29, 1999 | |
|
98-56126
|
U.S. v. Bowen
Food and Drug Administration can order recall of dental handpiece sterilizer without proving device actually prevents disease. |
Administrative Agencies |
|
Jun. 29, 1999 | |
|
97-17121
|
Stone v. City of Prescott
City's refusal to allow petition for a city-wide referendum challenging real property transfers wasn't a violation of plaintiff's civil rights. |
Constitutional Law |
|
Jun. 29, 1999 | |
|
98-10270
|
U.S. v. Hock
Resentencing defendant on unchallenged conviction is within trial court's discretion. |
Criminal Law and Procedure |
|
Jun. 29, 1999 | |
|
96-10285
|
U.S. v. Flores
Co-conspirator testimony which leads to sentence enhancement isn't barred simply because co-conspirator cooperated in expectation of leniency. |
Criminal Law and Procedure |
|
Jun. 29, 1999 | |
|
97-17034
|
Lakeside Non-Ferrous Metals Inc. v. Hanover Insurance Co.
Insurance policies excluding property damage by pollution preclude contamination claims framed as trespass and nuisance actions. |
Insurance |
|
Jun. 29, 1999 | |
|
97-55827
|
Meanel v. Apfel
Commissioner of Social Security can deny disability insurance benefits if claimant can perform specific occupation readily available in her area. |
Administrative Agencies |
|
Jun. 29, 1999 | |
|
96-10179
|
U.S. v. Jones
Order |
|
Jun. 29, 1999 | ||
|
93-55392
|
Jacobson v. Hughes Aircraft Co.
Order |
|
Jun. 29, 1999 | ||
|
98-99032
|
McDowell v. Calderon
District court improperly issues protective order on evidentiary matters when attorney-client privilege is waived by alleging ineffective assistance of counsel. |
Criminal Law and Procedure |
|
Jun. 29, 1999 | |
|
96-10535
|
U.S. v. Corral
District court may not rely on impermissible hearsay to calculate a defendant's sentence. |
Criminal Law and Procedure |
|
Jun. 29, 1999 | |
|
97-50296
|
U.S. v. Cooper
Federal sewage sludge regulations don't relieve transporter's duty to comply with local permit requirements. |
Environmental Law |
|
Jun. 29, 1999 | |
|
96-50359
|
U.S. v. Washington
On sentencing remand, mandate to recalculate base offense level doesn't preclude district court from including other applicable departures. |
Criminal Law and Procedure |
|
Jun. 29, 1999 | |
|
97-56275
|
United States v. Marolf
Failure to comply with the Statute of Limitations and show the applicability of aches, renders a forfeiture action void. |
Civil Procedure |
|
Jun. 29, 1999 | |
|
97-16987
|
Lopez v. Smith
Opinion |
|
Jun. 29, 1999 | ||
|
98-50080
|
U.S. v. Bensimon
Admission of 17-year-old fraud conviction to impeach defendant charged with drug possession requires reversal. |
Criminal Law and Procedure |
|
Jun. 29, 1999 | |
|
97-56055
|
K.V. Mart Co. v. United Food and Commercial Workers International Union, Local 324
Labor Law Management Relations Act Section 301, doesn't confer federal subject matter jurisdiction over all suits by or against unions covered by the Act. |
Labor Law |
|
Jun. 29, 1999 | |
|
98-50235
|
U.S. v. Davoudi
Restitution must be based on fair market value of property at the time the victim had power to dispose of it. |
Criminal Law and Procedure |
|
Jun. 29, 1999 | |
|
95-50378
|
U.S. v. Qualls
Jury may convict defendant for possessing any one of seven firearms listed in an indictment. |
Criminal Law and Procedure |
|
Jun. 29, 1999 | |
|
96-36058
|
U.S. v. Barron
Trial court errs in requiring defendant to choose between status quo or elimination of plea on motion to vacate sentence for no factual basis. |
Criminal Law and Procedure |
|
Jun. 29, 1999 | |
|
97-56204
|
Crystal v. United States
Initiation of voluntary disclosure to IRS doesn't immunize taxpayers from investigation by Criminal Investigation Division nor give right to quash summons. |
Taxation |
|
Jun. 29, 1999 | |
|
97-15885
|
Fredenburg v. Contra Costa County Department of Health Services
Employee's claim against former employer under Americans with Disabilities Act isn't barred by employee's receipt of state temporary disability benefits. |
Civil Rights |
|
Jun. 29, 1999 | |
|
98-50194
|
U.S. v. Mejia-Sanchez
Probation officer doesn't exceed statutory authority by submitting petition to revoke defendant's supervised release to district court. |
Criminal Law and Procedure |
|
Jun. 29, 1999 | |
|
97-35538 and 97-35820
|
United States v. Hyundai Merchant Marine Co.
Liability for removal costs under the Oil Pollution Act also includes liability for government monitoring costs. |
Environmental Law |
|
Jun. 29, 1999 | |
|
97-71157
|
Stoyanov v. INS
Asylum applicant must be given opportunity to explain purported inconsistencies in testimony that form basis for vacating positive credibility finding by immigration judge. |
Immigration |
|
Jun. 29, 1999 | |
|
97-71414
|
Leiva-Montalvo v. lNS
Characterization by alien of homeland guerrillas as 'criminal,' doesn't preclude grant of asylum for past political persecution. |
Immigration |
|
Jun. 29, 1999 | |
|
97-10055
|
U.S. v. Jimenez-Medina
Border patrol agent doesn't have reasonable suspicion to stop locally licensed vehicle simply because it is registered to a Mexican national. |
Criminal Law and Procedure |
|
Jun. 29, 1999 | |
|
A082253
|
Anderson, Jr. v. Metalclad Insulation Corporation
Summary judgment is improper where moving party submits insufficient evidence to support inference that plaintiff is permanently disabled. |
Torts |
|
Jun. 29, 1999 |