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Hazelton v. Commissioner fo the Dept. of Human Servs.
Recipient Who Continued to Receive Food Stamps After Son Left Household Did Not Commit Intentional Program Violation
by admin
January 01, 1970
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Apprendi v. New Jersey
Supreme Court Holds That Any Increased Penalty For Race-Motivated Crime Requires Proof Beyond Reasonable Doubt Before a Jury
by admin
January 01, 1970
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Hoover v. Paddleford
Oklahoma Supreme Court Prohibits Trial Judge from Holding Proceedings Not in Compliance with Indian Child Welfare Act
by admin
January 01, 1970
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Bell v. Reno
Alien Convicted of Aggravated Felony Following His Entry into United States Is Deportable
by admin
January 01, 1970
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Garcia-Ayala v. Lederle Parenterals Inc.
First Circuit Court Finds That Undue Hardship Under ADA Requires Individualized Assessment, and That Employer Was Not Financially Burdened by Using Temporary Replacements of Person on Long-Term Leave
by admin
January 01, 1970
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New York City Environmental Justice Alliance v. Giuliani
Second Circuit Court Upholds Denial of Injunction Against New York to Prevent Bulldozing of Community Gardens on Disparate Impact Grounds
by admin
January 01, 1970
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Shane v. Fauver
Third Circuit Court Upholds District Court's Dismissal Without Leave to Amend Due to Deficiency of Pro Se Unconstitutional Conditions Case
by admin
January 01, 1970
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Nicini v. Morra
Third Circuit Court Holds That State's Placing Person in Custody With an Abuser Did Not Violate Constitutional Rights
by admin
January 01, 1970
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Shoats v. Horn
Third Circuit Court Holds That Solitary Confinement Procedures Comport With Due Process and Outweigh Protected Liberty Interest
by admin
January 01, 1970
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Tillman v. Lebanon County Correctional Facility
Third Circuit Court Upholds Constitutionality of Levying Funds for Housing Costs Associated With Reincarceration After Parole Violations
by admin
January 01, 1970
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In re Shah
Incapacitated Patient Moved to Interstate Hospital Becomes Resident of That State; also Spouse Can Take Over Assets for Purposes of Medicaid Planning
by admin
January 01, 1970
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Plant v. Morton International Inc.
Sixth Circuit Court Holds Employer Did Not Give Sufficient Notice That 12-Week Period Had Begun to Run, But Also Finds That Employee Did Not Prove Disability
by admin
January 01, 1970
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Floss v. Ryan's Family Steak Houses
Arbitration Agreement Is Unenforceable Because Without Mutuality of Obligation There Is No Consideration
by admin
January 01, 1970
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VanDenBroeck v. CommonPoint Mortgage Co.
Sixth Circuit Court Dismisses RICO Undisclosed Charges Claim as Failing to Properly Allege Fraud
by admin
January 01, 1970
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In re Bartee
Fifth Circuit Court Holds That Without Some Value in Principal Residence, Body Holding Secondary Lien is not Protected by Bankruptcy Antimodification Provisions
by admin
January 01, 1970
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In re Mercer
Fifth Circuit Court Affirms That Company Could Not Meet Reliance Requirement to Challenge Discharge, Since Cardholder Made No Representation as to Creditworthiness
by admin
January 01, 1970
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Dorn v. International Brotherhood of Electrical Workers
Fifth Circuit Court Affirms That Ex-Spouse Is Not Entitled to Proceeds of Annuity After a QDRO is Issued
by admin
January 01, 1970
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Bill Branch Coal Corp. v. Sparks
Fourth Circuit Court Holds That Black Lung Benefit ALJ Failed to Adequately Explain Weighting Given to Evidence and Remands
by admin
January 01, 1970
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Island Creek Coal Co. v. Compton
Fourth Circuit Court Finds Black Lung ALJ Wrongly Weighed Evidence Piecemeal and Remands Case
by admin
January 01, 1970
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Dickerson v. Apfel
Eighth Circuit Holds That Finding That Impairments are Severe Does Not Require Finding That They are Disabling for SSI Purposes
by admin
January 01, 1970
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Craig v. Apfel
Eighth Circuit Affirms That Disability Finding is Not Mandated by Work Activity Being Made Painful by Degenerative Spinal Condition
by admin
January 01, 1970
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Kojetin v. C U Recovery Inc.
Eighth Circuit Holds That Collection Fee Based Not on Cost of Collection But on Principal Balance Remaining Violated Fair Debt Collection Practices Act
by admin
January 01, 1970
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Stahly v. Apfel
Eighth Circuit Affirms SSI Commissioner's Rejection of One Expert's Opinion in Favor of Another in Light of Other Available Evidence
by admin
January 01, 1970
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Buckner v. Apfel
Eighth Circuit Broadens Scope for Relief, Holding That District Court Used Wrong Form of Remand of SSI Disability Appeal
by admin
January 01, 1970
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Duffy v. Landberg
Eighth Circuit Holds Collection Notice That Slightly Overstated Debtors Potential Liability Still Violated Plain Language of FDCPA
by admin
January 01, 1970
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Cannon v. Apfel
Seventh Circuit Court Holds SSA Not to Blame For Appointing Uncle Who Misappropriated SSI Payments
by admin
January 01, 1970
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Gile v. United Airlines
Seventh Circuit Court Reverses Award of Punitive Damages Under ADA As Employer Did Not Show Reckless Indifference
by admin
January 01, 1970
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Walker v. Snyder
Seventh Circuit Court Holds Individuals Not Subject of ADA Provisions, Hence Claim Against Prison Officials Should be Pursued in State Court
by admin
January 01, 1970
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Joy v. Penn-Harris-Madison School Corp.
Seventh Circuit Court Permits Random Drug Testing of Students Going Outside School for Drugs and Alcohol But Not Nicotine
by admin
January 01, 1970
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Kruger v. Apfel
Seventh Circuit Court Vacates District Court's Dismissal Without Warning of Disability Benefit Suit as an Abuse of Discretion
by admin
January 01, 1970
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Pettit v. Retrieval Masters Creditors Bureau
Seventh Circuit Court Affirms That Appearance of "Creditors Bureau" in Name of Collection Agency Was Not Misleading
by admin
January 01, 1970
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In re Harvey
Seventh Circuit Court Finds That Lien Can be Lifted from Bankrupt's Automobile Because Creditor Failed to Act Before Plan Was Confirmed
by admin
January 01, 1970
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Balderos v. City Chevrolet
Seventh Circuit Court Finds TILA Violations in Passed-On Finance Charges and in Useless 'Auto Club' Membership Fee
by admin
January 01, 1970
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Conley v. Village of Bedford Park
Seventh Circuit Court Affirms That Recovering Alcoholic Was Not Discriminated Against Under ADA or Vocational Rehabilitation Act
by admin
January 01, 1970
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Doe v. Woodford County Bd.
Sixth Circuit Court Finds That School Acted in Accordance With ADA and Rehabilitation Act by Putting Hep-C Carrying Basketball Team Member on 'Hold' Status
by admin
January 01, 1970
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Keith v. Rizzuto
Colorado Regulation Validly Restricted use of Income Trusts to Medicaid Applicants Whose Income is Less Than Nursing Home Costs
by admin
January 01, 1970
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Doyal v. Oklahoma Heart Inc.
In ADA Dismissal Claim, Tenth Circuit Court Holds Depression Not a 'Substantial Limitation'
by admin
January 01, 1970
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In re Arons
Representation by Lay Advocates at Due Process Hearings Is Unauthorized Practice of Law
by admin
January 01, 1970
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Wright v. Riveland
Ninth Circuit Court Finds That 35% Deduction of Inmates' Funds Doesn't Violate ERISA But is an Excessive Fine
by admin
January 01, 1970
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Walsh v. Walsh
First Circuit Court Holds Fugitive Disentitlement Rule Not to Apply to Family Matters, But Risk of Physical or Psychological Harm Precludes Return of Children Under Hague Convention
by admin
January 01, 1970
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Davis v. Cal. Health and Human Servs. Agency
San Francisco Officials Agree to Assess for Possible Home and Community-Based Services Persons in Need of Long-Term Care and Persons at Risk of Institutionalization
by admin
January 01, 1970
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In re White and Rural Housing Service
Payment Moratorium Request May Not Be Denied Because of Policy That Income Loss After Separation or Divorce Is Permanent
by admin
January 01, 1970
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EEOC v. W&O Inc.
Each Employee Represented by Equal Employment Opportunity Commission May Receive Full Statutory Damages
by admin
January 01, 1970
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Schroeder v. West
When Veteran Submits Well-Grounded Claim for Service-Connected Disability, Agency Must Assist in Development of All Bases for Claim
by admin
January 01, 1970
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Rose v. Yeaw
First Circuit Court Holds that Administrative Remedies become Futile when their Pursuance Actively Leads to an Injustice, not merely when Party has Prevailed Once Already
by admin
January 01, 1970
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Pierre v. West
In Appeal Against Attorney Fees, Federal Circuit Court Holds That Substantial Justification of Attorney’s Actions is a Question of Fact Outside Jurisdiction
by admin
January 01, 1970
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Vencor v. Physicians Mutual Insurance
After Medicare Exhaustion Hospitals May Charge Reasonably More than Approved Rate for Medicare-Covered Days in Hospital
by admin
January 01, 1970
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Glinton v. And R. Inc.
Eleventh Circuit Court Holds That Pawbroker Transactions are Governed by Pawnbroker Statute Not Usury Statute
by admin
January 01, 1970
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In re Wilson
Need for Transportation to Medical Provider Deemed Essential and Therefore Claimable as an Expense
by admin
January 01, 1970
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Erie County Retirees Assoc. v. County of Erie
ADEA Applies to an Offer of Inferior Health Insurance Coverage for Retired Employees Eligible for Medicare
by admin
January 01, 1970
