• 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
  • 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
  • Bell v. Reno

    Alien Convicted of Aggravated Felony Following His Entry into United States Is Deportable

    by admin
    January 01, 1970
  • 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
  • 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
  • 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
  • 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
  • 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
  • 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
  • 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
  • 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
  • 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
  • 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
  • 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
  • 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
  • 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
  • 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
  • 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
  • Cannon v. Apfel

    Seventh Circuit Court Holds SSA Not to Blame For Appointing Uncle Who Misappropriated SSI Payments

    by admin
    January 01, 1970
  • 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
  • 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
  • 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
  • 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
  • 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
  • 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
  • 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
  • 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
  • Doyal v. Oklahoma Heart Inc.

    In ADA Dismissal Claim, Tenth Circuit Court Holds Depression Not a 'Substantial Limitation'

    by admin
    January 01, 1970
  • In re Arons

    Representation by Lay Advocates at Due Process Hearings Is Unauthorized Practice of Law

    by admin
    January 01, 1970
  • 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
  • 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
  • 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
  • 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
  • EEOC v. W&O Inc.

    Each Employee Represented by Equal Employment Opportunity Commission May Receive Full Statutory Damages

    by admin
    January 01, 1970
  • 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
  • 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
  • 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
  • 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
  • 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
  • In re Wilson

    Need for Transportation to Medical Provider Deemed Essential and Therefore Claimable as an Expense

    by admin
    January 01, 1970