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Mitchell v. FTB (In re Mitchell)
Bankruptcy Code Section 106(a), which abrogates state sovereign immunity in proceedings to discharge tax liability, is unconstitutional.
Bankruptcy Jun. 29, 2000
Ortega v. Roe
Order
Jun. 29, 2000
La Crosse v. Kernan
Denial of state habeas petition for lack of diligence is not based on adequate and independent state ground that bars federal review.
Criminal Law and Procedure Jun. 29, 2000
Walter v. Mattel Inc.
Under Lanham Act, likelihood of reverse confusion does not occur when toy manufacturer packages doll with name similar to commercial artist's logo.
Intellectual Property Jun. 29, 2000
Nissan Fire & Marine Insurance Co. v. Fritz Companies Inc.
Under Warsaw Convention, evidence that carrier didn't receive written notice within seven days of receipt of goods does not defeat claim against shipper.
Business Law Jun. 29, 2000
Brewer v. City of Napa
Prior convictions based on nolo contendere pleas may be admitted into evidence for impeachment purposes.
Civil Rights Jun. 29, 2000
KDM, a Minor v. Reedsport School District
Order
Jun. 29, 2000
Harvey v. Waldron
Claim, that if successful would imply invalidity of conviction in pending criminal prosecution, doesn't accrue where potential for conviction continues to exist.
Constitutional Law Jun. 29, 2000
U.S. v. Romero-Avila
Name of government official to whom false claim of citizenship is made is immaterial and does not require inclusion in indictment.
Criminal Law and Procedure Jun. 29, 2000
Pacific Harbor Capital Inc. v. Carnival Airlines Inc.
Attorney may be sanctioned for misunderstanding effective date of restraining order, even without finding that attorney told client it could violate order.
Attorneys Jun. 29, 2000
Weiner v. San Diego County
County district attorney acts as state official when deciding whether to prosecute individual for criminal offense.
Criminal Law and Procedure Jun. 29, 2000
Ferrari of North America Inc. v. Sims (In re R.B.B. Inc.)
Sale of debtor's franchise cannot occur when order approving transaction is ambiguous as to specific entity that will take assignment and fund purchase.
Bankruptcy Jun. 29, 2000
Dows v. Wood
Defense attorney's illness with Alzheimer's disease during criminal trial does not make counsel ineffective per se to overturn guilty verdict.
Criminal Law and Procedure Jun. 29, 2000
Brady v. United States
Under Federal Torts Claim Act, plaintiff's first dismissed complaint, is not an automatic administrative claim in subsequent action based on same facts.
Torts Jun. 29, 2000
Hollister v. Tuttle
Professor may not be denied promotion or pay increases for speaking publicly against feminist criticism of male writers.
Civil Rights Jun. 29, 2000
Cochran v. NYP Holdings Inc.
Newspaper article stating that famous attorney will say or do just about anything to win, typically at expense of truth, is nondefamatory opinion.
Torts Jun. 29, 2000
Tosello v. United States
Extension of time to file tax refund claim does not change limitations period to challenge denial of refund.
Taxation Jun. 29, 2000
Coleman v. Calderon
It's not harmless error to instruct jury that sentence of life without possibility of parole may be commuted by governor to lesser sentence.
Criminal Law and Procedure Jun. 29, 2000
U.S. v. Depew
Thermal imaging of defendant's house does not constitute warrantless search.
Criminal Law and Procedure Jun. 29, 2000
Han v. Stanford University
Failure to include citations to record in appellate brief warrants dismissal.
Civil Procedure Jun. 29, 2000
U.S. v. Reeves
Evidence that informant provided reliable information for search warrant is sufficient to support probable cause, despite past unreliability.
Criminal Law and Procedure Jun. 29, 2000
Tedori v. United States
Interest on deferred tax liability related to interest charge domestic international sales corporation is not deductible as business expense or investment interest.
Taxation Jun. 29, 2000
Richards v. CH2M Hill, Inc
Continuing violation doctrine isn't viable when premised on series of discrete, discriminatory acts that were apparent before limitations period commenced.
Employment Law Jun. 29, 2000
Monegro v. Rosa
Action shouldn't be dismissed under forum non conveniens where there is no impediment to compulsory appearance of defendants in federal court.
Civil Procedure Jun. 29, 2000
Rostomian v. INS
Act of random violence during period of significant strife in homeland is insufficient for asylum applicant to establish fear of persecution.
Immigration Jun. 29, 2000
Fayeghi v. Commissioner of Internal Revenue
IRS may not be enjoined from collecting tax from individual based on income subject to deficiency proceeding of S corporation.
Taxation Jun. 29, 2000
Jones v. GNC Franchising Inc.
Forum selection clause in franchise agreement requiring adjudication of disputes between franchisor and franchisee in another state is unenforceable.
Business Law Jun. 29, 2000
99 Cents Only Stores v. WCAB
Non-attorney who represents injured employee at workers' compensation proceeding is not entitled to same fees as licensed attorneys.
Workers' Compensation Jun. 29, 2000
Waters v. WCAB
Repeated and continuous late payment of permanent disability benefits is unreasonable where delay is not result of human error.
Workers' Compensation Jun. 29, 2000
People v. Jenkins
Right to fair trial is not undermined by introduction of physical evidence where reliability of evidence is not questioned.
Criminal Law and Procedure Jun. 29, 2000