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Herbert v. United States (In re Herbert)
Fees and sanctions were limited where party failed to submit adequate proof of damages they incurred.
Bankruptcy Jun. 9, 2000
Smith v. Arizona State Land Department (In re: Garcia)
Land sale contract between debtors and Arizona state Land Department is an executory contract pursuant to Section 365.
Bankruptcy Jun. 9, 2000
U.S. v. Van Loben Sels
Sentence enhancement for repetitive contamination of environment is not precluded when contaminated wastewater is rendered not toxic.
Criminal Law and Procedure Jun. 9, 2000
U.S. v. Daas
Sale of over-the-counter medication mixed with listed chemicals, which is prohibited by federal statute, warrants conviction.
Criminal Law and Procedure Jun. 9, 2000
Walker v. State of California
Failure to make timely objection to cost award under Federal Rule of Civil Procedure 54(d)(1) waives right to challenge award.
Civil Procedure Jun. 9, 2000
Ding v. Commissioner of Internal Revenue
S corporations' pass-through items cannot be included in determining self-employment tax liability under Internal Revenue Code Section 1402(a).
Corporations Jun. 9, 2000
Pena v. Halpern (In re Halpern)
Undisclosed sale of partnership did not require finding of nondischargeability.
Bankruptcy Jun. 9, 2000
Giordano v. Opportunity Management Inc. (In re Giordano)
Court didn't abuse its discretion by converting Chapter 11 case where there was no reasonable likelihood of estate's rehabilitation.
Bankruptcy Jun. 9, 2000
California Coast Development Group Inc. v. Malloy (In re Royal Palms Retirement Center)
Default judgment should be vacated where no behavior occurred to satisfy the level of culpability required.
Bankruptcy Jun. 9, 2000
Coleman v. Belgrave Entertainment Associates (In re Coleman)
Collateral estoppel precludes relitigation of the issue of defalcation.
Bankruptcy Jun. 9, 2000
Kelly v. City of Oakland
Claim for quid pro quo sexual harassment supports same-sex harassment case filed before same-sex 'hostile environment' harassment was federally recognized.
Employment Law Jun. 9, 2000
Laborers Health and Welfare Trust Fund for Northern California v. Leslie G. Delbon Co. Inc.
Union's failure to challenge employer's termination of contribution to retirement plan entitles employer to conclude that union abandoned challenge and employer's obligation ended.
Labor Law Jun. 9, 2000
Association of Civilian Technicians v. Federal Labor Relations Authority
Under 1996 Department of Defense Appropriations Act, Department of Defense employees may not use official time to lobby.
Labor Law Jun. 9, 2000
U.S. v. Bahe
Court has authority to confine defendant to halfway house as condition of supervised release, even if not expressly provided for by federal sentencing statute.
Criminal Law and Procedure Jun. 9, 2000
U.S. v. Tank
Chat room log printouts concerning internet child pornography scheme is admissible when government can establish authenticity of printouts and connection to defendant.
Criminal Law and Procedure Jun. 9, 2000
U.S. v. Waites
Assimilative Crimes Act does not permit application of Oregon criminal trespass statute to conduct committed within U.S. post office.
Criminal Law and Procedure Jun. 9, 2000
U.S. v. Flores-Garcia
In prosecution for aiding or assisting inadmissible alien felon to enter United States, defendant's knowledge of alien's prior felony conviction isn't element of offense.
Immigration Jun. 9, 2000
McAlindin v. County of San Diego
Sleeping, engaging in sexual relations and social interactions are 'major life activities' within meaning of Americans with Disabilities Act.
Employment Law Jun. 9, 2000
Bankruptcy of Maruko
Co-owners who filed cancellation claims in Japanese proceedings are entitled to sale proceeds share.
Bankruptcy Jun. 9, 2000
Bankruptcy of Serrato
Trustee can recover equity value of quit claimed property under California fraudulent conveyance statutes.
Bankruptcy Jun. 9, 2000
Universal City Studios Credit Union v. Kogan (In re Ross)
Debtor's lack of fraudulent intent is supported by evidence that he provided the pink slips for the vehicles at issue.
Bankruptcy Jun. 9, 2000
Hill & Sanford v. Mirzai (In re Mirzai)
Fees can be denied to attorney who willfully failed to disclose connection with debtor, creditors and any other party in interest.
Bankruptcy Jun. 9, 2000
Adamian v. American Alliance Capital Group (In re Adamian)
Summary judgment is inappropriate where a genuine disputes exists as to whether Debtor complied with stipulated order.
Bankruptcy Jun. 9, 2000
Branam v. Crowder (In re Branam)
Where jury knew definition of willful, the verdict in prior proceeding also necessarily established final element of nondischargeability under Section 523(a)(6).
Bankruptcy Jun. 9, 2000
Cedic Development Company v. See ( In re Cedic Development Company)
Owner of tract of land adjacent to another tract doesn't have right to use field located on that tract.
Bankruptcy Jun. 9, 2000
County of Orange v. Mission Hospital Regional Medical Center (In re County of Orange)
Refunds on personal property taxes are permitted under Section 271(a)(3)
Bankruptcy Jun. 9, 2000
American Rivers v. Federal Energy Regulatory Commission
Environmental Impact Statement for hydropower project may use a 'no action' alternative to establish baseline environmental conditions for comparison with other alternatives.
Environmental Law Jun. 9, 2000
Bankruptcy of Bagne
Chapter 13 plan must provide market interest rate on debt secured solely by personal residence.
Bankruptcy Jun. 9, 2000
California Attorneys for Criminal Justice v. Butts
Officers aren't entitled to qualified immunity for following police policy of interrogating criminal suspects in disregard of their 'Miranda' rights.
Civil Rights Jun. 9, 2000
Bankruptcy of Sierra-Cal
Mandatory disallowance of claims applies in calculating hypothetical Chapter 7 liquidation under 'best interests test.'
Bankruptcy Jun. 8, 2000