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U.S. v. Standard
In computing base offense level for tax fraud conviction, court must consider what portion of $1.7 million tax deduction was improperly claimed.
Criminal Law and Procedure Jun. 2, 2000
Reese v. Jefferson School District No. 14J
In civil rights case against school, female student must show that school officials knew she was being harassed by male students.
Civil Rights Jun. 2, 2000
Sigman v. United States
Federal government may be sued for negligence for giving killer, who was known to be dangerous, honorable discharge from military.
Government Jun. 2, 2000
SEC v. Nite
SEC isn't entitled to summary judgment in fraud action, where pro se defendant had insufficient notice of requirements for opposing summary judgment.
Securities Jun. 2, 2000
Loyd v. Paine Webber Inc.
Trustee of 'sham' corporation has standing to sue corporate attorneys for legal malpractice.
Corporations Jun. 2, 2000
Stewart v. Thorpe Holding Company Profit Sharing Plan
Former spouse has standing to sue ERISA plan for her share of benefits, even without qualified domestic relations order.
Family Law Jun. 2, 2000
Perez-Lastor v. INS
In deportation proceeding, asylum applicant is denied due process when translator does not accurately communicate immigration judge's questions.
Immigration Jun. 2, 2000
County of Orange v. Superior Court (Wu)
Civil discovery order doesn't allow criminal investigations discovery unless benefit outweighs need for confidentiality.
Civil Procedure Jun. 2, 2000
Hatch v. Superior Court (People)
Prosecution need not establish that victims are under 14 in prosecution for attempted lewd act on minor under 14.
Criminal Law and Procedure Jun. 2, 2000
Valencia v. Michaud
Landlord has duty to protect tenants' daughter from violent attack, by another tenant's son, that occurs on apartment building's premises.
Torts Jun. 2, 2000
U.S. v. Coleman
Failure to show defendant 'knowingly' aided and abetted co-conspirators in armed bank robbery, precludes defendant from being convicted for armed robbery.
Criminal Law and Procedure Jun. 2, 2000
Klem v. County of Santa Clara
Employer who fails to pay employees overtime compensation, may not remedy its actions by asserting 'window of correction' rule.
Employment Law Jun. 2, 2000
U.S. v. Wilkerson
Judge's criticism of prosecutor's charging decision, which may have led to subsequent charging of that offense, doesn't violate separation of powers.
Criminal Law and Procedure Jun. 2, 2000
Yazitchian v. INS
Form of extortion by government entity is sufficient to support presumption of well-founded fear of future persecution.
Immigration Jun. 2, 2000
In re Locks
Defendant, in treatment for insanity, isn't entitled to hearing that determines his competence to refuse medication.
Criminal Law and Procedure Jun. 2, 2000
U.S. v. Chang
Sentencing must not exceed statutory maximum.
Criminal Law and Procedure Jun. 2, 2000
NLRB v. Advanced Stretchforming International Inc.
Successor employer must bargain collectively before imposing terms when it hires its initial workers entirely from represented unit.
Labor Law Jun. 2, 2000
Cimarusti v. Superior Court (Dept. of Youth Authority)
Only juvenile court may compel production of certain juvenile records as requested by youth correctional officers challenging their employment termination.
Juveniles Jun. 2, 2000
Community Care and Rehabilitation Center v. Superior Court (Grood)
Rules pertaining to punitive damages in medical malpractice actions also apply to wrongful death claim couched in terms of elder abuse.
Torts Jun. 2, 2000
Rice v. Cayetano
Order
Jun. 2, 2000
Rutledge v. Seyfarth, Shaw, Fairweather & Geraldson
Court abuses discretion in awarding attorney fees when ERISA case should have been removed to federal court.
Employment Law Jun. 2, 2000
Khourassany v. INS
After deportation proceedings are finalized, asylum applicant's claims under Convention on Torture must be brought as motion to reopen.
Immigration Jun. 2, 2000
People v. Douglas
Obtaining health care benefits through false declarations may be sentenced as felony or misdemeanor.
Criminal Law and Procedure Jun. 2, 2000
Bethel Native Corp. v. Dept. of Interior
When party files Federal Tort Claims Act against United States and United States files third-party action against state, state isn't immunized.
Government Jun. 2, 2000
Duncan v. Northwest Airlines Inc.
Class-action tort suit, challenging airline's smoking policy, is not pre-empted by federal statute.
Employment Law Jun. 2, 2000
Balcorta v. Twentieth Century-Fox Film Corp.
Labor Management Relations Act Section 301 doesn't completely pre-empt California Labor Code Section 201.5.
Labor Law Jun. 2, 2000
Alvarez v. State of California
State's design immunity is defeated if design produces dangerous condition under changed physical conditions.
Torts Jun. 2, 2000
U.S. v. Chacon-Palomares
Petition for post-conviction relief may not be denied without first conducting evidentiary hearing.
Criminal Law and Procedure Jun. 2, 2000
Ohler v. United States
Defendant who pre-emptively introduces evidence of prior conviction on direct examination may not challenge its admission on appeal.
Criminal Law and Procedure Jun. 1, 2000
Vermont Agency of Natural Resources v. United States (Stevens)
False Claims Act does not subject state or state agency to liability in suit by private individual on behalf of federal government.
Government Jun. 1, 2000