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Name Category Published
In re Sanchez
Courts lack authority under Election Act to issue subpoenas in blank or for document production only.
Government Jul. 8, 1999
Hosking v. Carrier Corporation et al.
Despite voluntary dismissal of action,defendant is entitled to attorney feesunder terms of contract.
Civil Procedure Jul. 8, 1999
Burlington Northern Railroad Co. v. Wolf
District court cannot enjoin enforcement of tribal court's judgment before debtor exhausts tribal remedies.
Native American Affairs Jul. 8, 1999
City of Los Angeles v. United States Department of Agriculture
Utility company's economic interests in project negates standing to sue under National Environmental Policy Act.
Environmental Law Jul. 8, 1999
Mitchell v. Prunty
Gang membership and crime scene presence don't support aiding and abetting gang-related murder conviction.
Criminal Law and Procedure Jul. 8, 1999
People v. Soto
Claims of sentencing error are waived if specific objections aren't made at time of hearing.
Criminal Law and Procedure Jul. 8, 1999
Pham v. Nguyen
Continuance requests stipulated to by both parties are encouraged to be granted despite not warranted here.
Civil Procedure Jul. 8, 1999
Los Angeles Lincoln Place Investors Ltd. v. City of Los Angeles
Ellis Act pre-empts city's requirement for owner to exit rental business to obtain demolition permit.
Real Property Jul. 8, 1999
International Fire & Marine Ins. Co. v. Silver Star Shipping America Inc.
Signed bill of lading is unnecessary if fair opportunity to opt out of liability exists.
Maritime Law Jul. 8, 1999
People v. Nichols
Court isn't required to instruct on the power of jury nullification, even if jury asks.
Criminal Law and Procedure Jul. 8, 1999
Kensington University v. Council for Private Postsecondary and Vocational Education
Private school council's procedures used to deny application to operate degree program don't violate due process.
Education Jul. 8, 1999
People v. Crone
Failure to instruct on significance of reasonable doubt in choice between greater and lesser offenses is harmless.
Criminal Law and Procedure Jul. 8, 1999
Davidon Homes v. City of San Jose
City's determination ordinance is exempt from California Environmental Quality Act must be supported by evidence.
Environmental Law Jul. 8, 1999
Chroma Lighting v. GTE Products Corp.
In price-discrimination action, competition injury is conclusively established by proof of individual competitor's injury.
Antitrust Jul. 8, 1999
Alexis M., a Minor
Father convicted of murdering son need not be offered reunification services with surviving daughter.
Juveniles Jul. 7, 1999
Parker v. United States
Beneficiaries' identity doesn't allow IRS' retention of trust's overpayment based on time-barred assessment against estate.
Taxation Jul. 7, 1999
U.S. v. Hernandez
Felon firearm conviction is overturned after admission of unredacted felony judgment despite stipulation offer.
Criminal Law and Procedure Jul. 7, 1999
U.S. v. Sotelo
Defendant's belief in sole allegiance to U.S. doesn't establish 'national' status as opposed to alien status.
Criminal Law and Procedure Jul. 7, 1999
People v. Woodell
Trial court can consider appellate record in determining existence and nature of defendant's prior conviction.
Criminal Law and Procedure Jul. 7, 1999
Ferguson v. Commissioner of Internal Revenue Service.
Plaintiff's gain in appreciated stock later transferred to charitable organizations is taxable income under anticipatory assignment of income doctrine.
Taxation Jul. 7, 1999
Hart v. Gomez
Failure of defense attorney to introduce records corroborating possible biased defense witness' uncorroborated testimony is ineffective assistance of counsel.
Criminal Law and Procedure Jul. 7, 1999
Michelson v. Camp
Lenders' full credit foreclosure sale bid in excess of loan related damages precludes recovery in tort.
Real Property Jul. 7, 1999
Hill v. City of Fresno
Developer's suit challenging water fees is improperly dismissed under general statute, since special statute only applies to agency decisions.
Real Property Jul. 7, 1999
Cybermedia Inc. v. Superior Court (Brown)
Where general notice is insufficient, peremptory challenge against newly assigned judge, filed within 15 days of actual notice, is proper.
Judges Jul. 7, 1999
TwoRivers v. Lewis
State law regarding retroactive application of amended statute doesn't apply even if state limitation period is adopted in federal civil rights claim.
Civil Procedure Jul. 7, 1999
Minnesota Mutual Life Insurance Co. v. Ensley
Proceeds from term life insurance are either community or separate property depending on who paid the premium during final term.
Insurance Jul. 7, 1999
United States v. Alpine Land & Reservoir Co.
District court has exclusive jurisdiction over appeal regarding water rights adjudicated under its decrees and can enjoin state court proceeding.
Environmental Law Jul. 7, 1999
Gonzalez v. Metropolitan Transportation Authority
When it's unclear whether employees challenging urine tests perform work that risks public safety, dismissal of complaint is improper.
Constitutional Law Jul. 7, 1999
Johnson v. Gila River Indian Community
Tribal court litigant doesn't have to exhaust tribal court remedies before filing in federal court when tribal court fails to rule.
Native American Affairs Jul. 7, 1999
Brookfield Communications Inc. v. West Coast Entertainment Corp.
Federal trademark and unfair competition law can bar video rental chain from using trademark of entertainment-based company in its website's domain name.
Intellectual Property Jul. 7, 1999