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Name Category Published
U.S. v. Gutierrez
Federal prisoner cannot avoid successive motions prohibition by seeking statutory clarification of plea agreement.
Criminal Law and Procedure Jul. 3, 1999
U.S. v. Noriega-Sarabia
Technical defect from surety's insufficient net worth cannot serve to void bond and release surety.
Criminal Law and Procedure Jul. 3, 1999
U.S. v. Nash
In prosecution for submitting false documents to federally-insured lending institutions, materiality of statements needn't be proved.
Criminal Law and Procedure Jul. 3, 1999
Pacesetter Construction Co. Inc. v. Carpenters 46 Northern California Counties Conference Board
Arbitrator can determine arbitrability of dispute between union and contractor absent contractor preserving jurisdiction objection.
Labor Law Jul. 3, 1999
Elramly v. INS
Statutory bar to judicial review of conviction-based deportation orders applies to Supreme Court pending cases.
Immigration Jul. 3, 1999
United Transportation Union v. Union Pacific Railroad Co.
Public policy doesn't prohibit reinstatement of railroad employee who merely tests positive for drugs.
Labor Law Jul. 3, 1999
U.S. v. $49,576 U.S. Currency
No civil forfeiture after drug-detecting dog alerts to bag of suspicious airline passenger fitting profile.
Civil Procedure Jul. 3, 1999
U.S. v. Ooley
Warrantless search of probationer's home is valid only if it is probationary search, not investigative.
Criminal Law and Procedure Jul. 3, 1999
Nielsen v. Superior Court (People)
Defendant is not entitled to privileged, psychiatric records of co-defendant, who is not government witness.
Criminal Law and Procedure Jul. 3, 1999
Williams v. Saunders
Settlement cannot be enforced against party who doesn't participate in mediation or sign settlement agreement.
Civil Procedure Jul. 3, 1999
Mathew Zaheri Corp. v. New Motor Vehicle Board (Mitsubishi Motor Sales of America Inc.)
Undisclosed communication between defendant's counsel and administrative law judge doesn't deprive plaintiff of fair trial.
Administrative Agencies Jul. 3, 1999
Reid v. Superior Court (People)
Court cannot prohibit defendant from directly contacting rape victims during preparation of defense.
Criminal Law and Procedure Jul. 3, 1999
Midas Recovery Services Inc. v. WCAB
Lien claimant is entitled to reimbursement for actual disability payments made to injured worker.
Workers' Compensation Jul. 3, 1999
People v. Hooker
No suppression absent showing defendant's confession is product of third party's involuntary admission.
Criminal Law and Procedure Jul. 3, 1999
Motorola Communication and Electronics Inc. v. Dept. of General Services
No attorney fees if agency makes timely efforts to respond to party's vague document request.
Government Jul. 3, 1999
Pillsbury, Madison & Sutro v. Schectman
Documents improperly removed from law firm's office for use in litigation violates firm's ownership interest.
Civil Procedure Jul. 3, 1999
Weikel v. TCW Realty Fund II Holding Co.
Doctrine of res judicata bars second action by shopping center owner against neighbor over boundary property.
Real Property Jul. 3, 1999
Gilbert v. National Enquirer Inc.
National Enquirer isn't prevailing party entitled to fees and costs after actress' voluntary dismissal of complaint.
Torts Jul. 3, 1999
Lu v. Superior Court (Grand Lincoln Village Homeowner Assoc.)
Court has authority to appoint discovery referee in complex litigation involving construction defects in condominiums.
Civil Procedure Jul. 3, 1999
Bankruptcy of Yepremian
Deposition testimony of unrecorded joint venture doesn't establish priority of equitable interest over subsequent recording.
Bankruptcy Jul. 3, 1999
Valderrama-Fonseca v. INS
Deportation order based on 1985 burglary conviction is subject to judicial review.
Immigration Jul. 3, 1999
U.S. v. Perez
Invited error doctrine doesn't apply to defendant's unintentional relinquishment of right to correct jury instructions.
Criminal Law and Procedure Jul. 3, 1999
Turk v. White
Despite invalidity of conviction and life sentence, statute using prisoner's status to define offense is rational.
Criminal Law and Procedure Jul. 3, 1999
Astaire v. Best Film & Video Corp.
Videotape manufacturer can use deceased entertainer's movie clips for internal advertising of instructional videotapes.
Intellectual Property Jul. 3, 1999
Hyland v. Wonder
Officials aren't entitled to qualified immunity since government volunteer cannot be fired in retaliation for speech.
Employment Law Jul. 3, 1999
Pitcherskaia v. INS
Alien seeking asylum for persecution fear need not prove persecutor has subjective intent to harm.
Immigration Jul. 3, 1999
Bankruptcy of Figter Limited
Sole secured creditor can acquire majority of unsecured claims in order to defeat reorganization plan.
Bankruptcy Jul. 3, 1999
U.S. v. Rios-Favela
Court cannot depart from Sentencing Guidelines based on facts underlying predicate offense.
Criminal Law and Procedure Jul. 3, 1999
Nathan v. Boeing Co.
In diversity action, federal law governs district court's evaluation of cause challenges in selecting jurors.
Civil Procedure Jul. 3, 1999
Abrams v. Johnson
District court's redistricting plan eliminating two majority-Black districts in Georgia is constitutional.
Government Jul. 3, 1999