| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
96-50274
|
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 | |
|
96-50394
|
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 | |
|
91-50760, 92-50310, 92-50374 and 93-50694
|
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 | |
|
93-16627
|
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 | |
|
93-70369
|
Elramly v. INS
Statutory bar to judicial review of conviction-based deportation orders applies to Supreme Court pending cases. |
Immigration |
|
Jul. 3, 1999 | |
|
95-17193
|
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 | |
|
95-56170
|
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 | |
|
96-50279
|
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 | |
|
A077931
|
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 | |
|
C024268
|
Williams v. Saunders
Settlement cannot be enforced against party who doesn't participate in mediation or sign settlement agreement. |
Civil Procedure |
|
Jul. 3, 1999 | |
|
C022981
|
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 | |
|
H015958
|
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 | |
|
B103859
|
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 | |
|
B099780
|
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 | |
|
C022623
|
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 | |
|
A071451
|
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 | |
|
D021219
|
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 | |
|
B106923
|
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 | |
|
G020650
|
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 | |
|
96-55039
|
Bankruptcy of Yepremian
Deposition testimony of unrecorded joint venture doesn't establish priority of equitable interest over subsequent recording. |
Bankruptcy |
|
Jul. 3, 1999 | |
|
95-70681
|
Valderrama-Fonseca v. INS
Deportation order based on 1985 burglary conviction is subject to judicial review. |
Immigration |
|
Jul. 3, 1999 | |
|
94-10313, 94-10314 and 94-10400
|
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 | |
|
95-17319
|
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 | |
|
95-56632
|
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 | |
|
95-15533
|
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 | |
|
95-70887
|
Pitcherskaia v. INS
Alien seeking asylum for persecution fear need not prove persecutor has subjective intent to harm. |
Immigration |
|
Jul. 3, 1999 | |
|
96-55356
|
Bankruptcy of Figter Limited
Sole secured creditor can acquire majority of unsecured claims in order to defeat reorganization plan. |
Bankruptcy |
|
Jul. 3, 1999 | |
|
96-50128
|
U.S. v. Rios-Favela
Court cannot depart from Sentencing Guidelines based on facts underlying predicate offense. |
Criminal Law and Procedure |
|
Jul. 3, 1999 | |
|
95-36298
|
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 | |
|
95-1425 and 95-1460
|
Abrams v. Johnson
District court's redistricting plan eliminating two majority-Black districts in Georgia is constitutional. |
Government |
|
Jul. 3, 1999 |
