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Name Category Published
NM Univ. Bd. of Regents v. Cockrell
Order
Jun. 28, 1999
Bankruptcy of Consolidated Pioneer Mortgage
Complaint filed in bankruptcy court to re-address claims denied in state court is not viable.
Bankruptcy Jun. 28, 1999
Bankruptcy of Duvar Apt. Inc.
Creditor is entitled to relief from automatic stay if debtor files bankruptcy in bad faith.
Bankruptcy Jun. 28, 1999
Bankruptcy of Smith
Debtor has no right to jury trial in adversary proceeding against Internal Revenue Service.
Bankruptcy Jun. 28, 1999
Inter-Modal Rail Employees Association v. Atchison, Topeka & Santa Fe Railway Co.
ERISA provision covers interference with attainment of employees' vested pension rights, as well as welfare benefits.
Labor Law Jun. 28, 1999
Reno v. Bossier Parish School Board
Preclearance of voting changes cannot be denied solely because new procedure dilutes minority voting strength.
Government Jun. 28, 1999
Johnson v. United States
Trial court's decision to determine materiality instead of jury in perjury case isn't plain error.
Criminal Law and Procedure Jun. 28, 1999
Harbor Tug & Barge Co. v. Papai
Jones Act covers seamen facing regular exposure to perils of sea, not including injured deckhand.
Maritime Law Jun. 28, 1999
Ortolf v. Silver Mines Inc.
Supplemental jurisdiction in suit to enforce settlement requires reservation by district court in underlying action.
Civil Procedure Jun. 28, 1999
People v. Fitch
In sex offense case, government can introduce evidence of defendant's commission of prior sex offense.
Criminal Law and Procedure Jun. 28, 1999
Murphy v. Yale Materials Handling Corporation
Application of statute permitting sanctions for unsupported motion depends on date complaint originally filed.
Civil Procedure Jun. 28, 1999
People v. Gonzales
Order
Jun. 28, 1999
Professional Engineers Etc. v. Dept. of Transportation
Statute extending agency's authority to contract out temporary work does not violate civil service mandate.
Government Jun. 28, 1999
People v. Helms
Application of three strikes law to offense committed before its enactment violates ex post facto law.
Criminal Law and Procedure Jun. 28, 1999
People v. Lee
Order
Jun. 28, 1999
People v. Barrett
No mistake of law instruction necessary after defendant fails to show evidence warrants instruction.
Criminal Law and Procedure Jun. 28, 1999
Lunding v. NY Tax Appeals Tribunal
Certiorari granted
Jun. 28, 1999
Lexecon Inc. v. Milberg Weiss Bershad
Certiorari granted
Jun. 28, 1999
CRSS Commercial Group Inc. v. Toothman
Contractor isn't entitled to benefit of bargain damages for fraud and if no hiring obligation exists.
Contracts Jun. 28, 1999
Josh W., a Minor
Committing minor to juvenile hall until he identifies crime participants is reasonable condition of probation.
Juveniles Jun. 28, 1999
U.S. v. Scheffer
Certiorari granted
Jun. 28, 1999
People v. Lee
Instructing jury on incorrect theory to reduce killing from murder to manslaughter is harmful error.
Criminal Law and Procedure Jun. 28, 1999
People v. Short
Out-of-State conviction without elements of California offense cannot enhance sentence under 'One Strike' Law.
Criminal Law and Procedure Jun. 28, 1999
U.S. v. Asrar
Order
Jun. 27, 1999
Johnson v. United States
Certiorari granted
Jun. 27, 1999
People v. Superior Court of the State of California, County of San Luis Obispo
Statute permitting parties' stipulation to disqualify retired judge in criminal matter violates separation of powers.
Judges Jun. 27, 1999
People v. Conrad
Acting 'in concert' with enjoined abortion protesters requires defendants to have actual relationship with protesters.
Criminal Law and Procedure Jun. 27, 1999
Vomaska v. City of San Diego
Jury verdict rendered after taking straw vote without deliberation doesn't deprive plaintiffs of fair trial.
Civil Procedure Jun. 27, 1999
Catholic Social Services Inc. v. Reno
Retroactive amendment to Immigration Reform Act limiting judicial review bars pending challenge to amnesty program.
Immigration Jun. 26, 1999
Onofrio v. Rice
Court's finding defendant acted as real estate broker doesn't exempt him from statutes governing financial consultants.
Real Property Jun. 26, 1999