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Name Category Published
Lynch v. San Francisco Housing Authority
Court's conclusion housing agency is arm of state, not subject to liability, is premature on demurrer.
Employment Law Jun. 26, 1999
Sylvia R., a Minor
Dismissal of father's spousal abuse charges doesn't warrant hearing to 'undo' termination of reunification services.
Juveniles Jun. 26, 1999
People v. Tate
Submitting false document showing defendant's completion of probationary conditions supports conviction for filing false instrument.
Criminal Law and Procedure Jun. 26, 1999
Newman v. Union Oil Company of California
Recording driver's license numbers on pre-printed credit card forms is prohibited except in limited circumstances.
Banking Jun. 26, 1999
Nidds v. Schindler Elevator Corp.
Employer's showing of sufficient evidence to warrant layoff permits summary judgment in wrongful termination action.
Employment Law Jun. 26, 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
Moore v. Glickman
Discharged federal employee's statutory right to judicial review under Administrative Procedure Act bars 'Bivens' action.
Employment Law Jun. 26, 1999
Delk v. Commissioner of Internal Revenue
Shareholders have loss for stock cancellation when new, reorganization shares are based on capital contribution.
Taxation Jun. 26, 1999
U.S. v. Wofford
Felon-in-possession doesn't have justification defense if last threat was five months before charged conduct.
Criminal Law and Procedure Jun. 26, 1999
U.S. v. Longoria
Defendant admitting facts supporting guilty plea doesn't satisfy requirement to advise of offense's elements.
Criminal Law and Procedure Jun. 26, 1999
Western Radio Services Co. Inc. v. Glickman
Government needn't conduct joint consideration of multiple permit applications for telecommunications facility on single site.
Administrative Agencies Jun. 26, 1999
Dearborn v. Mar Ship Operations Inc.
Contract operator's control over chartered public vessel's operation doesn't alter status as agent of United States.
Maritime Law Jun. 26, 1999
Powers v. Dickson, Carlson & Campillo
Arbitration provisions of retainer agreement are enforceable and applicable to legal malpractice action.
Attorneys Jun. 26, 1999
People v. Milton
Resentencing is required when record is silent on whether judge exercised discretion to strike prior convictions.
Criminal Law and Procedure Jun. 26, 1999
Schumacher v. Worcester
Time to file bond foreclosure complaint is extended for length of debtor's bankruptcy.
Real Property Jun. 26, 1999
Tietge v. Western Province of the Servites Inc.
Statute retroactively amending statute of limitations revives adults' suit against priest for molestations occurring during childhood.
Torts Jun. 26, 1999
People v. Trevino
No group bias if peremptory challenges are not based solely on group association.
Criminal Law and Procedure Jun. 26, 1999
V-1 Oil Co. v. Smith
Federal inspector has qualified immunity for seizing a railroad tank car violating hazardous materials regulations.
Government Jun. 26, 1999
U.S. v. Zelaya
Sentence enhancement for accomplice's death threat during robbery requires finding threat was reasonably foreseeable.
Criminal Law and Procedure Jun. 26, 1999
Johns v. County of San Diego
Non-attorney parent or guardian cannot bring action on behalf of minor child without retaining lawyer.
Civil Procedure Jun. 26, 1999
Beals v. Kiewit Pacific Co. Inc.
Labor Management Relations Act pre-empts breach claim of independent employment contract covered by collective bargaining agreement.
Labor Law Jun. 26, 1999
Abdel-Razek v. INS
No judicial review of deportation for criminal offense despite order's failure to specifically reference statute.
Immigration Jun. 26, 1999
General Commercial Packaging Inc. v. TPS Package Engineering Inc.
Contract limiting party's access to narrow market segment doesn't violate California prohibitions against trade restraints.
Contracts Jun. 26, 1999
Young v. Reno
Immigration and Nationality Act bars adopted child from conferring preferential status on natural siblings.
Immigration Jun. 26, 1999
Law v. General Motors Corp.
Boiler Inspection Act pre-empts state claims against railroad manufacturers for alleged train design defects.
Torts Jun. 26, 1999
U.S. v. Fonseca-Caro
Defendant is vicariously liable for gun use by co-conspirator despite law requiring defendant's active firearm employment.
Criminal Law and Procedure Jun. 26, 1999
Abromson v. American Pacific Corp.
Company's nondisclosure of early loan repayment's potential adverse effect is immaterial absent forcible repayment.
Securities Jun. 26, 1999
U.S. v. Jones
No requirement to use current Guidelines at resentencing and post-sentencing finances are usable to re-set fine.
Criminal Law and Procedure Jun. 26, 1999
U.S. v. Sablan
District court needn't gauge extent of departure from Sentencing Guidelines by analogy to other guidelines.
Criminal Law and Procedure Jun. 26, 1999
Bucholtz v. Belshe
California cannot recover Medi-Cal costs for decedents from beneficiaries of intervivos trusts.
Government Jun. 26, 1999