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Name Category Published
U.S. v. Schuman
Court's statements and government's objection should make defendant aware plea agreement might bar appeal right. 		Criminal Law and Procedure Jun. 15, 1999
Bankruptcy of Fisher
Express novation extinguishes creditor's fraud claim against debtor based on original contract. 		Bankruptcy Jun. 15, 1999
People v. Williams
No prejudicial errors are found in defendant's conviction and death sentence for gang-related murder. 		Criminal Law and Procedure Jun. 15, 1999
Private Industry Council of Southeast Los Angeles Inc. v. Employment Development Department
Agency directive, imposing one-year time limit for expenditure of federal funds, is invalid. 		Administrative Agencies Jun. 15, 1999
People v. Estrada
Trial court's erroneous jury instruction regarding special sentencing allegation for sex offense is harmless. 		Criminal Law and Procedure Jun. 15, 1999
People v. Smith
Negligence doesn't satisfy the mental state required for conviction of assault with a deadly weapon. 		Criminal Law and Procedure Jun. 15, 1999
Valley Title Co. v. San Jose Water Co.
Investor-owned public utility is immune from negligence suit for damages caused by fire service pipeline. 		Torts Jun. 15, 1999
Thompson v. Thames
Court can reserve jurisdiction to make all child support orders retroactive to the original hearing date. 		Family Law Jun. 15, 1999
Tsemetzin v. Coast Federal Savings and Loan Association
Termination of lease obligations of assignee has no legal impact on assignor's continuing lease obligations. 		Real Property Jun. 15, 1999
Gustafson v. Zolin
Driver safety officer letter stating suspension cannot be lifted, isn't 'determination' for purposes of attorney fees. 		Administrative Agencies Jun. 15, 1999
City of San Jose v. Carlson
Short-term users of city-owned facilities have taxable 'possessory interest' in facilities used multiple times. 		Taxation Jun. 15, 1999
People v. Henson
Three strike law's presentence credit limitation is applicable only to offenses which themselves carry life sentence. 		Criminal Law and Procedure Jun. 15, 1999
People v. Erickson
Expert testimony concerning battered defendant's mental state on night of crime is properly excluded from trial. 		Criminal Law and Procedure Jun. 15, 1999
Sharpe v. FDIC
Aggrieved party to FDIC-breached contract isn't subject to Financial Institutions Act's mandated claims process. 		Banking Jun. 15, 1999
Tokyo Kogyo Boeki Shokai v. United States National Bank of Oregon
Uniform Commercial Code provision allows subrogation only on letters of credits issued after Jan. 1, 1998. 		Business Law Jun. 15, 1999
Federal Deposit Insurance Corp. v. Garner
Subpoenas seeking documents from targeted bank directors' relatives must meet higher level of scrutiny. 		Banking Jun. 15, 1999
Bellus v. United States
Employer's liability for employment taxes is incurred when underlying wages are paid. 		Taxation Jun. 15, 1999
Wendt v. Host International Inc.
Actors have rights against unauthorized likeness use in promotional figures based on infringer's copyrighted characters. 		Intellectual Property Jun. 15, 1999
Aguilar v. Alexander
Defense attorney properly counsels for limited waiver of attorney-client privilege if otherwise defendant wouldn't testify. 		Criminal Law and Procedure Jun. 15, 1999
Chandler v. U.S. Army
Army cannot use tape recording of illegal telephone interception, or its fruits, to discipline soldier. 		Government Jun. 15, 1999
U.S. v. Sagg
Sexual Abuse Act's intentional touching refers to defendant's abusive sexual contact intent, not the victim's. 		Criminal Law and Procedure Jun. 15, 1999
Cadence Design Systems Inc. v. Avant! Corp.
Copyright infringement defendant cannot rebut presumption of irreparable harm by showing adequacy of money damages. 		Intellectual Property Jun. 15, 1999
Californians for Population Stabilization v. Hewlett-Packard Co.
Foreign company's employee practices do not violate statute prohibiting unfair competition or business practices. 		Labor Law Jun. 15, 1999
Koirala v. Thai Airways International Ltd.
Flight crew's failure to monitor navigational instruments is willful misconduct warranting lifting personal injury cap. 		Torts Jun. 15, 1999
Isreal v. Marshall
No due process violation by Corrections Department's failure to offer to pay for prisoner's transfer. 		Criminal Law and Procedure Jun. 15, 1999
Harris v. Roderick
'Special rules of engagement' based on federal agents' lies don't support qualified immunity for shooting suspect. 		Civil Rights Jun. 15, 1999
Industrial Truck Assoc. Inc. v. Henry
Occupational Safety and Health Act pre-empts California's toxic regulations for manufacturers not registered with federal agency. 		Environmental Law Jun. 15, 1999
U.S. v. Loyola-Dominguez
Trial court errs in failing to hold competency hearing for defendant who attempted suicide before trial. 		Criminal Law and Procedure Jun. 15, 1999
U.S. v. Baggett
Sentencing court must specify which restitution statute applies in sentencing order for telemarketing fraud conviction. 		Criminal Law and Procedure Jun. 15, 1999
Contra Costa Water District v. Vaquero Farms Inc.
Government can sever and reserve windpower rights to landowner after taking property by eminent domain. 		Real Property Jun. 15, 1999
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