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Name Category Published
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
216 Sutter Bay Associates v. County of Sutter
Brown Act isn't violated by board of supervisors-members elect since law doesn't apply to them.
Government Jun. 15, 1999
Sullivan v. Delta Air Lines
Violation of the Alcohol and Drug Rehabilitation Act cannot support action for tortious wrongful termination.
Employment Law Jun. 15, 1999
Forty-Niner Truck Plaza Inc. v. Union Oil Co. of California
Statute governing gas station franchises isn't pre-empted by federal act when franchise sold to third party.
Contracts Jun. 15, 1999
People v. Crutcher
Defendant's contention of prejudice by prosecutor's dismissal of Hispanic jurors is rejected.
Criminal Law and Procedure Jun. 15, 1999
Abdirahman S., A Minor
No error in failure to consider issue of informal adjudication if juvenile doesn't request it.
Juveniles Jun. 15, 1999
Sunrise Retirement Villa v. Placer County Assessor
Error in change of ownership determination is correctable at any time, not subject to statute of limitations.
Taxation Jun. 15, 1999
Zavala v. Arce
Mother, whose child died in utero, has damages claim against doctor for direct victim emotional distress.
Torts 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
Chong v. Superior Court (HBZ Finance Ltd.)
Local proceedings must be stayed absent evidence foreign courts will not provide due process.
Civil Procedure Jun. 15, 1999