| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
B105801
|
People v. Bustamante
Misdemeanor statute is repealed by felony statute which covers all of the same prohibited conduct. |
Criminal Law and Procedure |
|
Jun. 12, 1999 | |
|
96-16736 and 19739
|
City and County of San Francisco v. Assessment Appeals Board for the City and County of San Francisco
Federal Reserve Board can remove local government's mandamus action concerning local property taxes against bank. |
Banking |
|
Jun. 12, 1999 | |
|
93-55947
|
United States v. $405,089.23
Large cash sum alone doesn't establish connection between money and illegal drug activity for forfeiture. |
Civil Procedure |
|
Jun. 12, 1999 | |
|
94-50305
|
U.S. v. Turman
Error isn't plain under federal criminal procedure rules unless obvious to judge at trial time. |
Criminal Law and Procedure |
|
Jun. 12, 1999 | |
|
96-10342
|
U.S. v. McGrew
Affidavit specifying criminal activity and evidence, referenced in search warrant must be attached when warrant executed. |
Criminal Law and Procedure |
|
Jun. 12, 1999 | |
|
96-50574
|
U.S. v. Aispuro
Convicted alien cannot compel attorney general to deport him. |
Criminal Law and Procedure |
|
Jun. 12, 1999 | |
|
A075990
|
People v. Putney
Sexually Violent Predators Act does not violate prohibitions against ex post facto laws. |
Criminal Law and Procedure |
|
Jun. 12, 1999 | |
|
97-35503
|
Alaska Center for the Environment v. Armbrister
Purpose and need for access to populated location supports construction of road through federal recreation area. |
Environmental Law |
|
Jun. 12, 1999 | |
|
95-36269
|
State of Alaska v. Suburban Propane Gas Corp.
Intervention motion by putative class member to appeal denial of class certification is timely. |
Civil Procedure |
|
Jun. 12, 1999 | |
|
95-56007
|
Campbell v. The Aerospace Corp.
Wrongful termination action isn't pre-empted by ERISA if punitive damages sought for losing retirement benefits. |
Employment Law |
|
Jun. 12, 1999 | |
|
96-16057
|
U.S. ex rel. Saaf v. Lehman Brothers
Qui tam plaintiff need not allege fraudulent concealment to actuate tolling under False Claims Act. |
Government |
|
Jun. 12, 1999 | |
|
B104532
|
International Medication Systems, Inc. v. Assessment Board of Los Angeles County
Assessment Appeals Board's failure to give 45 days' notice for hearing on reduction application voids judgment. |
Taxation |
|
Jun. 12, 1999 | |
|
96-70317
|
Vera-Valera v. INS
Maoist guerrilla group's death threats due to alien's role as business leader don't support asylum request. |
Immigration |
|
Jun. 12, 1999 | |
|
94-15768
|
Suitum v. Tahoe Regional Planning Agency
Order |
|
Jun. 12, 1999 | ||
|
96-16432 and 96-16443
|
Cabazon Band of Mission Indians v. Wilson
Tribes' agreement with state governing off-track horserace betting doesn't subject tribes to state gaming regulations. |
Native American Affairs |
|
Jun. 12, 1999 | |
|
96-55308
|
Continental Cablevision Inc. v. Poll
Decoder box manufacturer is liable to cable source provider but statutory damages are limited to $10,000. |
Government |
|
Jun. 12, 1999 | |
|
96-16729
|
Monterey Mechanical Co. v. Wilson
California's public contract ethnic and gender set-aside statute violates equal protection clause. |
Government |
|
Jun. 12, 1999 | |
|
95-70772
|
NLRB v. District Council of Iron Workers of the State of California and Vicinity
Absent agency relationship, non-signing local union isn't bound by collective bargaining agreement negotiated by other local's representative. |
Labor Law |
|
Jun. 12, 1999 | |
|
96-35398
|
Russell v. Gregoire
Registration and public notification provisions in 'Megan's Law' don't violate convicted sex offenders' constitutional rights. |
Prisoners Rights |
|
Jun. 12, 1999 | |
|
96-99006
|
Gallego v. McDaniel
Capital case's penalty instruction failing to state executive clemency remote for life sentence is constitutional error. |
Criminal Law and Procedure |
|
Jun. 12, 1999 | |
|
95-30378 and 95-30397
|
U.S. v. Croft
Government's refusal of transactional immunity for defense witness doesn't distort factfinding process if other immunity offered. |
Criminal Law and Procedure |
|
Jun. 12, 1999 | |
|
96-16976
|
Knox v. Southwest Airlines
Police have no immunity for trespass arrest of passenger, told to leave airport, who wants their identification. |
Civil Rights |
|
Jun. 12, 1999 | |
|
D022144
|
E. F. Brady Co. Inc. v. M. H. Golden Co.
Subcontractor hired by state selected contractor isn't protected by Subletting and Subcontracting Fair Practices Act. |
Government |
|
Jun. 12, 1999 | |
|
B104176
|
People v. Nelson
Court's withdrawal of confusing and inapplicable jury instruction during deliberations isn't prejudicial error. |
Criminal Law and Procedure |
|
Jun. 12, 1999 | |
|
B110876
|
Southern California Gas Co. v. California Occupational Safety and Health Appeals Board
Safety regulation relating to interstate natural gas pipelines is pre-empted by Natural Gas Pipeline Safety Act. |
Administrative Agencies |
|
Jun. 12, 1999 | |
|
B100236
|
CNA Insurance Co. v. Workers' Compensation Appeals Board
Workers' Compensation Appeals Board has jurisdiction to award benefits to worker previously compensated under Jones Act. |
Workers' Compensation |
|
Jun. 12, 1999 | |
|
B106212
|
Service Employees International Union, Local 620 v. City of Santa Barbara
Subsequent rescission election is permitted to rescind agency shop despite its creation by election. |
Labor Law |
|
Jun. 12, 1999 | |
|
B093696
|
Vu v. California Commerce Club Inc.
Breach of contract claim fails where premise of causation is speculative as a matter of law. |
Contracts |
|
Jun. 12, 1999 | |
|
96-35875
|
Bankruptcy of Rogstad
Creditor's failure to oppose cannot be sole basis to grant debtor's deficient summary judgment motion. |
Bankruptcy |
|
Jun. 12, 1999 | |
|
A073787
|
Creighton v. The Regents of the University of California
Limited offer of special incentives for early retirement can be withdrawn or altered before acceptance. |
Employment Law |
|
Jun. 12, 1999 |
