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Name Category Published
U.S. v. Albers
Houseboat falls within vehicle exception to Fourth Amendment's warrant requirement.
Criminal Law and Procedure Jun. 4, 1999
Estate of Rapp v. Commissioner of Internal Revenue
Reformation of will creating qualified terminable interest property trust lacks binding effect to determine federal taxes.
Taxation Jun. 4, 1999
Professional Engineers in California Government v. Wilson
Use of funds from State Highway Account as reimbursement for rail bond payments is proper.
Government Jun. 4, 1999
Rinaker v. Superior Court (People)
Confidentiality provision yields to minor's constitutional right to effective impeachment of adverse witnesses.
Juveniles Jun. 4, 1999
Bowers v. Superior Court of Nevada County (People)
All purpose assignment rule renders judicial challenge in superior court untimely.
Criminal Law and Procedure Jun. 4, 1999
People v. Evans
Failure to give jury instructions on defendant's right to not testify is error.
Criminal Law and Procedure Jun. 4, 1999
Milagra Ridge Partners Ltd. v. City of Pacifica
Claim fails under ripeness doctrine when zoning designations leave property use speculative.
Real Property Jun. 4, 1999
People v. Ruiz
Evidence of gang membership is admissible to prove bias if the prejudicial impact is minimal.
Criminal Law and Procedure Jun. 4, 1999
RTC Mortgage Trust 1994-S2 v. Shlens
Exculpatory agreement is invalid when it isn't approved by bank directors or recorded.
Banking Jun. 4, 1999
Cairns v. County of Los Angeles
Public entity is liable for failure to provide fire protection facilities only when authorized by statute.
Government Jun. 4, 1999
Charles E. Thomas Co. v. Transamerica Insurance Group
Insurance company has duty to defend policyholder when any issue falls potentially within policy coverage.
Insurance Jun. 4, 1999
Block v. The Superior Court (Downey)
Good cause release orders for inmates can only be issued under exceptional circumstances.
Criminal Law and Procedure Jun. 4, 1999
Banner Entertainment Inc. v. Superior Court (Alchemy Filmworks Inc.)
Arbitration agreements created by oral contract or past behavior must be evidenced to be enforced.
Contracts Jun. 4, 1999
Rinaldi Convalescent Hospital v. State Dept. of Health Services
Expenses of doctor-prescribed, medically necessary adult diapers are deducted from nursing facility's patients' costs.
Government Jun. 4, 1999
Hetzel v. Prince William County, Virginia
Judgment entered for lesser amount than determined by jury without allowing new trial violates Seventh Amendment.
Civil Procedure Jun. 4, 1999
People v. Bautista
Evidence of controlled substance use within specific time period preceding arrest isn't required in jury instruction.
Criminal Law and Procedure Jun. 4, 1999
Kidd v. State of California
Disregarding test scores in hiring for affirmative action purposes contrary to California Constitution and statutes.
Civil Rights Jun. 4, 1999
Randall v. Orange County Council
Boy Scout's membership decisions are not subject to provisions of Unruh Civil Rights Act.
Civil Rights Jun. 4, 1999
National Medical Transportation Network v. Deloitte & Touche
Incorrect jury instruction on standard governing accountants' resignation from professional engagement is reversible error.
Torts Jun. 4, 1999
Tiano v. Dillard Department Stores Inc.
Prima facie religious discrimination case fails where temporal mandate for pilgrimage during holiday isn't established.
Civil Rights Jun. 4, 1999
Pareto v. Federal Deposit Insurance
Only The Federal Deposit Insurance Corporation can bring derivative suits when receiver of a bank.
Corporations Jun. 4, 1999
U.S. v. James
Defendant's absence at teleconference isn't prejudicial if no evidence exists that disputed facts were discussed.
Criminal Law and Procedure Jun. 4, 1999
Allen v. Hall
Order
Jun. 4, 1999
Nynex Corp. v. Discon, Inc.
Order
Jun. 4, 1999
Knowles v. Iowa
Order
Jun. 4, 1999
U.S. v. Brinton
Quantity of methamphetamine is properly considered in sentencing for possession with intent to distribute narcotics.
Criminal Law and Procedure Jun. 4, 1999
Hoefler v. Babbitt
Interior Department isn't required to refer title dispute for public land mining claim to district court.
Administrative Agencies Jun. 4, 1999
Williams v. Borg
Defendant's testimony can be stricken from record for refusal to answer questions on cross-examination.
Criminal Law and Procedure Jun. 4, 1999
Alexander v. Glickman
Vehicle subject to lien exceeding fair market value constitutes asset of family applying for food stamps.
Government Jun. 4, 1999
United States v. $133,735.30 Seized from U.S. Bancorp Brokerage Account No. 32130630
Government sufficiently disgorges benefit derived from holding improperly seized funds by paying accrued interest.
Civil Procedure Jun. 4, 1999