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Name Category Published
Nissel v. The Subscribing Underwriters at Lloyd's of London
No coverage under jeweler's block policy for theft of jewels from salesperson's unattended vehicle.
Insurance May 21, 1999
U.S. v. Sprague
Base offense level calculation for drugs requires excluding weight of materials removed to make product usable.
Criminal Law and Procedure May 21, 1999
U.S. v. Clavette
Defendant isn't entitled to jury trial for killing grizzly bear in violation of Endangered Species Act.
Criminal Law and Procedure May 21, 1999
United States v. Real Property
In civil forfeiture action against property, due process doesn't require owner actually receive notice of proceeding.
Civil Procedure May 21, 1999
Tyler v. Cisneros
Historic Preservation Act claims regarding federal housing funds after release, aren't barred by statute of limitations
Environmental Law May 21, 1999
Tucson Airport Authority v. General Dynamics Corp.
Administrative Procedure Act doesn't waive government's sovereign immunity for war contractor's suit under Contract Settlement Act.
Environmental Law May 21, 1999
U.S. v. Doe
Federal arson statute is violated when structural fire develops from smoldering paper ignited by juvenile.
Criminal Law and Procedure May 21, 1999
People for the Territory of Guam v. Veloria
Prosecutor's erroneous elicitation of testimony regarding defendant's invocation of right to remain silent doesn't require objection.
Criminal Law and Procedure May 21, 1999
Dodd v. Hood River County
Issues in state administrative and judicial proceedings preclude relief in parallel federal 'takings' claim.
Real Property May 21, 1999
Bankruptcy of Weisberg
Relief from automatic stay isn't required to liquidate stock pledged by debtor as 'margin loan' collateral.
Bankruptcy May 21, 1999
People v. James
Order
May 21, 1999
Cooper v. Pickett
Fraud liability is based on statements to analyst by corporate insiders with intent to reach market.
Securities May 21, 1999
Mach v. Stewart
Further court voir dire necessary to find if potential juror's prejudicial expert-like statements infected panel.
Criminal Law and Procedure May 21, 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 May 21, 1999
People v. Gokey
Separate sentence enhancements may be imposed for prior conviction and prior sentence relating to same offense.
Criminal Law and Procedure May 21, 1999
Wall v. Siegel
Partners' obligations to contribute toward partnership's liabilities are proportional to their respective entitlements to profits.
Corporations May 21, 1999
Goehring v. Superior Court (Bernier)
Personal jurisdiction over general partners depends upon each partner's individual conduct.
Civil Procedure May 21, 1999
People v. Barrajas
Diversion is available on same basis to those who attempt offense as those who complete it.
Criminal Law and Procedure May 21, 1999
Kevorkian v. Arnett
Order
May 21, 1999
San Paolo U.S. Holding Co. v. 816 South Figueroa Co.
'Fair value' following judicial foreclosure isn't reduced by impact of foreclosure or right of redemption.
Real Property May 21, 1999
People v. Gray
Arming enhancement applies even where gun and drugs are located in two different structures.
Criminal Law and Procedure May 21, 1999
McClune v. WCAB
Worker's Compensation Appeals Board doesn't exceed its power by taking additional evidence where there is conflict.
Workers' Compensation May 21, 1999
County of Los Angeles v. Warmoth
Default judgment in AFDC reimbursement action is set aside to permit defendant to disprove paternity.
Family Law May 21, 1999
Todd Shipyards Corp. v. Director, Office of Workers Compensation Programs
No setoff for amounts employee receives from third parties where disability results from two distinct injuries.
Workers' Compensation May 21, 1999
Fang v. United States
Discretionary function exception to FTCA doesn't shield emergency medical technician's failure to provide prescribed treatment.
Government May 21, 1999
U.S. v. Noushfar
Automatic reversal is required after deliberating jury listens to tapes not played in open court.
Criminal Law and Procedure May 21, 1999
Mockler v. Multnomah County
Employer doesn't have burden of proving that it took prompt and effective remedial measures.
Civil Rights May 21, 1999
Corrigan v. Bargala
Failure of clerk to enter separate judgment keeps notice of appeal time from running.
Civil Procedure May 21, 1999
U.S. v. Peterson
Prejudicial error occurs when prosecutor argues redacted statement by co-defendant refers to defendant.
Criminal Law and Procedure May 21, 1999
Federal Deposit Insurance Corp. v. Mahoney
Value of obligation that is contingent when receiver is appointed does not constitute 'rent' due.
Banking May 21, 1999