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Name Category Published
Hernandez v. Brooks
Order
Criminal Law and Procedure May 12, 1999
U.S. v. Omene
Court may require defendant to testify in narrative form regarding matters defense counsel deems perjurious.
Criminal Law and Procedure May 11, 1999
Elbert v. Howmedica Inc.
On motion for judgment following appellate decision excluding evidence, court must consider excluded evidence.
Civil Procedure May 11, 1999
Sousa v. Callahan
Disability claimant may show mental impairment would continue despite cessation of drug or alcohol abuse.
Administrative Agencies May 11, 1999
U.S. v. Hotal
Anticipatory search warrant must clearly and narrowly state conditions precedent to execution.
Criminal Law and Procedure May 11, 1999
Delew v. Wagner
Constitutional right of access to courts is denied if police conceal evidence relevant to private tort claim.
Civil Rights May 11, 1999
Baker v. Liberty Mutual Insurance Co.
Owner of rental car doesn't give implied permission for unlicensed minor to drive vehicle.
Torts May 11, 1999
Quevedo v. Trans-Pacific Shipping Inc.
Ship owner and charterer have no duty to warn stevedore of obvious unstable condition of pipe bundles.
Maritime Law May 11, 1999
U.S. v. G.L.
Upward departures based on property damage, inadequacy of punishment, and minor priors are abuses of discretion.
Juveniles May 11, 1999
Thomas v. Gomez
Court of appeals lacks jurisdiction over interlocutory appeal of qualified immunity ruling involving disputed material facts.
Prisoners Rights May 11, 1999
U.S. v. Riley
Determination of offense level for tax fraud can be based on loss intended by the defendant.
Criminal Law and Procedure May 11, 1999
People v. Doyle
Order
May 11, 1999
Duffield v. Robertson Stephens & Co.
Employer cannot require new hires to agree prospectively to compulsory arbitration of Title VII claims.
Civil Rights May 11, 1999
Idaho Sporting Congress v. Thomas
Forest Service must provide data showing proposed timber sale will not result in significant environmental impact.
Environmental Law May 11, 1999
Butler v. Apfel
Statute denying Social Security benefits to incarcerated prisoners is constitutional.
Administrative Agencies May 11, 1999
Bankruptcy of Sale Guaranty Corporation
Trustee can not use strong-arm powers to access property held in trust as part of a tax-deferred exchange.
Bankruptcy May 11, 1999
Los Carneros Community Associates Inc. v. Penfield & Smith Engineers Inc.
Defendants can't use Strategic Lawsuit Against Public Participation statute to avoid potential breach of contract liability.
Constitutional Law May 11, 1999
Weeks v. Baker & McKenzie
Employers needn't fire harassers, but must take reasonable steps to prevent harassment.
Employment Law May 11, 1999
Martinez v. Gomez
Limitations period on civil rights claim is tolled for prisoner serving life with possibility of parole.
Prisoners Rights May 11, 1999
U.S. v. Sanchez-Rodriguez
Order
May 11, 1999
Spencer v. Sterling Bank
Check indorsed with payee's signature and 'for deposit only' may be deposited to any person's account.
Banking May 11, 1999
United National Insurance Co. v. R & D Latex Corp.
District court must articulate reasons for exercising discretionary jurisdiction in declaratory judgment action.
Civil Procedure May 11, 1999
Steckman v. Hart Brewing Inc.
Securities registrant must disclose only known adverse trends from which material impact is reasonably expected.
Securities May 11, 1999
People v. Gray
Arming enhancement applies even where gun and drugs are located in two different structures.
Criminal Law and Procedure May 11, 1999
Andreini v. San Mateo County Superior Court (Maurilio Solorio)
Homeowners can be sued by employee of uninsured independent contractor injured while working on home.
Torts May 11, 1999
People v. Andres
Review granted
May 11, 1999
Canell v. Lightner
Correctional officer's evangelizing doesn't violate establishment clause or interfere with inmate's free exercise.
Prisoners Rights May 11, 1999
Landgate Inc. v. California Coastal Commission
Permit delay resulting from agency's mistaken assertion of jurisdiction isn't a 'temporary taking' requiring compensation.
Real Property May 11, 1999
People v. Orange County Superior Court (Donelson)
Petition for commitment as a Sexually Violent Predator wasn't invalid when filed while 'hold' on defendant's release.
Criminal Law and Procedure May 11, 1999
Solano v. Abrenica
Duty owed where tennis player no longer participating in tennis activity struck by ball.
Torts May 11, 1999