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Name Category Published
Michael G., a Minor
Clear and convincing evidence is required for termination of parental rights under Indian Child Welfare Act. 		Native American Affairs May 24, 1999
Fretland v. County of Humboldt
Workers' compensation is exclusive remedy against employer for claim of assault by co-worker. 		Workers' Compensation May 24, 1999
U.S. v. Lin
Specific intent is required in the federal crimes of hostage-taking and making ransom demands. 		Criminal Law and Procedure May 24, 1999
Metro Display Advertising Inc. v. City of Victorville
No immunity against allegation that city pressed bus shelter contractor to remove ads based on content. 		Government May 24, 1999
U.S. v. Graves
Accessory after the fact to felon in possession of firearm must know of primary offender's felony. 		Criminal Law and Procedure May 24, 1999
U.S. v. Keys
Plain error review applies to jury instruction error regarding materiality element of perjury. 		Criminal Law and Procedure May 24, 1999
Jacobson v. Hughes Aircraft Co.
Applying correct standard, former employee's raise cognizable claims regarding employer's administration of ERISA plan. 		Labor Law May 24, 1999
U.S. v. Cordoba
Unstipulated polygraph evidence does not meet Daubert test for admission in evidence. 		Civil Procedure May 24, 1999
De Leon v. INS
Order 		May 24, 1999
People v. Quick
Drugs found during protective sweep of home inadmissible if search isn't supported by specific articulable facts. 		Criminal Law and Procedure May 24, 1999
Middletown Rancheria of Pomo Indians v. WCAB
Workers' Compensation Appeals Board doesn't have subject matter jurisdiction over federally recognized Indian tribe. 		Workers' Compensation May 24, 1999
First Fidelity Thrift & Loan Association v. Alliance Bank
Deed that is first of record, even though second in time, has priority. 		Real Property May 24, 1999
People v. Buena Vista Mines Inc.
Felony complaint for violation of Porter-Cologne Water Quality Control Act is reinstated after improper dismissal. 		Criminal Law and Procedure May 24, 1999
U.S. v. Barragan-Devis
Failure to inform defense counsel of juror's question during deliberations is harmless error. 		Criminal Law and Procedure May 24, 1999
Selam v. Warm Springs Tribal Correctional Facility
Witnesses failure to appear isn't violation of compulsory process where defendant failed to subpoena them. 		Criminal Law and Procedure May 24, 1999
People v. Williams
Once prior felony conviction allegations are found to be true, trial court cannot strike findings. 		Criminal Law and Procedure May 22, 1999
People v. Fashina
On-bail enhancement is justified if admitting the allegation is part of plea agreement. 		Criminal Law and Procedure May 22, 1999
Jerron West Inc. v. State of California State Board of Equalization
Tax Injunction Act divests court's jurisdiction in action to enjoin tax proceedings during related criminal case. 		Taxation May 22, 1999
People v. Melhado
Failure to instruct jury on unanimity is reversible error. 		Criminal Law and Procedure May 22, 1999
Langford v. Day
Order 		May 22, 1999
Calderon v. U.S. District Court (Taylor)
Court can allow habeas petitioner to delete unexhausted claims and hold petition pending state court litigation. 		Criminal Law and Procedure May 22, 1999
Arno v. Club Med Boutique Inc.
California rule applies to availability of tort plaintiff's attorney fees even though French law governs action. 		Torts May 22, 1999
Cabrera v. Cordis Corporation
Relevant but cumulative evidence can be excluded in products-liability action against medical implant device manufacturer. 		Torts May 22, 1999
Bonillas v. Hill
Double jeopardy isn't violated by resubmitting issue of degree of murder to undischarged jury. 		Criminal Law and Procedure May 22, 1999
United States v. Pend Oreille County Public Utility District No. 1
Value of tribe's property as part of utility project can be used to determine trespass damages. 		Environmental Law May 22, 1999
Toumajian v. Frailey
State-law accountant malpractice claim for bad advice about employee benefit plan isn't pre-empted by ERISA. 		Torts May 22, 1999
People v. O'Roark
Conviction sustained before offense was listed as serious may be strike if listed on June 30, 1993. 		Criminal Law and Procedure May 22, 1999
Calderon v. District Court (Ralph International Thomas)
District court may hold habeas corpus petition in abeyance while unexhausted claims are litigated in state court. 		Criminal Law and Procedure May 22, 1999
Arlington Investment Co. v. Tarcher
Lender isn't prohibited from maintaining negligent misrepresentation action against third party non-borrowers who induced loan. 		Banking May 22, 1999
Burlington Industries Inc. v. Ellerth
Employer is vicariously liable for supervisor's sexual advances, but has affirmative defenses. 		Civil Rights May 22, 1999
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