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Name Category Published
U.S. v. Garcia
Preponderance of evidence standard applies to subornation of witness perjury finding supporting obstruction of justice enhancement.
Criminal Law and Procedure May 21, 1999
Operating Engineers Health and Welfare Trust Fund v. JWJ Contracting Co.
ERISA doesn't pre-empt Arizona statute governing public contractor payment bonds and guarantees by third-party sureties.
Labor Law May 21, 1999
U.S. v. Sylve
Assimilative Crimes Act applies to state rehabilitation program of deferred prosecution resembling preconviction probation.
Criminal Law and Procedure May 21, 1999
Kockelman v. Segal
Health care providers aren't entitled to judgment in wrongful death action solely because decedent was outpatient.
Torts May 21, 1999
State of California v. Superior Court (Woosley)
Class in class action suit against DMV is limited to persons who file timely claims.
Civil Procedure May 21, 1999
Californians for Political Reform Foundation v. Fair Political Practices Commission
Fair Political Practices Commission regulations regarding political action committees don't conflict with Political Reform Act.
Government May 21, 1999
Chazen v. Centennial Bank
Plaintiff adequately states conversion claim against bank based on charges against account by loan broker.
Torts May 21, 1999
Lewis v. Superior Court (People)
Superior court clerk isn't empowered to decide whether or not an order is appealable.
Criminal Law and Procedure May 21, 1999
McManis v. The San Diego Postal Credit Union
In wrongful car repossession action, summary judgment for creditor not in compliance with law is error.
Contracts May 21, 1999
Mead v. Sanwa Bank of California
Landowners' deed of trust in favor of developer's construction lender makes them surety but doesn't prevent foreclosure.
Real Property May 21, 1999
People v. Bennett
Defendant's attorneys aren't incompetent for not challenging investigator's actions since motion wouldn't have been meritorious.
Criminal Law and Procedure May 21, 1999
El Paso Natural Gas Co. v. Neztsosie
Price-Anderson Act doesn't bar Tribal Court from determining its jurisdiction over member's personal injury claim.
Native American Affairs May 21, 1999
Richards v. Lloyd's of London
Antiwaiver provisions of securities acts don't void choice of law provisions in international insurance underwriting agreement.
Securities May 21, 1999
Norman-Bloodsaw v. Lawrence Berkeley Laboratory
Employer violates employee's right to privacy by non-consensually retrieving unrevealed medical information from routine health examination.
Employment Law May 21, 1999
People v. Hurd
No right to remain silent selectively, and such silence may be used for impeachment purposes.
Criminal Law and Procedure May 21, 1999
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