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People v. Superior Court (Johannes)
Under the Sexually Violent Predator Act, crimes against children under 14 need not be committed with force to satisfy statute.
Criminal Law and Procedure Apr. 14, 1999
U.S. v. Rodriguez-Moreno
Federal firearms statute violations can be prosecuted in any district where the crime of violence occurs.
Criminal Law and Procedure Apr. 14, 1999
U.S. v. Cruz-Mendoza
Order
Apr. 13, 1999
Humana Inc. v. Forsyth
Where application of federal law doesn't conflict with state policy, federal action isn't barred by McCarran-Ferguson Act.
Insurance Apr. 13, 1999
U.S. v. Yossunthorn
Attempted possession with intent to distribute heroin not substantiated absent evidence of substantial step toward possession of the heroin.
Criminal Law and Procedure Apr. 13, 1999
Kumho Tire Co. v. Carmichael
'Gatekeeping' obligation of evidentiary rule applies not just to 'scientific' testimony, but to all expert testimony.
Civil Procedure Apr. 13, 1999
Bankruptcy of American Eagle Mfg. Inc.
Chapter 7 trustee is properly certified pursuant to 11 U.S.C. Section 702 after a disputed creditor election.
Bankruptcy Apr. 13, 1999
Wright v. Maddox
Prejudicial error occurs when prosecutor calls unsworn witness to elicit his refusal to testify and then elicits double hearsay that defendant threatened witness.
Criminal Law and Procedure Apr. 13, 1999
Mitchell v. U.S.
Defendant who pleads guilty at trial doesn't waive right to remain silent at sentencing.
Criminal Law and Procedure Apr. 13, 1999
Drain v. Betz Laboratories Inc.
Discrimination claim is barred by assertions of total disability when applying for workers' compensation benefits.
Civil Rights Apr. 13, 1999
United States v. Northrop Corp.
Qui tam relator loses standing and can't proceed with action after government settles.
Government Apr. 13, 1999
Michigan v. United States
Certiorari granted
Apr. 13, 1999
MI Dept. of Environmental Quality v. Bestfoods
Order
Apr. 13, 1999
Donahey v. Livingstone
Certiorari granted
Apr. 13, 1999
Peterson v. Highland Music Inc.
Music composer may rescind 30 year old royalty contract for breach of continuing payment obligation.
Intellectual Property Apr. 13, 1999
Parrino v. FHP Inc.
Employee Retirement Income Security Act pre-empts state law claims regarding health plan's claims procedures.
Labor Law Apr. 13, 1999
Exxess Electronixx v. Heger Realty Corp.
Real estate broker isn't entitled to attorney fees in action regarding commercial lease that was dismissed.
Contracts Apr. 13, 1999
Quemetco, Inc. v. Superior Court (Houston General Insurance Co.)
Review granted
Apr. 13, 1999
Norco Delivery Service Inc. v. Owens-Corning Fiberglas Inc.
Court approving good faith settlement may dismiss 'direct' claims that are artfully pleaded claims for indemnity or contribution.
Civil Procedure Apr. 13, 1999
Rivers v. The Walt Disney Company
Staying proceedings in class action pending outcome of motion to consolidate serves judicial economy interests.
Civil Procedure Apr. 13, 1999
Bank of America Natl. Trust v. 203 N. LaSalle St. Partners
Equity holders may not, over objection, contribute new capital in exchange for ownership in a reorganized entity.
Bankruptcy Apr. 13, 1999
Bankruptcy of Gardenhire
Equitable tolling leads to finding that claim of government unit is timely in reinstated bankruptcy case.
Bankruptcy Apr. 13, 1999
Bankruptcy of Walsh
Section 362(h) authorizes award of reasonable appellate attorney fees resulting from willful violation of stay.
Bankruptcy Apr. 13, 1999
Haddle v. Garrison
Certiorari granted
Apr. 13, 1999
Bankruptcy of Cardinalli
Retroactive approval of employment and compensation to attorney for Chapter 7 trustee is not allowed.
Bankruptcy Apr. 13, 1999
People v. Bradley
Court's failure to impose or strike prior prison term enhancement leads to legally unauthorized sentence.
Criminal Law and Procedure Apr. 13, 1999
Exeter Memorial Hospital Assn. v. Belshe
Amendments to Medicare plans implemented prior to enactment of 1997 Medicare amendment require federal approval.
Administrative Agencies Apr. 13, 1999
Bankruptcy of Gardenhire
Order
Apr. 13, 1999
People v. Sinclair
Defendant isn't entitled to manslaughter instruction in absence of evidence indicting passion or imperfect self-defense.
Criminal Law and Procedure Apr. 13, 1999
Glasser v. Glasser
Appeal is dismissed as untimely based on trial court's finding regarding date of service of judgment.
Civil Procedure Apr. 13, 1999