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Eddy Potash, Inc. v. Harrison
Order
Apr. 11, 1999
Reynolds v. CSX Transp., Inc.
Order
Apr. 11, 1999
Stewart v. Falcone
Order
Apr. 11, 1999
B.C. Rogers Processors v. BOC Group, Inc.
Order
Apr. 11, 1999
National Football League Properties Inc. v. Superior Court (Oakland Raiders)
Oakland Raiders aren't entitled to inspect National Football League Properties' attorney-client privileged documents.
Corporations Apr. 11, 1999
U.S. v. Dubose
Statute mandating restitution regardless of defendant's ability to pay is constitutional.
Criminal Law and Procedure Apr. 11, 1999
Marcu v. INS
State Department report rebuts presumed fear of persecution by documenting changes in home country.
Immigration Apr. 11, 1999
Ortega v. O'Connor
Extensive, warrantless search of public employee's office based on vague sexual harassment allegations is unreasonable.
Civil Rights Apr. 11, 1999
Gager v. United States
Discretionary function exception shields Postal Service from liability for decisions regarding mail bomb detection training.
Government Apr. 11, 1999
Bankruptcy of United Marine Shipbuilding Inc.
Government setoff rights aren't waived by mistaken disbursement of tax refund to bankruptcy trustee.
Bankruptcy Apr. 11, 1999
Estate of McClatchy v. Commissioner of Internal Revenue
Securities are valued for estate tax purposes based on value to decedent prior to death.
Taxation Apr. 11, 1999
Johnson on habeas corpus
Referee's findings rejecting claim of factual innocence are supported by substantial evidence.
Criminal Law and Procedure Apr. 11, 1999
Boyd v. Thompson
District court in habeas proceeding may raise procedural default in interest of comity, federalism and judicial efficiency.
Criminal Law and Procedure Apr. 11, 1999
Moyle v. Director, Office of Workers' Compensation Programs
Disability payments under Longshore and Harbor Workers' Compensation Act may be garnished for spousal support.
Workers' Compensation Apr. 11, 1999
U.S. v. Cuddy
Sentencing court may depart from law of the case if earlier finding was clearly erroneous.
Criminal Law and Procedure Apr. 11, 1999
Draper v. Coeur Rochester Inc.
Limitations period for constructive discharge runs from date of resignation if discrimination is continuous.
Civil Rights Apr. 11, 1999
U.S. v. Fitzgerald
Federal Employees Compensation Act requires total disability claimant to disclose employment information.
Criminal Law and Procedure Apr. 11, 1999
Sanchez v. Pacific Powder Co.
Age discrimination complaint received by Washington state agency deemed received by federal agency on same date.
Civil Rights Apr. 11, 1999
Stevenson v. Baum
Seller satisfies disclosure obligation by specifying in contract that transfer is subject to easements of record.
Real Property Apr. 11, 1999
People v. Bento
Court can't reconvene jury after juror expresses doubt if verdict has been read, affirmed, polled and recorded.
Criminal Law and Procedure Apr. 11, 1999
Johnson v. WCAB
Person determined to be qualified injured worker is entitled to rehabilitation benefits from date of application.
Workers' Compensation Apr. 11, 1999
Universal City Nissan Inc. v. Superior Court (Magdamo)
Superior court considering small claims appeal may grant affirmative relief to counterclaimant-appellant.
Civil Procedure Apr. 11, 1999
Usher v. County of Monterey
County is required to appoint administrative law judge to conduct proceedings determining disability retirement benefits.
Administrative Agencies Apr. 11, 1999
Stovall v. Andrews
Notice of tax lien need not be certified or acknowledged in order to be recorded.
Taxation Apr. 11, 1999
Leasure v. MSI Insurance Co.
Forgery of lienholders' signatures by policyholder is immaterial to claim and doesn't void policy.
Insurance Apr. 11, 1999
People v. Porter
Defendant's sentence can be enhanced for current conspiracy conviction if defendant 'substantially involved' in conspiracy.
Criminal Law and Procedure Apr. 11, 1999
Silva v. Lucky Stores Inc.
Employers only need to demonstrate reasonable belief and fair treatment, not actual misconduct to terminate worker.
Employment Law Apr. 11, 1999
People v. Aubrey
Three strikes law doesn't deprive trial court of discretion to grant probation to defendant with two strikes.
Criminal Law and Procedure Apr. 11, 1999
People v. Sims
Defendant using prior felony conviction to impeach prosecution witness can't introduce evidence of crime's details.
Criminal Law and Procedure Apr. 11, 1999
Zukle v. The Regents of the University of California
Order
Apr. 9, 1999