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Name Category Published
Enea v. Coldwell Banker/Del Monte Realty
Listing broker need not split commission with buyer's broker absent agreement. 		Bankruptcy Apr. 29, 1999
Estate of Etta Kee v. U.S.
Under Tort Claims Act, government liability is determined by factual, not legal, liability of immune employee. 		Government Apr. 29, 1999
U.S.A. v. Mussari
Order 		Apr. 29, 1999
Delgado v. Lewis
Defendant denied right to effective counsel when appellate attorney files 'no merit' brief that fails to raise any arguable issues. 		Criminal Law and Procedure Apr. 29, 1999
U.S. v. Vences
District court's failure to state reasons for sentence doesn't render it 'illegal sentence' that is appealable, despite defendant's waiver of appeal right. 		Criminal Law and Procedure Apr. 29, 1999
Silva v. Rotkin
One year limitations period under Tort Claims Act applies to actions under federal civil rights statute. 		Torts Apr. 29, 1999
Poland v. Stewart
Appellate counsel's failure to raise claim doesn't constitute 'cause' excusing procedural default. 		Criminal Law and Procedure Apr. 29, 1999
Jerezano v. Immigration and Naturalization Service
Immigration judge's refusal to reopen or continue a hearing, after petitioner arrived late, violates due process. 		Immigration Apr. 29, 1999
Duhagon v. Metropolitan Stevedore Co.
Denial of permanent disability benefits properly based upon unequivocal physician's testimony despite statutory presumption of causation. 		Workers' Compensation Apr. 29, 1999
Cacique Inc. v. Robert Reiser & Co.
Reasonable royalty can only be recovered in trade secret suits when both actual damages and unjust enrichment can't be proven. 		Intellectual Property Apr. 29, 1999
Memmer v. Marin County Courts
Providing visually impaired party with an interpreter to assist in trial is sufficient reasonable accommodation under Americans with Disabilities Act. 		Civil Rights Apr. 29, 1999
Warn v. M/Y Maridome
Foreign maritime law, rather than the Jones Act, applies where accident involving yacht flying British flag occurs in Grecian waters. 		Maritime Law Apr. 29, 1999
California Democratic Party v. Jones
Ballot initiative opening state primary elections to all registered voters, regardless of party affiliation, doesn't violate parties' First Amendment association rights. 		Government Apr. 29, 1999
Natural Resources Defense Council Inc. v. Southwest Marine Inc.
Private citizens can seek civil monetary penalties for on-going violations of the Clean Water Act. 		Environmental Law Apr. 29, 1999
Lake Tahoe Watercraft v. Tahoe Regional Planning Agency
Congressional consent to bi-state compact is conscious effort by state participants to impose federal sanction on actions affecting important regional interests. 		Environmental Law Apr. 29, 1999
U.S. v. Santa Ynez Band of Chumash Mission
California is in compliance with Indian Gaming Regulatory Act obligations and Indian Tribes must cease all Class III gaming. 		Native American Affairs Apr. 29, 1999
Bankruptcy of Pederson
Debtor can't avoid judgment lien that attaches to homestead property upon acquisition of the property. 		Bankruptcy Apr. 29, 1999
WRS Motion Picture v. Post Modern Edit Inc.
Removal to federal court on diversity grounds requires remand under 'no-local-defendant' rule unless case has already proceeded to judgment on merits. 		Civil Procedure Apr. 29, 1999
Elsaas v. County of Placer
District court doesn't have jurisdiction over wrongful termination case brought by county employees where there is no diversity or pendent party jurisdiction. 		Civil Procedure Apr. 29, 1999
McGarry v. Board of County Commissioners of the County of Pitkin
Manager's characterization of hirings as 'affirmative action' shows reverse discrimination. 		Civil Rights Apr. 29, 1999
Dang v. Unum Life Insurance Company of America
Insurance contract needs forfeiture provision to deny claim outside notice period. 		Insurance Apr. 29, 1999
Powell v. United States Postal Service
Order 		Civil Rights Apr. 29, 1999
Brothers v. United States Parole Commission
Order 		Criminal Law and Procedure Apr. 29, 1999
Wilder v. United States of America
Order 		Prisoners Rights Apr. 29, 1999
Vasquez v. Lemaster
Order 		Criminal Law and Procedure Apr. 29, 1999
City of Sierra Vista v. Director, Arizona Department of Environmental Quality
When a legislative enactment amends a statute, but cannot be understood without reference to the earlier statute, then the enactment is unconstitutional. 		Government Apr. 29, 1999
Teachers Insurance & Annuity Association v. Furlotti
For mandatory preliminary injunction to issue, petitioning party must demonstrate reasonable probability of prevailing on merits at trial. 		Real Property Apr. 28, 1999
Basic Modular Facilities Inc. v. Ehsanipour
Plaintiff is entitled to recover actual amount owed on property under mechanics' lien statute. 		Real Property Apr. 28, 1999
Justin C., a Minor
Dependency petition must be dismissed where first trial occurs two years and seven months after petition is filed. 		Juveniles Apr. 28, 1999
People v. Kroncke
Requiring driver involved in injury accident to identify himself as the driver doesn't violate right against self-incrimination. 		Criminal Law and Procedure Apr. 28, 1999
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