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American Telephone & Telegraph Co. v. Central Office Telephone Inc.
Communications Act tariff provisions pre-empt long distance re-seller's state claims against common carrier.
Constitutional Law Apr. 12, 1999
Bakersfield v. WCAB
Individual designated as witness by one party but not called may be cross-examined by other party.
Workers' Compensation Apr. 12, 1999
United States v. Baird-Neece Packing Corp.
Government may dismiss meritorious qui tam action over relator's objection for a legitimate governmental purpose.
Government Apr. 12, 1999
People v. Sanchez
Abstract of judgment must reflect order for restitution of laboratory fees.
Criminal Law and Procedure Apr. 12, 1999
Wisconsin Dept. of Corrections v. Schacht
Presence of claim barred by Eleventh Amendment doesn't destroy removal jurisdiction over remainder of case.
Constitutional Law Apr. 12, 1999
U.S. v. Bajakajian
Forfeiture of unreported currency transported out of country for lawful purpose is grossly disproportional to offense.
Criminal Law and Procedure Apr. 12, 1999
Amos v. MD Dept. of Public Safety
Order
Apr. 12, 1999
Apker v. United States
Order
Apr. 12, 1999
Humana v. Forsyth
Certiorari granted
Apr. 12, 1999
Ortiz v. Fibreboard Corp.
Certiorari granted
Apr. 12, 1999
Kumho v. Carmichael
Certiorari granted
Apr. 12, 1999
Atchison, Topeka and Santa Fe Railway Co. v. Hercules Inc.
Scheduling order barring late-filed third party claims doesn't bar assertion of permissive claims in separate actions.
Civil Procedure Apr. 12, 1999
Slaven v. American Trading Transportation Co.
Party that unconditionally stipulates to settlement and entry of judgment may not appeal.
Civil Procedure Apr. 12, 1999
Enesco Corp. v. Price/Costco Inc.
Lanham Act may entitle manufacturer of trademarked product to injunction requiring retailer to disclose repackaging
Intellectual Property Apr. 12, 1999
Underwriters Laboratories Inc. v. NLRB
Union official's broad warning to all workers voting in certification election isn't coercive and doesn't void election.
Labor Law Apr. 12, 1999
People v. Majors
Defendant relinquishes right to be present at penalty phase by requesting absence and threatening disruption.
Criminal Law and Procedure Apr. 12, 1999
People v. Kipp
Court isn't obligated to disqualify juror for cause after she asserts that she is biased against defendant.
Criminal Law and Procedure Apr. 12, 1999
Sagonowsky v. More
Favorable outcome in private, contractual arbitration doesn't support subsequent malicious prosecution action.
Torts Apr. 12, 1999
Surgin Surgical Instrumentation Inc. v. Truck Insurance Exchange
Large punitive damage default judgment cannot stand where defendant wasn't given notice of amount sought.
Civil Procedure Apr. 12, 1999
Graham v. The Balcor Co.
ERISA doesn't pre-empt state claims arising from agreement to provide specified benefits to one employee.
Labor Law Apr. 12, 1999
Graham v. Balcor Co.
Order
Apr. 12, 1999
Robles v. United States
Comprehensive Drug Abuse Prevention and Control Act doesn't authorize second term of special parole.
Criminal Law and Procedure Apr. 12, 1999
Rebel Oil Co. v. Atlantic Richfield Co.
Plaintiffs' evidence doesn't prove defendant's prices were below cost and doesn't support Clayton Act claim.
Antitrust Apr. 12, 1999
U.S. v. Cruz-Mendoza
Defense counsel's erroneous legal theory isn't prejudicial and doesn't warrant reversal for ineffective assistance.
Criminal Law and Procedure Apr. 12, 1999
Sivilay v. Apfel
Order
Apr. 12, 1999
Bennett v. Yoshina
Counting blank ballots as 'no' votes doesn't violate voters' First or Fourteenth Amendment rights.
Constitutional Law Apr. 12, 1999
Knott v. McDonald's Corp.
Franchise sale agreement divests former franchisee of right to sue franchisor for breach of contract.
Contracts Apr. 12, 1999
U.S. v. Edwards
Prosecutor may not continue to represent government after personally discovering key evidence during trial.
Criminal Law and Procedure Apr. 12, 1999
U.S. v. Turnipseed
Defendant pleading guilty to possession of stolen firearm may have sentence enhanced for gun possession.
Criminal Law and Procedure Apr. 12, 1999
U.S. v. Lazarevich
Criminal sentence imposed on defendant extradited from Netherlands doesn't violate doctrine of specialty in extradition treaty.
Criminal Law and Procedure Apr. 12, 1999