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Name Category Published
Quemaline Co. v. Stewart Title Guaranty Co.
Title insurers need not issue title insurance against their better judgment on particular land parcels.
Real Property Mar. 24, 1999
Godwin v. Hunt Wesson Inc.
Substantial evidence contradicting employer's proffered evidence of nondiscriminatory motivation in promotion precludes summary judgment.
Employment Law Mar. 24, 1999
Helgeson v. Bureau of Indian Affairs
Judicial review isn't available for Bureau of Indian Affairs' denial of application for Indian Revolving Loan Funds.
Native American Affairs Mar. 24, 1999
Quelimane Co. v. Stewart Title Guaranty Co.
Plaintiffs may sue title insurers under unfair competition statutes for alleged refusal to insure.
Insurance Mar. 24, 1999
U.S. v. Green
Exceptional post-sentencing rehabilitation efforts may justify downward departure upon resentencing.
Criminal Law and Procedure Mar. 24, 1999
Babbitt v. Calderon
Counsel isn't ineffective due to use of experts rather than lay witnesses to explain post-traumatic stress disorder.
Criminal Law and Procedure Mar. 24, 1999
Patterson v. City of Livermore
Bicycling accident described in complaint didn't necessarily involves a "hazardous recreational activity."
Torts Mar. 24, 1999
People v. Houck
Court can't use preliminary hearing transcript to prove prior conviction was 'serious felony' under three strikes.
Criminal Law and Procedure Mar. 24, 1999
People v. Birks
Denial of defendant's requested instruction on lesser included offense isn't prejudicial error requiring reversal of conviction.
Criminal Law and Procedure Mar. 24, 1999
Damian v. Tamondong
Defendant in voluntarily dismissed deficiency action under Rees-Levering Actmay be entitled to attorney fees.
Contracts Mar. 24, 1999
Joseph R., a Minor
Minor's statement to officer is admissible despite lack of Miranda warnings because minor wasn't in custody.
Juveniles Mar. 24, 1999
U.S. v. Ramirez
Order
Mar. 24, 1999
U.S. v. Plunk
Law enforcement officer may testify as expert witness regarding jargon used in drug transactions.
Criminal Law and Procedure Mar. 24, 1999
Green v. Ralee Engineering Co.
Fundamental public policies supporting wrongful discharge actions may be found in administrative regulations.
Employment Law Mar. 24, 1999
Sze v. INS
Challenge to delay in processing naturalization applications is mooted by approval while appeal pending.
Immigration Mar. 24, 1999
Children of the Rosary v. City of Phoenix
City may limit advertising on buses to commercial messages.
Constitutional Law Mar. 24, 1999
MCM Construction Inc. v. City & County of San Francisco (Myers/Kulchin-Condon)
City can't waive statutory public contract bidding requirements of listing subcontractor prices.
Government Mar. 24, 1999
U.S. v. Dubose
Statute mandating restitution regardless of defendant's ability to pay is constitutional.
Criminal Law and Procedure Mar. 24, 1999
Atkins v. Apfel
Request for fees on appeal under Equal Access to Justice Act requires consideration of result obtained.
Civil Procedure Mar. 24, 1999
Allen v. Crabtree
No custody credit toward consecutive sentence for parole violation for time served before last sentence vacated.
Criminal Law and Procedure Mar. 24, 1999
U.S. v. Allen
Ineffective assistance claim is successive even if it includes new factual allegations.
Criminal Law and Procedure Mar. 24, 1999
Kodadek v. MTV Networks Inc.
Drawing created from memory isn't a bona fide copy of original work for copyright registration purposes.
Intellectual Property Mar. 24, 1999
Kim v. Kang
Court has jurisdiction to change interim rulings at any time prior to final judgment.
Civil Procedure Mar. 24, 1999
Bankruptcy of Been
State default judgment of 'sold-out' junior lienholder on note creates an avoidable judicial lien.
Bankruptcy Mar. 24, 1999
Ratnam v. INS
Torture that is unrelated to criminal prosecution and partially conducted due to political opinion, supports asylum.
Immigration Mar. 24, 1999
U.S. v. Allen
State misdemeanor convictions are properly included in calculation of defendant's criminal history score.
Criminal Law and Procedure Mar. 24, 1999
Allen v. State of Oregon
Federal prison inmate with state convictions isn't in state custody for habeas corpus purposes.
Criminal Law and Procedure Mar. 24, 1999
Bank of America v. Lallana
Creditor selling repossessed vehicle must comply with both Rees-Levering Act and Uniform Commercial Code.
Business Law Mar. 24, 1999
U.S. v. Ramirez
Order
Mar. 24, 1999
People v. Houck
Court can't use preliminary hearing transcript to prove prior conviction was 'serious felony' under three strikes.
Criminal Law and Procedure Mar. 24, 1999