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Name Category Published
Daily Journal v. Superior Court (Merrill Lynch & Co. Inc.) (Citron)
Courts have discretion to order disclosure of grand jury proceedings terminated by settlement.
Criminal Law and Procedure Mar. 19, 1999
Surgin Surgical Instrumentation Incorp. v. Truck Insurance Exchange
Large punitive damage default judgment cannot stand where defendant wasn't given notice of amount sought.
Civil Procedure Mar. 19, 1999
U.S. v. Aguilar-Muniz
Validity of appeal waiver isn't undermined when court notifies defendant that unenforceable waivers remain appealable.
Criminal Law and Procedure Mar. 19, 1999
Native Village of Venetie IRA Council v. State of Alaska
Native villages' claims under Indian Child Welfare Act may be enforced under 42 U.S.C. Section 1983.
Civil Rights Mar. 19, 1999
U.S. v. Bulacan
Administrative search scheme to detect explosives in federal buildings doesn't extend to search for drugs.
Criminal Law and Procedure Mar. 19, 1999
Angel R., a Minor
Parent incarcerated out of state has adequate opportunity for reunification prior to permanent plan proceedings.
Juveniles Mar. 19, 1999
People v. Hokit
Mere suspicion that car tripped motion sensor near border doesn't support stop for 'immigration check.'
Criminal Law and Procedure Mar. 19, 1999
People v. Gray
Carjacking statute isn't unconstitutionally vague.
Criminal Law and Procedure Mar. 19, 1999
People v. Blardony
Customs agents may perform random searches of incoming international mail.
Criminal Law and Procedure Mar. 19, 1999
Dept. of Commerce v. United States House of Representatives
Order
Mar. 19, 1999
Bankruptcy of Cataldo
Debtor is entitled to $2 million exemption on property owned with estranged spouse as 'tenants by the entirety.'
Bankruptcy Mar. 19, 1999
Bankruptcy of Metz
Retirement plan is not property of estate and is exempt from administration.
Bankruptcy Mar. 19, 1999
Robert Half International, Inc. v. Franchise Tax Board
Cost of canceling warrant is non-business loss deductible against corporate franchise tax.
Taxation Mar. 19, 1999
Sementilli v. Trinidad Corporation
Doctor's testimony regarding cause of injury may be based on experience and review of medical records only.
Civil Procedure Mar. 19, 1999
Sementilli v. Trinidad Corp.
Doctor's testimony regarding cause of injury may be based on experience and review of medical records only.
Civil Procedure Mar. 19, 1999
Security Life Insurance Company of America v. Meyling
Insurer can't rescind health policy that includes incontestability clause and provision for premium recalculation.
Insurance Mar. 19, 1999
Dawavendewa v. Salt River Project Agricultural Improvement and Power District
Employment discrimination based on Indian tribal affiliation is national origin discrimination that violates Title VII.
Civil Rights Mar. 19, 1999
Phoenix Newspapers Inc. v. United States District Court (United States)
Press has right to transcript of hearing held to investigate threats made to jurors in high-profile criminal trial.
Criminal Law and Procedure Mar. 19, 1999
Kressler v. Troup
Notice of appeal filed more than three months after motion for judgment notwithstanding verdict is untimely.
Civil Procedure Mar. 19, 1999
Disc Golf Assn. Inc. v. Champion Discs Inc.
Shape of goal device is functional and not entitled to trademark or trade dress protection under Lanham Act.
Intellectual Property Mar. 19, 1999
U.S. v. Martinez-Martinez
Defendant stopped short of completing theft is entitled to three-point offense level reduction.
Criminal Law and Procedure Mar. 19, 1999
People v. Contreras
Miscarriage of justice requiring reversal results from prosecutor's misconduct and exclusion of opinion evidence.
Criminal Law and Procedure Mar. 19, 1999
Cheyanna M. v. A.C. Nielsen Co.
Child born out of wedlock may sue for wrongful death of alleged father killed before she was born.
Torts Mar. 19, 1999
Marriage of Shelstead
Non-employee spouse may not name third party to receive undistributed pension benefits upon her death.
Family Law Mar. 19, 1999
Presidio Golf Club v. National Park Service
Environmental and historic review of proposed public clubhouse for golf course is adequate.
Environmental Law Mar. 19, 1999
People v. Reyes
Searches based on parole conditions may be conducted without reasonable suspicion.
Criminal Law and Procedure Mar. 19, 1999
U.S. v. Keys
Plain error review applies to jury instruction error regarding materiality element of perjury.
Criminal Law and Procedure Mar. 19, 1999
U.S. v. Brannon
California law limiting admissibility of breathalyzer results doesn't apply in prosecution under Assimilative Crimes Act.
Criminal Law and Procedure Mar. 19, 1999
Robert Half International Inc. v. Franchise Tax Board
Cost of canceling warrant is non-business loss deductible against corporate franchise tax.
Taxation Mar. 19, 1999
Fidelity & Deposit Co. of Maryland v. Charter Oak Fire Insurance Co.
Risk insured under liability policy is unambiguously limited to motel and restaurant in Arkansas.
Insurance Mar. 19, 1999