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Rifino v. U.S. (In re Rifino)
Social worker who is likely to receive salary increases is not entitled to discharge of student loan debt in bankruptcy.
Bankruptcy Jun. 28, 2001
People v. Protsman
Expert testimony is properly excluded at trial if no consensus regarding new scientific technique exists.
Criminal Law and Procedure Jun. 28, 2001
U.S. v. Clymore
Conclusive evidence that seized property was used in drug crime must be established before court allows equitable tolling of statue of limitations.
Civil Procedure Jun. 28, 2001
Robinson v. Union Pacific Railroad
Arbitrator is entitled to determine that railroad worker who was wrongfully terminated is entitled to reinstatement but not back wages.
Labor Law Jun. 28, 2001
Hughes v. Argonaut Insurance Company
Employee may not sue employer's insurance carrier because insurer mishandled lien on employee's settlement with third party.
Employment Law Jun. 28, 2001
Lee v. Burlington Northern Santa Fe Railway Company
State tort action brought against railroad for inadequate warning signs at railroad crossing is preempted by federal law.
Torts Jun. 28, 2001
Udd v. Massanari
Veteran whose mental disorder prevented him from challenging termination of benefits is entitled to retroactive award.
Government Jun. 28, 2001
Green & Shinee v. Superior Court (People)
Police reports are public records and do not fall within attorney-client privilege.
Attorneys Jun. 28, 2001
Matosantos Commercial Corp. v. Applebee's International, Inc.
Collateral estoppel bars claim where same issues are brought before court and party had full opportunity to litigate in prior action.
Civil Procedure Jun. 28, 2001
Popov v. IRS
Professional musician is entitled to deduct expenses from portion of home used exclusively for musical practice.
Taxation Jun. 28, 2001
Holohan v. Massanari
Administrative law judge commits reversible error in finding claimant is not disabled when record contains substantial evidence to support finding of disability .
Administrative Agencies Jun. 28, 2001
Brown v. Lucky Stores, Inc.
Safe harbor provision of Americans with Disabilities Act applies to employees who have not had alcohol for meaningful amount of time.
Employment Law Jun. 28, 2001
Visionshape Inc. v. Kofax Image Products Inc.
Court properly sustains demurrer without leave to amend when, among other things, plaintiff's first and second causes of action do not meet pleading requirements.
Civil Procedure Jun. 28, 2001
Kaczorowski v. Board of Supervisors for the County of Mendocino (Perry)
Court does not abuse discretion in denying petition based on absence of indispensable party that could not be joined.
Civil Procedure Jun. 28, 2001
United States v. $22,474.00
Sophisticated dog sniff and admission of cocaine trafficking conviction provide sufficient probable cause to assume money seized was drug-related.
Criminal Law and Procedure Jun. 28, 2001
Boykin v. ATC/Vancom of Colorado
Disabled bus driver is not entitled to dispatcher position that was created six months after termination.
Employment Law Jun. 28, 2001
U.S. v. Rivera-Sanchez
Violation of California Health and Safety Code did not reach level of aggravated felony for sentencing purposes.
Criminal Law and Procedure Jun. 28, 2001
Southern California IBEW-NECA Trust Funds v. Standard Industrial Electric Company
ERISA does not preempt stop notice and payment bond remedies for money owed to employees for work on public construction project.
Employment Law Jun. 28, 2001
CHW West Bay v. Thompson
Hospital was wrongfully denied bonus incentive when added costs were due to factors beyond its control.
Administrative Agencies Jun. 28, 2001
Weeks v. Bayer
Public employee's claim for unlawful retaliation in violation of First Amendment fails; comments about prison program's funding status not of 'public concern.'
Employment Law Jun. 28, 2001
Rodas-Mendoza v. INS
Petitioner not eligible for asylum because she did not demonstrate objectively reasonable fear of future persecution.
Immigration Jun. 28, 2001
Webster v. Public School Employees of Washington Inc.
Employee is exempt from Fair Labor Standards Act, but Washington Minimum Wage Act may apply if employer docks sick or vacation leave.
Labor Law Jun. 28, 2001
Kyung K., a Minor
Juvenile cannot be convicted of possession of razor with unguarded blade when he is found to have razor blade alone.
Juveniles Jun. 28, 2001
Howard Gunty Profit Sharing Plan v. Superior Court (In re Greenwood)
Lower court must determine whether abuse of class action process justifies limiting solicitation of potential plaintiffs.
Civil Procedure Jun. 28, 2001
Advanced Bionics Corp. v. Medtronic Inc.
Jun. 28, 2001
Crider v. The Board of County Commissioners of the County of Boulder
Government did not violate equal protection or property interest of residential owners where it designated their property as rural preservation district.
Constitutional Law Jun. 28, 2001
U.S. v. Morris
Defendant cannot be convicted of five counts of brandishing firearm based on two armed robberies.
Criminal Law and Procedure Jun. 28, 2001
Gonzales v. McKune
Although admission of hearsay confession and state's suppression of exculpatory evidence were improper, error was harmless.
Criminal Law and Procedure Jun. 28, 2001
U.S. v. Davidson
Defendant's conduct that was not state law enumerated offense when he committed federal crime cannot be compelled to register as sex offender.
Criminal Law and Procedure Jun. 28, 2001
Jackson v. East Bay Hospital
Hospital did not violate statute by failing to diagnose patient's emergency condition, where doctors treated symptoms and decided patient was stabilized.
Torts Jun. 28, 2001