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Name Category Published
U.S. v. Byrne
Oral granting of motion for acquittal isn't 'final judgment of acquittal,' and double jeopardy clause isn't violated. 		Criminal Law and Procedure Dec. 30, 1999
U.S. v. Dutkel
Jury tampering by co-defendant requires conviction of defendant to be vacated, unless jury's deliberations regarding defendant aren't affected. 		Criminal Law and Procedure Dec. 30, 1999
Merkel v. Commissioner of Internal Revenue
Guaranty is liability, for determining insolvency to exclude debt forgiveness from income, if guarantor would be called to pay guaranty before forgiveness. 		Taxation Dec. 30, 1999
Broussard v. University of California at Berkeley
Employee isn't 'substantially limited' under the Americans with Disabilities Act if she cannot perform a particular, specialized job. 		Employment Law Dec. 30, 1999
U.S. v. Portillo-Cano
Even though right to appeal was waived, defendant can still appeal if district court didn't explain nature of charges. 		Criminal Law and Procedure Dec. 30, 1999
Cal-Almond Inc. v. U.S. Dept. of Agriculture
Federal marketing order requiring almond handlers to finance generic advertising doesn't violate First Amendment. 		Administrative Agencies Dec. 30, 1999
Fink v. Shedler
Amendment to statute, limiting tolling of prisoners' causes of action to two years, may be applied retroactively. 		Civil Procedure Dec. 30, 1999
B.J. Carney Industries Inc. v. U. S. Environmental Protection Agency
Appeal from Clean Water Act penalty assessment must be filed within 30 days of administrative law judge's order. 		Environmental Law Dec. 30, 1999
GATX/Airlog Co. v. District Court (Bank of New York)
Vacating district court's disqualification order is proper where mootness of disqualification claim is brought about by independent action of third party. 		Civil Procedure Dec. 30, 1999
Mendocino Environmental Center v. Mendocino County
Summary judgment isn't proper when genuine issue of fact exists whether police officers and federal agents conspired to interfere with political activities. 		Government Dec. 30, 1999
Commercial Space Management Co. Inc. v. Boeing Co. Inc.
Filing notice of voluntary dismissal automatically terminates the case with respect to defendants who are subjects of the notice. 		Civil Procedure Dec. 30, 1999
U.S. v. Lawton
Uncharged conduct, due to a plea bargain, can't be a basis for departing from the U.S. Sentencing Guidelines. 		Criminal Law and Procedure Dec. 30, 1999
People v. Arndt
Enhancement for bodily injury doesn't preempt enhancement for injury causing victim to become comatose. 		Criminal Law and Procedure Dec. 30, 1999
Jacobsen v. Marin General Hospital
When coroner has custody over brain-dead patient, neither hospital or harvesting organization has duty to seek familial consent for organ donation. 		Torts Dec. 30, 1999
McAlindin v. County of San Diego
Sleeping, engaging in sexual relations, and social interactions are 'major life activities' within the meaning of the Americans with Disabilities Act. 		Employment Law Dec. 30, 1999
People v. Martinez
Imposition of 25-year sentence enhancement is not cruel or unusual punishment for defendant who used firearm causing great bodily injury. 		Criminal Law and Procedure Dec. 29, 1999
Enyart v. City of Los Angeles
Majority-voting jurors' concealed bias against defendants, as evidenced by negative generalizations made during deliberations, is serious jury misconduct requiring new trial. 		Civil Procedure Dec. 29, 1999
Oliver v. AT&T Wireless Services
Displeasing size and shape of structure on adjacent property, which allegedly reduced landowner's property value, isn't actionable as nuisance or inverse condemnation. 		Real Property Dec. 29, 1999
People v. Thomas
Defendant sentenced under three strikes law is entitled to presentence conduct credit, but credit is limited to 15 percent. 		Criminal Law and Procedure Dec. 29, 1999
Palmer v. Truck Insurance Exchange
Policy provisions relating to advertising liability only cover infringement of names of literary or artistic works or names that are slogans. 		Insurance Dec. 29, 1999
People v. Ibanez
Writ of error coram nobis cannot be used to withdraw plea to multiple counts of child molestation. 		Criminal Law and Procedure Dec. 29, 1999
Electro Optical Industries Inc. v. White
Court may preliminarily enjoin former employee from working for competitor if the employment will inevitably lead to disclosure of trade secrets. 		Intellectual Property Dec. 29, 1999
Randolph v. Groscost
Elective state officers salaries commission lacks authority to recommend change in legislative payments, and payment changes are severable from remainder of proposition. 		Government Dec. 28, 1999
Calik v. Kongable
Trial judge may not impose jail or prison time as condition of probation for first-time drug offenders. 		Criminal Law and Procedure Dec. 28, 1999
Cronin v. Superior Court
Employees alleging wrongful termination may be limited to exclusive remedies provided by state equal protection act. 		Employment Law Dec. 28, 1999
Oliver v. The Amity Mutual Irrigation Co.
Expert testimony not required to establish standard of care owed by ditch company to adjacent landowner. 		Torts Dec. 28, 1999
Public Service Co. v. Mile Hi Cable Partners L.P.
Federal Communications Commission has primary jurisdiction to determine reasonableness of rates for cable television pole attachments. 		Administrative Agencies Dec. 28, 1999
Marie v. Dickerson
Claim for damages for appropriation of name or likeness recognized for first time in Colorado. 		Torts Dec. 28, 1999
Fleet v. Zwick
Homestead exemption protects funds of debtor despite the withdrawal of other funds from the homestead account. 		Civil Procedure Dec. 28, 1999
Safeco Insurance Co. v. Robertson
Manufacturer's rating of motorboat engine conclusive for determination of coverage under homeowner's policy. 		Insurance Dec. 28, 1999
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