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Name Category Published
The Ambassador Hotel Co. v. Wei-Chuan Investment
Loss causation for fraud in sale of securities requires showing that defendant's misrepresentations caused plaintiff's injury more than another factor. 		Securities Dec. 3, 1999
Smith Jr. v. Stewart
Where lawyer fails to effectively present mitigating factors at defendant's resentencing hearing, defendant can't be sentenced to death. 		Criminal Law and Procedure Dec. 3, 1999
U.S. v. Jackson
Federal sentencing guidelines which imposes mandatory drug testing while on supervised release isn't inconsistent with ex post facto clause. 		Criminal Law and Procedure Dec. 3, 1999
California Credit Union League v. City of Anaheim
Cure of jurisdictional defect by joinder of United States as co-plaintiff does not result in prejudice to the parties. 		Civil Procedure Dec. 3, 1999
7-Up Bottling Co. of Jasper Inc. v. Varni Brothers Corp.
Sherman Act price fixing violation based on circumstantial evidence must exclude possibility that defendant acted independently. 		Antitrust Dec. 3, 1999
Avery Dennison Corp. v. Sumpton
Registration of a common surname on principal register doesn't satisfy requirement of 'famousness' under Federal Trademark Dilution Act. 		Intellectual Property Dec. 3, 1999
U.S. v. Riley
Destruction of government agent's notes of conversations with its operatives isn't harmless error and requires reversal. 		Criminal Law and Procedure Dec. 3, 1999
Gatlin v. Madding
When exhausting state court remedies, defendant's review petition to state supreme court cannot simply incorporate by reference arguments made to lower court. 		Criminal Law and Procedure Dec. 3, 1999
Dictado v. Ducharme
Improperly filed state personal restraint petition doesn't toll time limitations of federal Antiterrorist and Effective Death Penalty Act. 		Criminal Law and Procedure Dec. 3, 1999
U.S. v. Mayfield
Where trial court permits admittance of prejudicial evidence against co-defendant, defendant is entitled to severance trial. 		Criminal Law and Procedure Dec. 3, 1999
U.S. v. Mattarolo
Veteran officer who stops truck and conducts pat-down search after observing truck leave construction site at night with crate isn't Fourth Amendment violation. 		Criminal Law and Procedure Dec. 3, 1999
Hertzberg v. Dignity Partners Inc.
Investors, who purchased stock more than 25 days after initial offering, had standing to bring Section 11 claim against corporation. 		Securities Dec. 3, 1999
Bogovich v. Sandoval
Prisoner's Americans With Disabilities Act claim isn't required to be brought as a habeas corpus petition. 		Criminal Law and Procedure Dec. 3, 1999
Madrid v. Gomez
The attorney fees limitations imposed by the Prison Litigation Reform Act do not burden prisoners' fundamental right of access to the courts. 		Prisoners Rights Dec. 3, 1999
Biggs v. Best, Best & Krieger
Council members who threaten to fire law firm due to firm's attorney family members political involvement are entitled to qualified immunity defense. 		Government Dec. 3, 1999
Wayne v. Pacific Bell
Where employer seriously considers changing ERISA benefits, employer has affirmative duty to disclose this intent to union during collective bargaining agreement. 		Labor Law Dec. 3, 1999
U.S. v. Scrivener
Imposing two-level sentence enhancements for both vulnerable victims and Senior Citizens Against Marketing Scams Act isn't impermissible double-counting. 		Criminal Law and Procedure Dec. 3, 1999
Heliotrope General Inc. v. Ford Motor Company
Issuer isn't liable for fraud on market based on failure to disclose tax strategy if pre-purchase market information includes offering's tax purpose. 		Securities Dec. 3, 1999
Bins v. Exxon Co. U.S.A.
Employer-fiduciary must disclose information about proposed changes to participants and beneficiaries of existing ERISA plan. 		Labor Law Dec. 3, 1999
U.S. Court of Appeals v. Laney
Conviction for distribution of child pornography requires pecuniary gain, but barter of images for other images or stories may satisfy requirement. 		Criminal Law and Procedure Dec. 3, 1999
U.S. v. Boa
For sentence determination for counterfeiting computer documents, 'retail value' of fake manual cannot exceed retail price of genuine manual. 		Criminal Law and Procedure Dec. 3, 1999
McQuirk v. Donnelley
Sheriff's allegedly defamatory statements about former employee aren't privileged communications or protected by governmental immunity. 		Torts Dec. 3, 1999
Tolbert v. Gomez
Trial court's prima facie determination of whether jury selection was discriminatory is given a presumption of correctness by appellate court. 		Criminal Law and Procedure Dec. 3, 1999
U.S. v. Tidwell
Statute prohibiting sale of American Indians' 'cultural patrimony' items isn't unconstitutionally vague. 		Criminal Law and Procedure Dec. 3, 1999
In re Real Property Known as 22249 Dolorosa Street
Claimants who successfully defend against even part of a forfeiture action are prevailing parties and entitled to attorney fees. 		Civil Procedure Dec. 3, 1999
In re Franklin K.P. Moore on Discipline
Order 		Dec. 3, 1999
In re Mintz on Disciplined
Order 		Dec. 3, 1999
Blasiar Inc. v. Firemans Fund Ins. Co.
Opinion 		Dec. 3, 1999
Department of Social Services v. John G. (In re Carlos G.)
Dependency court needn't apply Indian Child Welfare Act after notices sent to tribes yield only replies that minor isn't child under Act. 		Juveniles Dec. 3, 1999
In re Meshack on Discipline
Order 		Dec. 3, 1999
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