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Name Category Published
Haggis v. City of Los Angeles
Allegations of city's failure to comply with ordinances are barred by statutes of limitations and Tort Claims Act.
Government Nov. 2, 1999
Syntex Corp. v. Lowsley-Williams & Companies
Insurers not responsible for costs resulting from intentional release of hazardous substances
Environmental Law Nov. 2, 1999
U.S. v. Working
Order
Oct. 31, 1999
People v. Turner
No error to require attorney defendant to pay restitution to State Bar for forgery and embezzlement of client funds.
Criminal Law and Procedure Oct. 29, 1999
People v. Turner
No error to require attorney defendant to pay restitution to State Bar for forgery and embezzlement of client funds.
Criminal Law and Procedure Oct. 29, 1999
People v. Taylor
Trial court isn't required to give proposed jury instruction on mistake of fact defense where evidence fails to support defense.
Criminal Law and Procedure Oct. 29, 1999
U.S. v. Williams
Although population in federal prisons exceeds capacity, trial court can increase that population and sentence defendant to prison.
Criminal Law and Procedure Oct. 29, 1999
U.S. v. Luca
Sentence enhancement based upon being in charge of a criminal organization cannot be imposed unless other participants are identified.
Criminal Law and Procedure Oct. 29, 1999
U.S. v. Lee
Statute prohibiting export of fuzes includes fuze component that has no nonmilitary use, and is not unconstitutionally vague.
Criminal Law and Procedure Oct. 29, 1999
Harris v. Itzhaki
Claimant has standing under Fair Housing Act if she shows distinct injury, even if indirect, resulting from discriminatory conduct.
Civil Rights Oct. 29, 1999
Estate of Cartwright v. Commissioner of Internal Revenue
Life insurance proceeds, paid by firm to deceased majority shareholder's estate, includes stock payment and claims against firm for work in progress.
Probate and Trusts Oct. 29, 1999
Estate of Magnin v. Commissioner of Internal Revenue
Adequacy of consideration for agreement to exchange stock interest for remainder interest in corporation is measured by remainder's actuarial value.
Taxation Oct. 29, 1999
Association of Mexican-American Educators v. California
Titles VI and VII of Civil Rights Act do not apply to administration of CBEST exam.
Administrative Agencies Oct. 29, 1999
United States v. C.W. Roen Construction Co.
Establishment of prevailing wage for False Claims Act suit doesn't always require area-practice survey.
Government Oct. 29, 1999
Mgoian v. INS
Immigrant is entitled to asylum where there is a well-founded fear of future persecution if returned to native land.
Immigration Oct. 29, 1999
U.S. v. Barajas-Montiel
While alien smuggling requires a specific-intent jury instruction, failure to object limits review to plain-error analysis.
Criminal Law and Procedure Oct. 29, 1999
U.S. v. Fiorillo
Despite lack of exclusive control, access to a locked room is sufficient apparent authority to give consent to search.
Criminal Law and Procedure Oct. 29, 1999
Gallo Cattle Co. v. California Milk Advisory Board
California Milk Advisory Board's compulsory assessments for promotion and advertising California dairy products comply with First Amendment.
Constitutional Law Oct. 29, 1999
Convoy Inc. v. City of San Diego
Nude dancing ordinance that only provides discretionary stay of license suspension fails to satisfy constitutional requirement for prompt judicial review.
Constitutional Law Oct. 29, 1999
Lopez v. INS
Statute of Limitations regarding reopening an absentia deportation order is tolled where immigrant's alleged counsel proved to be an impostor.
Immigration Oct. 29, 1999
U.S. v. Meza-Corrales
Due to small amount of officers, weapons found, and suspects fleeing or being otherwise uncooperative, defendant's temporary detention is reasonable.
Criminal Law and Procedure Oct. 29, 1999
United States v. Parsons Co.
Proof of falsity under False Claims Act should not be determined by applying 'reasonable interpretation' approach.
Government Oct. 29, 1999
U.S. v. Orduno-Aguilera
Possession and intent to distribute anabolic steroids can't be based on evidence of salts of anabolic steroids that aren't shown to promote muscle growth.
Criminal Law and Procedure Oct. 29, 1999
U.S. v. Martinez-Vitela
Alien subject to deportation, based on prior reinstatement deportation proceeding, is entitled to show prior proceeding was flawed and prejudicial.
Immigration Oct. 29, 1999
U.S. v. Romero
Possession of firearm isn't sufficient evidence of 'use' for using a firearm in connection with a drug-trafficking charge.
Criminal Law and Procedure Oct. 29, 1999
Federal Deposit Insurance Corp. v. Castetter
State, not federal, law sets standard for business judgment rule for directors of federally insured bank.
Banking Oct. 29, 1999
Singh-Kaur v. INS
Asylum may be denied based on immigration judge's credibility findings.
Immigration Oct. 29, 1999
California Franchise Tax Board v. Jackson (In re Jackson)
State isn't entitled to except tax claim from discharge due to failure to file a tax return based on the debtor's failure to report federal tax assessment.
Bankruptcy Oct. 29, 1999
U.S. v. Riley
Attempted 'simple rape' is a crime of violence for U.S. Sentencing Guidelines purposes.
Criminal Law and Procedure Oct. 29, 1999
Local 159, 342, 343 & 444 v. Nor-Cal Plumbing Inc.
Labor Management Relations Act may provide courts with subject-matter jurisdiction over employees' trust fund when ERISA does not.
Employment Law Oct. 29, 1999