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Name Category Published
Talley Industries Inc. v. IRS
Parties' intent determines business-expense deductibility of contractor's fraud-claim payment to government.
Taxation Jul. 1, 1999
U.S. v. Colbert
Bank-fraud defendant cannot impeach co-conspirator with misdemeanor conviction for soliciting prostitute.
Criminal Law and Procedure Jul. 1, 1999
De Leon-Barrios v. INS
Political asylum denial is supported by immigration judge's adverse credibility finding for alien's inconsistent applications.
Immigration Jul. 1, 1999
People v. Madrana
Restitution and penalty covering disposal of hazardous controlled substances are imposed against defendants jointly and severally.
Criminal Law and Procedure Jul. 1, 1999
People v. Castaneda
If conviction could be based on one of several different acts, court must give unanimity instruction.
Criminal Law and Procedure Jul. 1, 1999
Marriage of Fell
Impermissible waiver of mandatory exchange of declarations disclosing assets and liabilities requires setting aside dissolution.
Family Law Jul. 1, 1999
James v. WCAB
Employee's psychiatric injury is not compensable, despite employer's failure to reject claim within 90 days.
Workers' Compensation Jul. 1, 1999
People v. Kearns
Basis for necessity defense is risk of harm, not actual harm, caused by the illegal conduct.
Criminal Law and Procedure Jul. 1, 1999
Be v. Western Truck Exchange
Plaintiff cannot enter into good faith settlement with cross-defendant after verdict in main action.
Civil Procedure Jul. 1, 1999
Fujitsu Microelectronics Inc. v. Assessment Appeals Board of the County of San Diego
Failure to establish government applied improper depreciation rates on personal property results in no refund.
Taxation Jul. 1, 1999
People v. Roberts
Expert testimony of gang member's willingness to testify falsely for non-gang member is admissible.
Criminal Law and Procedure Jul. 1, 1999
Division of Labor Standards Enforcement v. UI Video Stores Inc.
Division of Labor Standards Enforcement can retain undeliverable back-pay checks in unpaid wage fund.
Labor Law Jul. 1, 1999
Hoffmaster v. City of San Diego
City's amended housing element doesn't comply with statute requiring identification of sites for homeless emergency shelters.
Government Jul. 1, 1999
Studwell Inc. v. Korean Exchange Bank
Beneficiary's interest in executory letter of credit is not property of the beneficiary subject to attachment.
Banking Jul. 1, 1999
Shartzer v. Israels
Invasion of privacy occurs when criminal defense attorney reads and disseminates victim's mental health records.
Torts Jul. 1, 1999
U.S. v. Nyemaster
Absent evidence of intoxication degree, car-camper's conviction for being under influence in national park fails.
Criminal Law and Procedure Jul. 1, 1999
Eagle Marine Services v. Director, Office of Workers Compensation Programs
Injured longshoreman's receipt of holiday pay doesn't indicate wage-earning capacity for determining statutory disability benefits.
Labor Law Jul. 1, 1999
U.S. v. Gaytan
Absent defendant's input, double jeopardy bars retrial after dismissal with prejudice for government's 'Brady' violation.
Criminal Law and Procedure Jul. 1, 1999
Bankruptcy of The Leisure Corp.
A debtor is not prohibited, as a matter of law, from exercising a postpetition lease renewal due to postpetition lease defaults.
Bankruptcy Jul. 1, 1999
People v. Tillis
Prosecutor's failure to provide discovery regarding defense expert's arrest for drug use is harmless error.
Criminal Law and Procedure Jul. 1, 1999
People v. Valencia
Order
Jul. 1, 1999
Lucas v. Swanson & Dowdall
Failure to show tort liability action based on plaintiff's malice precludes dismissal of malicious action.
Torts Jul. 1, 1999
People v. Castillo
Confession by defendant after threats to arrest wife isn't coerced and is admissible at trial.
Criminal Law and Procedure Jul. 1, 1999
Daniel v. U.S.
Order
Jul. 1, 1999
Crawford-El, Leonard v. Britton
Certiorari granted
Jul. 1, 1999
FEC v. Akins
Certiorari granted
Jul. 1, 1999
Hubbard v. Ventura County Superior Court (People)
Defense isn't required to disclose statements obtained from prosecution witnesses to be used on.
Criminal Law and Procedure Jul. 1, 1999
U.S. v. Hyde
Certiorari granted
Jul. 1, 1999
O'Dell v. Netherland
New rule allowing jury instruction on parole ineligibility is inapplicable to disturb defendant's death sentence.
Criminal Law and Procedure Jul. 1, 1999
Klehr v. A. O. Smith Corp.
'Last predicate act' rule isn't appropriate interpretation of RICO.
Civil Procedure Jul. 1, 1999