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Name Category Published
Cybersell Inc. v. Cybersell Inc.
Alleged infringement of website service mark doesn't provide personal jurisdiction in mark holder's place of business.
Intellectual Property Jun. 3, 1999
Pfizer Inc. v. Superior Court (Aetna Casualty & Surety Co.)
Insured is entitled to discovery from insurer regarding other insureds whose manufactured medical devices triggered coverage.
Civil Procedure Jun. 3, 1999
Kalaw v. INS
Federal statutory transitional rules bar direct judicial review of attorney general's deportation suspensions within certain time.
Immigration Jun. 3, 1999
Bankruptcy of San Rafael Baking Co.
Bankruptcy court lacks authority to allow an administrative expense based on an expired collective bargaining agreement.
Bankruptcy Jun. 3, 1999
Bankruptcy of Luz International Inc.
Court cannot adjudicate substantive merits of setoff claim as part of relief from stay motion.
Bankruptcy Jun. 3, 1999
Bankruptcy of King Street Investments Inc.
California's anti-deficiency statutes do not preclude damages for constructive fraud after deed in lieu acceptance.
Bankruptcy Jun. 3, 1999
Greenwood v. State Bar
Default is final 45 days after entry absent lack of notice and compelling circumstances.
Attorneys Jun. 3, 1999
Taggares v. Superior Court (Mitchell)
Where party indigent, cost-free option should be made available to settle discovery disputes.
Civil Procedure Jun. 3, 1999
People v. Ward
Statute prohibiting defendant from assaulting mother of defendant's child isn't violated by assault on pregnant ex-girlfriend.
Criminal Law and Procedure Jun. 3, 1999
Saba v. Crater
An offer to compromise must be in writing to satisfy requirements of Civil Procedure Code.
Civil Procedure Jun. 3, 1999
Marriage of Schofield
State court awarding payment of arrearages doesn't re-label property interest in federal pension plan.
Family Law Jun. 3, 1999
People v. Wood
Felonies can't be reduced to misdemeanors if prison sentence was imposed before probation was granted.
Criminal Law and Procedure Jun. 3, 1999
Salcido-Salcido v. INS
Board of Immigration Appeals abuses its discretion in not considering hardship deportation would impose on family.
Immigration Jun. 3, 1999
Imada v. City of Hercules
Fair Labor Standards Act doesn't require city pay police for time traveling to off-site training.
Labor Law Jun. 3, 1999
Allmerica Financial Life Insurance and Annuity Co. v. SMA Life Assurance Co.
Revocation of professional license precludes coverage under disability insurance policy for resulting 'depression.'
Insurance Jun. 3, 1999
U.S. v. Bailey
Near identity of state statute and federal Guidelines permits base offense level increase for state conviction.
Criminal Law and Procedure Jun. 3, 1999
Sloan v. West
Appeals of Merit System Protection Board jurisdictional decisions in 'mixed cases' belong in Federal Circuit.
Civil Procedure Jun. 3, 1999
Smith v. Stewart
Failure to present available mitigating evidence during penalty phase is prejudicially ineffective assistance of counsel.
Criminal Law and Procedure Jun. 3, 1999
Bankruptcy of Parker
Chapter 7 debtor wanting to retain secured property isn't limited to debt reaffirmation or redemption.
Bankruptcy Jun. 3, 1999
Pennsylvania Board of Probation and Parole v. Scott
Exclusionary rule doesn't apply to parole revocation hearings.
Criminal Law and Procedure Jun. 3, 1999
Air Line Pilots Association v. Miller
Agency fee objectors who haven't agreed to arbitration needn't exhaust arbitral remedy before suing union.
Labor Law Jun. 3, 1999
Mahon v. Credit Bureau of Placer County Inc.
Although Fair Debt Collection Practices Act requires that notice of debt validation be sent to debtor, evidence of actual receipt isn't necessary.
Business Law Jun. 3, 1999
U.S. v. Real Property Located at 25445 Via Dona Christa, Valencia, California
Prolonged and continuous drug dealing from family home can be sufficient to justify its forfeiture.
Civil Procedure Jun. 3, 1999
U.S. v. Doe
Under special circumstances, failure to notify parents of juvenile's miranda rights while in custody constitutes 'harmless error.'
Criminal Law and Procedure Jun. 3, 1999
Zimmerman v. State of Oregon Department of Justice
Public service provision of the Americans with Disabilities Act doesn't apply to employment discrimination.
Employment Law Jun. 3, 1999
Vardanega v. Internal Revenue Service
Entire real property can be redeemed at foreclosure sale if internal revenue service has lien on it.
Taxation Jun. 3, 1999
Nautilus Marine Inc. v. Niemela
Under Robins Dry Dock rule, maritime plaintiff may not recover economic loss as a result of damage to a third party.
Maritime Law Jun. 3, 1999
Leisnoi Inc. v. United States of America
Where Government conveys land to Native village corporation, district court lacks initial subject matter jurisdiction to hear quiet title action.
Real Property Jun. 3, 1999
Bankruptcy of DAK Industries Inc.
Finding that pre-conversion Chapter 11 debtor was not insolvent as a going concern is appropriate in preference action.
Bankruptcy Jun. 3, 1999
Vongsakdy v. Immigration and Naturalization Service
Demonstration that alien suffered atrocious forms of persecution due to political opinion merits asylum for humanitarian reasons.
Immigration Jun. 3, 1999