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Name Category Published
Bankruptcy of Carolan
Debtor doesn't defraud credit card issuer by incurring credit card debt prior to filing petition.
Bankruptcy May 24, 1999
Cisneros v. UNUM Life Insurance Co. of America
California and federal laws require actual prejudice from untimely proof submission to deny insurance policy payment.
Labor Law May 24, 1999
De Leon v. INS
Order
May 24, 1999
LaChance v. Erickson
Federal agency can sanction employee for false statements to agency regarding his alleged employee-related misconduct.
Administrative Agencies May 24, 1999
Christopher T., a Minor
Juvenile court can transfer dependency proceeding based on change in minor's residence.
Juveniles May 24, 1999
Maria S., a Minor
Father's inability to attend hearing doesn't deprive him of right to participate in dependency proceeding.
Juveniles May 24, 1999
Link v. Cater
Dismissal of plaintiff's case for failure to appear is error where plaintiff was receiving medical treatment.
Civil Procedure May 24, 1999
Buchanan v. Angelone
Absence of jury instructions on concept of mitigation doesn't violate Eight and Fourteenth Amendments.
Criminal Law and Procedure May 24, 1999
Beltran-Leon v. INS
Vacation of criminal offense by state court doesn't remove legal basis for conviction and prevent deportation.
Immigration May 24, 1999
Martinez v. Gomez
Limitations period on civil rights claim is tolled for prisoner serving life with possibility of parole.
Prisoners Rights May 24, 1999
Crawford-El v. Britton
Plaintiff need not prove improper motive of officials by clear and convincing evidence.
Prisoners Rights May 24, 1999
Michael G., a Minor
Clear and convincing evidence is required for termination of parental rights under Indian Child Welfare Act.
Native American Affairs May 24, 1999
Fretland v. County of Humboldt
Workers' compensation is exclusive remedy against employer for claim of assault by co-worker.
Workers' Compensation May 24, 1999
U.S. v. Lin
Specific intent is required in the federal crimes of hostage-taking and making ransom demands.
Criminal Law and Procedure May 24, 1999
Metro Display Advertising Inc. v. City of Victorville
No immunity against allegation that city pressed bus shelter contractor to remove ads based on content.
Government May 24, 1999
U.S. v. Graves
Accessory after the fact to felon in possession of firearm must know of primary offender's felony.
Criminal Law and Procedure May 24, 1999
U.S. v. Keys
Plain error review applies to jury instruction error regarding materiality element of perjury.
Criminal Law and Procedure May 24, 1999
Jacobson v. Hughes Aircraft Co.
Applying correct standard, former employee's raise cognizable claims regarding employer's administration of ERISA plan.
Labor Law May 24, 1999
U.S. v. Cordoba
Unstipulated polygraph evidence does not meet Daubert test for admission in evidence.
Civil Procedure May 24, 1999
De Leon v. INS
Order
May 24, 1999
People v. Quick
Drugs found during protective sweep of home inadmissible if search isn't supported by specific articulable facts.
Criminal Law and Procedure May 24, 1999
Middletown Rancheria of Pomo Indians v. WCAB
Workers' Compensation Appeals Board doesn't have subject matter jurisdiction over federally recognized Indian tribe.
Workers' Compensation May 24, 1999
First Fidelity Thrift & Loan Association v. Alliance Bank
Deed that is first of record, even though second in time, has priority.
Real Property May 24, 1999
People v. Buena Vista Mines Inc.
Felony complaint for violation of Porter-Cologne Water Quality Control Act is reinstated after improper dismissal.
Criminal Law and Procedure May 24, 1999
U.S. v. Barragan-Devis
Failure to inform defense counsel of juror's question during deliberations is harmless error.
Criminal Law and Procedure May 24, 1999
Selam v. Warm Springs Tribal Correctional Facility
Witnesses failure to appear isn't violation of compulsory process where defendant failed to subpoena them.
Criminal Law and Procedure May 24, 1999
People v. Williams
Once prior felony conviction allegations are found to be true, trial court cannot strike findings.
Criminal Law and Procedure May 22, 1999
People v. Fashina
On-bail enhancement is justified if admitting the allegation is part of plea agreement.
Criminal Law and Procedure May 22, 1999
Jerron West Inc. v. State of California State Board of Equalization
Tax Injunction Act divests court's jurisdiction in action to enjoin tax proceedings during related criminal case.
Taxation May 22, 1999
People v. Melhado
Failure to instruct jury on unanimity is reversible error.
Criminal Law and Procedure May 22, 1999