| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
96-70194 and 96-70195
|
Meserve Drilling Partners v. Commissioner of Internal Revenue
Tax regulation defining 'partnership items' is properly applied retroactively. |
Taxation |
|
Mar. 26, 1999 | |
|
97-15433
|
McBride v. PLM International Inc.
Plaintiff lacks standing under Employee Retirement Income Security Act if employer terminates plan before complaint filed. |
Labor Law |
|
Mar. 26, 1999 | |
|
97-15534 and 97-15613
|
Beffa v. Bank of the West
Expedited Funds Availability Act doesn't pre-empt negligence and misrepresentation claims based on deposit to wrong account. |
Banking |
|
Mar. 26, 1999 | |
|
97-35129
|
Airborne Freight Corp. v. United States
Company needn't lease entire building to claim investment tax credit for world headquarters. |
Taxation |
|
Mar. 26, 1999 | |
|
97-70810
|
Lucky Stores Inc. v. Commissioner of Internal Revenue
Employer's contribution to defined benefit plan made after end of tax year isn't deductible for previous year. |
Taxation |
|
Mar. 26, 1999 | |
|
C025717 and C027291
|
People v. Carr
Defendant may be convicted both of burglary and of receiving property stolen in burglary. |
Criminal Law and Procedure |
|
Mar. 26, 1999 | |
|
B118920 and B118923
|
Old Republic Insurance Co. v. Superior Court (Nautilus Insurance Co.)
Insurers that never had coverage obligations don't owe contribution to co-insurer that made payments. |
Insurance |
|
Mar. 26, 1999 | |
|
A077047
|
Tensfeldt v. WCAB
Worker convicted of insurance fraud is barred from receiving benefits in connection with underlying injury. |
Workers' Compensation |
|
Mar. 26, 1999 | |
|
97-10377
|
U.S. v. Garcia
Gang members' general agreement to support each other in fights doesn't prove conspiracy to commit assault. |
Criminal Law and Procedure |
|
Mar. 26, 1999 | |
|
H016392
|
People v. Jackson
Kidnapping incident consisting of one abduction and a continuous period of detention is a single criminal act. |
Criminal Law and Procedure |
|
Mar. 26, 1999 | |
|
H015775
|
Brassinga v. City of Mountain View
Conflicting evidence bars directed verdict that city wasn't employer of person killed in police training exercise. |
Workers' Compensation |
|
Mar. 26, 1999 | |
|
B112980
|
People v. Rodriguez
Special circumstance of 'drive-by' murder is constitutional on its face and as applied. |
Criminal Law and Procedure |
|
Mar. 26, 1999 | |
|
97-10422
|
U.S. v. Sandoval
Conviction for infraction of petty theft may be counted toward criminal history score. |
Criminal Law and Procedure |
|
Mar. 26, 1999 | |
|
97-16026
|
Californians for Safe and Competitive Dump Truck Transportation v. Mendonca
Federal Aviation Administration Authorization Act doesn't pre-empt California's Prevailing Wage Law. |
Labor Law |
|
Mar. 26, 1999 | |
|
97-16637, 97-16638, 97-16639 and 97-16640
|
Linney v. Cellular Alaska Partnership
No per se rule that continued participation by class counsel with conflict constitutes inadequate representation. |
Civil Procedure |
|
Mar. 26, 1999 | |
|
97-50137
|
U.S. v. Smith
Conviction for insider trading requires proof that defendant actually used material non-public information. |
Criminal Law and Procedure |
|
Mar. 26, 1999 | |
|
97-55113
|
Los Angeles News Service v. Reuters Television International Ltd.
Damages from overseas dissemination of copyrighted material are recoverable if infringement was in United States. |
Intellectual Property |
|
Mar. 26, 1999 | |
|
98-10236
|
U.S. v. Kaczynski
Media's common law right of access outweighs defendant's privacy interest in content of psychiatric report. |
Criminal Law and Procedure |
|
Mar. 26, 1999 | |
|
B109234
|
Isaac v. City of Los Angeles
Ordinance authorizing liens for delinquent utility bills is unconstitutional and ignores statutory lien priorities. |
Government |
|
Mar. 26, 1999 | |
|
96-16563
|
United States v. Dan Caputo Co.
Court correctly defers to agency for determination of how work should be classified under Davis-Bacon Act. |
Labor Law |
|
Mar. 26, 1999 | |
|
97-70272
|
Borja v. INS
Order |
|
Mar. 26, 1999 | ||
|
97-99004
|
Poland v. Stewart
Appellate counsel's failure to raise claim doesn't constitute 'cause' excusing procedural default. |
Criminal Law and Procedure |
|
Mar. 26, 1999 | |
|
A080649
|
People v. Burks
Custody credits waived after probation violation generally aren't recaptured when probation violated again. |
Criminal Law and Procedure |
|
Mar. 26, 1999 | |
|
96-35893
|
King v. United States
Forfeited cash from drug transactions isn't deductible as business loss. |
Taxation |
|
Mar. 26, 1999 | |
|
97-10100
|
U.S. v. Alviso
Defendant doesn't waive objection to evidence of priors by remaining silent when judge reads indictment. |
Criminal Law and Procedure |
|
Mar. 26, 1999 | |
|
97-30095
|
U.S. v. Odedo
Court must explain nature of charges to defendant before accepting guilty plea. |
Criminal Law and Procedure |
|
Mar. 26, 1999 | |
|
98-15277
|
Barren v. Harrington
Order |
|
Mar. 26, 1999 | ||
|
S070561
|
People v. Wynne
Order |
|
Mar. 26, 1999 | ||
|
S071336
|
Augustine v. Superior Court (People)
Order |
|
Mar. 26, 1999 | ||
|
97-0015
|
Benafield v. Industrial Commission of Arizona
Failure to hear treating physician's testimony regarding magnitude of plaintiff's injury is error. |
Workers' Compensation |
|
Mar. 25, 1999 |
