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Name Category Published
Director, Office of Workers' Compensation Programs v. Coos Head Lumber & Plywood Co.
Administrative law judge's inference of existence of employee's medical record indicating pre-existing condition entitles employer to second injury fund coverage.
Workers' Compensation Dec. 30, 1999
B.C. v. Plumas Unified School District
Absent drug problem or reasonable suspicion, school officials can't permit drug-detecting dog to sniff students.
Civil Rights Dec. 30, 1999
U.S. v. Gracidas-Ulibarry
Government must only show that illegal alien had general intent to re-enter states without authorized consent.
Criminal Law and Procedure Dec. 30, 1999
Hunt v. Pasternack
Actual construction of a building isn't required for protection under the Architectual Works Copyright Act.
Intellectual Property Dec. 30, 1999
Montero v. AGCO Corp.
No constructive discharge exists when employee resigns months after harassment ceased and harassers were disciplined.
Employment Law Dec. 30, 1999
U.S. v. Kaluna
Under federal three strikes law, it's the government burden to demonstrate that prior offenses qualify as 'serious violent felonies.'
Criminal Law and Procedure Dec. 30, 1999
Bernstein v. U.S. Department of Justice
Order
Dec. 30, 1999
Laxmi Investments LLC v. Golf USA
California Franchise Relations Act, not franchise agreement, governs where venue is proper, especially without parties' meeting of the minds on forum selection.
Contracts Dec. 30, 1999
Investors Thrift v. Lam (In re Lam)
Bankruptcy creditor forfeits right to appeal from entry of default by failing to seek relief in the court where default was entered.
Bankruptcy Dec. 30, 1999
Santoro v. Foreclosures Services Corp.
Grant of summary judgment for defendant, where plaintiff is also granted leave to amend, isn't a final, appealable order.
Civil Procedure Dec. 30, 1999
U.S. v. Dawson
Failure to advise defendant of his right to confrontation and privilege against self-incrimination during plea proceedings is subject to harmless-error analysis.
Criminal Law and Procedure Dec. 30, 1999
U.S. v. Corrales-Beltran
Failure to advise alien that he had the right to appeal bail determination doesn't invalidate deportation when no prejudice shown.
Criminal Law and Procedure Dec. 30, 1999
Ferm v. U.S. Trustee (In re Crawford)
Fine imposed against nonattorney bankruptcy petition preparer for not disclosing social security number does not violate preparer's constitutional or privacy rights.
Bankruptcy Dec. 30, 1999
US West Communications v. MFS Intellect Inc.
Incumbent carrier's challenge to interim rates not ripe where permanent prices have not been fixed in generic price proceeding.
Government Dec. 30, 1999
Sutton v. Providence St. Joseph Medical Center
An employee's federal constitutional rights are not violated when a private employer requires a social security number as a hiring condition.
Employment Law Dec. 30, 1999
Helene Curtis Inc. v. Assessment Appeals Board of Los Angeles County
California Code of Regulations rule is valid in that it does not improperly conflict with Revenue and Taxation Code.
Taxation Dec. 30, 1999
U.S. v. Byrne
Oral granting of motion for acquittal isn't 'final judgment of acquittal,' and double jeopardy clause isn't violated.
Criminal Law and Procedure Dec. 30, 1999
U.S. v. Dutkel
Jury tampering by co-defendant requires conviction of defendant to be vacated, unless jury's deliberations regarding defendant aren't affected.
Criminal Law and Procedure Dec. 30, 1999
Merkel v. Commissioner of Internal Revenue
Guaranty is liability, for determining insolvency to exclude debt forgiveness from income, if guarantor would be called to pay guaranty before forgiveness.
Taxation Dec. 30, 1999
Broussard v. University of California at Berkeley
Employee isn't 'substantially limited' under the Americans with Disabilities Act if she cannot perform a particular, specialized job.
Employment Law Dec. 30, 1999
U.S. v. Portillo-Cano
Even though right to appeal was waived, defendant can still appeal if district court didn't explain nature of charges.
Criminal Law and Procedure Dec. 30, 1999
Cal-Almond Inc. v. U.S. Dept. of Agriculture
Federal marketing order requiring almond handlers to finance generic advertising doesn't violate First Amendment.
Administrative Agencies Dec. 30, 1999
Fink v. Shedler
Amendment to statute, limiting tolling of prisoners' causes of action to two years, may be applied retroactively.
Civil Procedure Dec. 30, 1999
B.J. Carney Industries Inc. v. U. S. Environmental Protection Agency
Appeal from Clean Water Act penalty assessment must be filed within 30 days of administrative law judge's order.
Environmental Law Dec. 30, 1999
GATX/Airlog Co. v. District Court (Bank of New York)
Vacating district court's disqualification order is proper where mootness of disqualification claim is brought about by independent action of third party.
Civil Procedure Dec. 30, 1999
Mendocino Environmental Center v. Mendocino County
Summary judgment isn't proper when genuine issue of fact exists whether police officers and federal agents conspired to interfere with political activities.
Government Dec. 30, 1999
Commercial Space Management Co. Inc. v. Boeing Co. Inc.
Filing notice of voluntary dismissal automatically terminates the case with respect to defendants who are subjects of the notice.
Civil Procedure Dec. 30, 1999
U.S. v. Lawton
Uncharged conduct, due to a plea bargain, can't be a basis for departing from the U.S. Sentencing Guidelines.
Criminal Law and Procedure Dec. 30, 1999
People v. Arndt
Enhancement for bodily injury doesn't preempt enhancement for injury causing victim to become comatose.
Criminal Law and Procedure Dec. 30, 1999
Jacobsen v. Marin General Hospital
When coroner has custody over brain-dead patient, neither hospital or harvesting organization has duty to seek familial consent for organ donation.
Torts Dec. 30, 1999