| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
96-70973
|
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 | |
|
97-17287
|
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 | |
|
98-50610
|
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 | |
|
97-16853
|
Hunt v. Pasternack
Actual construction of a building isn't required for protection under the Architectual Works Copyright Act. |
Intellectual Property |
|
Dec. 30, 1999 | |
|
98-16806
|
Montero v. AGCO Corp.
No constructive discharge exists when employee resigns months after harassment ceased and harassers were disciplined. |
Employment Law |
|
Dec. 30, 1999 | |
|
96-10527
|
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 | |
|
97-16686
|
Bernstein v. U.S. Department of Justice
Order |
|
Dec. 30, 1999 | ||
|
98-15758
|
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 | |
|
97-16711
|
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 | |
|
98-56755
|
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 | |
|
98-16625
|
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 | |
|
98-50595
|
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 | |
|
97-16646 and 97-16653
|
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 | |
|
98-35146 and 98-35203
|
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 | |
|
99-55050
|
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 | |
|
B128111
|
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 | |
|
98-50405
|
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 | |
|
98-55338
|
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 | |
|
98-70420
|
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 | |
|
97-17389
|
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 | |
|
98-10189
|
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 | |
|
98-16921
|
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 | |
|
98-15668
|
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 | |
|
98-70315
|
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 | |
|
98-70732
|
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 | |
|
97-17375
|
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 | |
|
97-56439
|
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 | |
|
98-30267 and 98-30283
|
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 | |
|
G021783
|
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 | |
|
97-16139
|
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 |