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Name Category Published
Dillingham Construction N.A. Inc. v. County of Sonoma
National Labor Relations Act doesn't pre-empt state apprenticeship prevailing-wage law.
Labor Law Dec. 3, 1999
American Ad Management Inc. v. General Telephone Co. of California
Sellers of advertising space in telephone directories have standing to allege antitrust violations by directories' publishers.
Antitrust Dec. 3, 1999
Hunter v. Regents of the University of California
Race and ethnicity may be used in admission process for elementary school that is operated as research laboratory.
Civil Rights Dec. 3, 1999
U.S. v. Shipsey
When indictment charges only theft by false pretenses, court errs when it instructs jury that any wrongful taking constitutes theft.
Criminal Law and Procedure Dec. 3, 1999
Bell v. Hill
Prisoner is entitled to appointment of counsel for new trial motion, as case requiring appointment isn't a 'new rule.'
Criminal Law and Procedure Dec. 3, 1999
EIE Guam Corp. v. Supreme Court of Guam (Long-Term Credit Bank of Japan Ltd.)
Although Court of Appeals has jurisdiction to review issues of Guam law, it's not required if there's no federal question.
Civil Procedure Dec. 3, 1999
Redwood Empire Life Support v. County of Sonoma
Municipality may grant monopoly for ambulance services, including nonemergency transports, without violating Sherman Act.
Antitrust Dec. 3, 1999
U.S. v. Farhad
Defendant's repeated, unequivocal desire for self-representation is a valid waiver of the right to counsel.
Criminal Law and Procedure Dec. 3, 1999
U.S. v. Fox
Conspiracy to sell powered cocaine that is, or can be, foreseeably converted to crack cocaine may be considered for sentencing purposes.
Criminal Law and Procedure Dec. 3, 1999
U.S. v. Tucor International Inc.
Trucker engaged in shipping household goods to and from places within foreign country is exempt from prosecution in U.S. under Shipping Act.
Criminal Law and Procedure Dec. 3, 1999
Ross v. State of Alaska
Issue preclusion doctrine bars Republican Party from relitigating Alaska's primary blanket system since issue was already decided by Alaska Supreme Court.
Government Dec. 3, 1999
San Pablo v. Immigration and Naturalization Service
Under Immigration Reform Control Act district court has jurisdiction over claims alleging inadequate procedures of the Immigration and Naturalization Service.
Immigration Dec. 3, 1999
U.S. v. Hernandez-Franco
Several undocumented aliens found in defendant's van is sufficient to convict of attempting to transport undocumented aliens in violation of federal law.
Criminal Law and Procedure Dec. 3, 1999
U.S. v. Lawrence
Jury need not be instructed on defendant's theory of the case if other instructions entirely cover defendant's theory.
Criminal Law and Procedure Dec. 3, 1999
Alaska Center for the Environment v. U.S. Forest Service
Extension of one-year use permit for helicopter-guided recreation activities doesn't require environmental impact statement.
Environmental Law Dec. 3, 1999
Wetzel v. Lou Ehlers Cadillac Group Long Term Disability Insurance Program
Rule determining accrual date of ERISA claim against long-term disability insurance plan depends on policy's proof-of-loss provisions.
Insurance Dec. 3, 1999
Nabors Alaska Drilling Inc. v. NLRB
Unequal application of company's drug-use policies is an unfair labor practice.
Labor Law Dec. 3, 1999
Anderson v. Reno
District court erred in failing to consider relevant incidents that did not occur within 45 days of Equal Opportunity Employment Commission proceedings.
Employment Law Dec. 3, 1999
Insurance Co. of North America v. Federal Express Corp.
International air carrier isn't liable for employee's willful misconduct in stealing shipped goods while held in place not listed on air waybill.
Torts Dec. 3, 1999
Cowen Securities Corp. v. U.S. District Court (Randall)
Under Securities Litigation Reform Act, after grant of motion to dismiss class action suit without prejudice, court cannot permit discovery.
Securities Dec. 3, 1999
Tapia v. Roe
Erroneous aiding and abetting instruction is harmless error where jury's guilt finding of special circumstance murder required determination of intent.
Criminal Law and Procedure Dec. 3, 1999
The Ambassador Hotel Co. v. Wei-Chuan Investment
Loss causation for fraud in sale of securities requires showing that defendant's misrepresentations caused plaintiff's injury more than another factor.
Securities Dec. 3, 1999
Smith Jr. v. Stewart
Where lawyer fails to effectively present mitigating factors at defendant's resentencing hearing, defendant can't be sentenced to death.
Criminal Law and Procedure Dec. 3, 1999
U.S. v. Jackson
Federal sentencing guidelines which imposes mandatory drug testing while on supervised release isn't inconsistent with ex post facto clause.
Criminal Law and Procedure Dec. 3, 1999
California Credit Union League v. City of Anaheim
Cure of jurisdictional defect by joinder of United States as co-plaintiff does not result in prejudice to the parties.
Civil Procedure Dec. 3, 1999
7-Up Bottling Co. of Jasper Inc. v. Varni Brothers Corp.
Sherman Act price fixing violation based on circumstantial evidence must exclude possibility that defendant acted independently.
Antitrust Dec. 3, 1999
Avery Dennison Corp. v. Sumpton
Registration of a common surname on principal register doesn't satisfy requirement of 'famousness' under Federal Trademark Dilution Act.
Intellectual Property Dec. 3, 1999
U.S. v. Riley
Destruction of government agent's notes of conversations with its operatives isn't harmless error and requires reversal.
Criminal Law and Procedure Dec. 3, 1999
Gatlin v. Madding
When exhausting state court remedies, defendant's review petition to state supreme court cannot simply incorporate by reference arguments made to lower court.
Criminal Law and Procedure Dec. 3, 1999
Dictado v. Ducharme
Improperly filed state personal restraint petition doesn't toll time limitations of federal Antiterrorist and Effective Death Penalty Act.
Criminal Law and Procedure Dec. 3, 1999