| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
98-50100
|
U.S. v. Mayfield
Where trial court permits admittance of prejudicial evidence against co-defendant, defendant is entitled to severance trial. |
Criminal Law and Procedure |
|
Dec. 3, 1999 | |
|
98-10395
|
U.S. v. Mattarolo
Veteran officer who stops truck and conducts pat-down search after observing truck leave construction site at night with crate isn't Fourth Amendment violation. |
Criminal Law and Procedure |
|
Dec. 3, 1999 | |
|
98-16394
|
Hertzberg v. Dignity Partners Inc.
Investors, who purchased stock more than 25 days after initial offering, had standing to bring Section 11 claim against corporation. |
Securities |
|
Dec. 3, 1999 | |
|
96-16528
|
Bogovich v. Sandoval
Prisoner's Americans With Disabilities Act claim isn't required to be brought as a habeas corpus petition. |
Criminal Law and Procedure |
|
Dec. 3, 1999 | |
|
96-17277 and 97-16237
|
Madrid v. Gomez
The attorney fees limitations imposed by the Prison Litigation Reform Act do not burden prisoners' fundamental right of access to the courts. |
Prisoners Rights |
|
Dec. 3, 1999 | |
|
97-55233 and 97-55573
|
Biggs v. Best, Best & Krieger
Council members who threaten to fire law firm due to firm's attorney family members political involvement are entitled to qualified immunity defense. |
Government |
|
Dec. 3, 1999 | |
|
97-56546
|
Wayne v. Pacific Bell
Where employer seriously considers changing ERISA benefits, employer has affirmative duty to disclose this intent to union during collective bargaining agreement. |
Labor Law |
|
Dec. 3, 1999 | |
|
98-50513
|
U.S. v. Scrivener
Imposing two-level sentence enhancements for both vulnerable victims and Senior Citizens Against Marketing Scams Act isn't impermissible double-counting. |
Criminal Law and Procedure |
|
Dec. 3, 1999 | |
|
97-56757
|
Heliotrope General Inc. v. Ford Motor Company
Issuer isn't liable for fraud on market based on failure to disclose tax strategy if pre-purchase market information includes offering's tax purpose. |
Securities |
|
Dec. 3, 1999 | |
|
98-55662
|
Bins v. Exxon Co. U.S.A.
Employer-fiduciary must disclose information about proposed changes to participants and beneficiaries of existing ERISA plan. |
Labor Law |
|
Dec. 3, 1999 | |
|
98-10032
|
U.S. Court of Appeals v. Laney
Conviction for distribution of child pornography requires pecuniary gain, but barter of images for other images or stories may satisfy requirement. |
Criminal Law and Procedure |
|
Dec. 3, 1999 | |
|
98-50308
|
U.S. v. Boa
For sentence determination for counterfeiting computer documents, 'retail value' of fake manual cannot exceed retail price of genuine manual. |
Criminal Law and Procedure |
|
Dec. 3, 1999 | |
|
97-17174
|
McQuirk v. Donnelley
Sheriff's allegedly defamatory statements about former employee aren't privileged communications or protected by governmental immunity. |
Torts |
|
Dec. 3, 1999 | |
|
97-55004
|
Tolbert v. Gomez
Trial court's prima facie determination of whether jury selection was discriminatory is given a presumption of correctness by appellate court. |
Criminal Law and Procedure |
|
Dec. 3, 1999 | |
|
98-10164
|
U.S. v. Tidwell
Statute prohibiting sale of American Indians' 'cultural patrimony' items isn't unconstitutionally vague. |
Criminal Law and Procedure |
|
Dec. 3, 1999 | |
|
97-55642 and 97-55650
|
In re Real Property Known as 22249 Dolorosa Street
Claimants who successfully defend against even part of a forfeiture action are prevailing parties and entitled to attorney fees. |
Civil Procedure |
|
Dec. 3, 1999 | |
|
S082189
|
In re Franklin K.P. Moore on Discipline
Order |
|
Dec. 3, 1999 | ||
|
S082193
|
In re Mintz on Disciplined
Order |
|
Dec. 3, 1999 | ||
|
S083130
|
Blasiar Inc. v. Firemans Fund Ins. Co.
Opinion |
|
Dec. 3, 1999 | ||
|
S082182
|
Department of Social Services v. John G. (In re Carlos G.)
Dependency court needn't apply Indian Child Welfare Act after notices sent to tribes yield only replies that minor isn't child under Act. |
Juveniles |
|
Dec. 3, 1999 | |
|
S082192
|
In re Meshack on Discipline
Order |
|
Dec. 3, 1999 | ||
|
S082945
|
Pfau v. Hapkido
Police officer engaging in martial arts training assumes risk of injury.a |
Torts |
|
Dec. 3, 1999 | |
|
S078004
|
Pacific Gas and Electric Co. v. Public Utilities Commission
Review granted |
|
Dec. 3, 1999 | ||
|
S082257
|
In re Flannick on Discipline
Order |
|
Dec. 3, 1999 | ||
|
98-35116
|
Lyons v. Alaska Teamsters Employer Services Corp.
District court's remand order based solely on lack of subject matter jurisdiction is unreviewable by the appellate court. |
Civil Procedure |
|
Dec. 2, 1999 | |
|
97-17008
|
Morrow v. State Bar of California
First Amendment right of state bar members isn't violated by state bar conducting political activities beyond those for which mandatory financial support is justified. |
Attorneys |
|
Dec. 2, 1999 | |
|
S083288
|
Salazar v. Superior Court (People)
Order |
|
Dec. 2, 1999 | ||
|
S081555
|
In the Matter of the Suspension of Attorneys for Nonpayment of Dues
Order |
|
Dec. 2, 1999 | ||
|
S012261
|
People v. Alvarez
Order |
|
Dec. 2, 1999 | ||
|
98-1778
|
GMAC Mortgage Corp. v. Salisbury (In re Loloee)
Due process is denied when a lien priority dispute is resolved in a sale motion without an adversary proceeding. |
Bankruptcy |
|
Dec. 2, 1999 |