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Name Category Published
Hicks v. Pacific Bell
No breach of implied convenant of good faith where employer makes good faith determination misconduct occurred. 		Employment Law Aug. 10, 1999
People v. Taylor
Accepted cure of error by court in disallowing defense peremptory challenges waives new venire right. 		Criminal Law and Procedure Aug. 10, 1999
People v. Guiuan
Court has sua sponte duty to tailor accomplice instruction relating only to testimony favorable to prosecution. 		Criminal Law and Procedure Aug. 10, 1999
Estate of Condon
Out-of-state attorney, who is not licensed in california, isn't prohibited from receiving attorney fees. 		Probate and Trusts Aug. 10, 1999
Estate of Joseph
Claimant isn't entitled to interstate distribution as decedent's child without adoption by decedent. 		Probate and Trusts Aug. 10, 1999
Andreacchi v. The Price Co.
Amendments to the fair employment and housing act don't change workers' compensation law's exclusivity provisions. 		Workers' Compensation Aug. 10, 1999
People v. Tillis
Prosecutor's failure to provide discovery of defense expert's arrest for drug use is harmless error. 		Criminal Law and Procedure Aug. 10, 1999
Valley Medical Transport Inc. v. Apple Valley Fire Protection District
Fire district is estopped from assorting right to resume as jurisdiction's exclusive ambulance services provider. 		Government Aug. 10, 1999
Cuadra v. Bradshaw
Statute of limitations for administrative claim involving wage dispute is tolled on date. 		Labor Law Aug. 10, 1999
Janas v. McCracken
Circumstantial evidence of deliberate misconduct must be factually pleaded in detail to prevail under Private Securities Litigation Reform Act. 		Securities Aug. 10, 1999
Thomas F. Casey, III County Counsel County of San Mateo
County recorder can't accept notice of disclosure document for recordation that gives notice of proximity of airport, power lines, and other problems for specified real property. 		Real Property Aug. 9, 1999
U.S. v. Doe
Law requiring parental notification of juvenile's arrest doesn't apply to juveniles held by tribal authorities. 		Criminal Law and Procedure Aug. 9, 1999
Borja v. INS
Attack against alien by homeland insurgents, which was partially for economic reasons, doesn't precluded grant of asylum based on political persecution. 		Immigration Aug. 6, 1999
U.S. v. Hanousek
The government doesn't have to prove criminal negligence in violation of Clean Water Act, only "ordinary' negligence is required. 		Criminal Law and Procedure Aug. 6, 1999
Wehrli v. County of Orange
State administrative decision, made without record, on employee's wrongful discharge claim doesn't have preclusive effect on employee's federal suit. 		Employment Law Aug. 6, 1999
Kearney v. Standard Insurance Co.
In ERISA disability benefits claim, district court needn't consider new evidence if it could have been provided earlier and record is sufficient to permit adequate de novo review. 		Insurance Aug. 6, 1999
Marshak v. Ballesteros
In legal malpractice action, client must show that he would have received better result if attorney had recommended rejection of settlement offer. 		Attorneys Aug. 6, 1999
U.S. v. Kim
Additional jury instruction corrects erroneous instruction on entrapment stating defendant guilty if he was willing to commit crime before government contact. 		Criminal Law and Procedure Aug. 6, 1999
Berry v. Valence Technology Inc.
Article in industry publication doesn't put investors on inquiry notice which begins one-year statute of limitations for security fraud action. 		Securities Aug. 6, 1999
Briones v. INS
Confidential government informer has well founded fear of persecution if name on assassination list of insurgents he informed against. 		Immigration Aug. 6, 1999
Simula Inc. v. Autoliv Inc.
Arbitration agreement must be construed broadly as encompassing all disputes having origin in contract. 		Contracts Aug. 6, 1999
U.S. v. One 1997 Mercedes, E420
The 60-day period for the government to file a civil forfeiture action applies to claim alleging laundering of drug money. 		Civil Procedure Aug. 6, 1999
Newman v. American Airlines Inc.
If sufficient evidence shows airline acts unreasonably in refusing passage, summary judgment in Air Carrier Access Act claim is improper. 		Civil Rights Aug. 6, 1999
United States v. 4.0 Acres of Land
News report of juror's view on a witness's testimony at trial isn't proper basis for new trial in federal condemnation action. 		Real Property Aug. 6, 1999
Bernstein v. U.S. Department of Justice
Federal regulation that limits distribution of encryption software violates the First Amendment as a prior restraint. 		Constitutional Law Aug. 6, 1999
Bankruptcy of Shoen
State judgment requiring creditor to sell stock to debtor for principal amount plus interest isn't subject to prohibition of postpetition interest on unsecured claims. 		Bankruptcy Aug. 6, 1999
McElwaine v. US West Inc.
Employee who sues employer is entitled to award of attorney fees under ERISA, despite employer's intention to pay wrongly withheld benefits. 		Employment Law Aug. 6, 1999
Babbitt v. Woodford
Under the Antiterrorism and Effective Death Penalty Act, dismissal of claims previously presented in a federal habeas petition is required. 		Criminal Law and Procedure Aug. 6, 1999
Prescott v. County of El Dorado
Financial statements accompanying fair-share agency fee notices sent to employees who aren't union members must be audited. 		Labor Law Aug. 6, 1999
Boyd Gaming Corp. v. Commissioner of Internal Revenue
Employer providing 'closed campus' workplace is entitled to 100 percent income tax deduction for free meals provided to employees. 		Taxation Aug. 6, 1999
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