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Name Category Published
People v. Gaines
Prosecutor commits misconduct by attempting to tell jury why defense witness did not testify. 		Criminal Law and Procedure Jul. 19, 1999
Narayan v. INS
Order 		Jul. 19, 1999
Wilson v. Science Applications International Corp.
Public members, not parties to proceedings, can challenge continued need for order sealing record. 		Civil Procedure Jul. 19, 1999
Ng v. Superior Court (People)
Discretion is abused by relieving appointed defense counsel absent factual showing of impairment by representation. 		Criminal Law and Procedure Jul. 19, 1999
Byrne v. Laura
Estate's rejection of creditor claim by surviving companion breaches deceased's support agreement. 		Probate and Trusts Jul. 19, 1999
Braun v. The Chronicle Publishing Co.
News reporting activity is protected from defamation suit by Strategic Lawsuit Against Public Participation statute. 		Torts Jul. 19, 1999
Westinghouse Electric Corp. v. General Circuit Breaker & Electric Supply Inc.
In trademark infringement action, equitable defenses don't require proof plaintiff knew about defendant's alleged counterfeiting. 		Intellectual Property Jul. 19, 1999
Steen v. John Hancock Life Insurance Co.
Prior action litigating insurance reserve's ERISA status, isn't preclusive in subsequent action by plan trustees. 		Labor Law Jul. 19, 1999
Laborers Union Local No. 324 v. NLRB
Union doesn't commit unfair labor practice by barring solicitation and literature distribution in hiring halls. 		Labor Law Jul. 19, 1999
Bankruptcy of Jones
Surplus equity must exist in California homestead property at recording of judgment abstract for lien attachment. 		Bankruptcy Jul. 19, 1999
Bostanian v. Liberty Savings Bank F.S.B.
Action to set aside foreclosure sale of debtor's residence is property of bankruptcy estate. 		Bankruptcy Jul. 19, 1999
People v. Barrett
No mistake of law instruction necessary after defendant fails to show evidence warrants instruction. 		Criminal Law and Procedure Jul. 19, 1999
Bankruptcy of Niles
Debtor has burden of proof in nondischargeability proceeding based on defalcation while acting as fiduciary. 		Bankruptcy Jul. 19, 1999
U.S. v. Washington
Evidence that accomplice had gun supports conviction for 'use' of firearm during crime of violence. 		Criminal Law and Procedure Jul. 19, 1999
Key Bank of Washington v. Southern Comfort
Seaman's lien for wages from ship in foreclosure survives bank's sale and purchase of vessel. 		Maritime Law Jul. 19, 1999
Little v. IRS
Continuous and substantial property sales and purchases by dealer bars capital gains treatment for income. 		Taxation Jul. 19, 1999
U.S. v. Ruelas
Jurisdictional challenge based on defective indictment is not waived by plea agreement appeal waiver. 		Criminal Law and Procedure Jul. 19, 1999
Fireman's Fund Ins. Co. v. Alaskan Pride Partnership
Inability to find cause of vessel's sinking doesn't preclude finding of bad faith by insurer. 		Insurance Jul. 19, 1999
U.S. v. Bonat
Plea transcripts are used to determine status of prior convictions under Armed Career Criminal Act. 		Criminal Law and Procedure Jul. 19, 1999
Philips v. Perry
U.S. Navy can discharge member who admits engaging in off-duty homosexual acts with civilians. 		Employment Law Jul. 19, 1999
U.S. v. Flores-Uribe
Sentencing court lacks jurisdiction to issue deportation order at defendant's request without request from INS. 		Criminal Law and Procedure Jul. 19, 1999
U.S. v. Reyes-Oseguera
Defendant's flight on foot through busy vehicular traffic is sufficient to support enhancement for reckless endangerment. 		Criminal Law and Procedure Jul. 19, 1999
Bankruptcy of Los Angeles International Airport Hotel Associates
State taxing agency doesn't have to submit documentation to support proof of claim created by statute. 		Bankruptcy Jul. 19, 1999
U.S. v. Kimble
Concurrent sentences aren't required if one undischarged prison term is not related to current offense. 		Criminal Law and Procedure Jul. 19, 1999
U.S. v. Zink
Defendant's acquiescence to restitution order relieves court of further duty to determine ability to pay. 		Criminal Law and Procedure Jul. 19, 1999
Adler v. The Federal Republic of Nigeria
No sovereign immunity for foreign state if payment under disputed agreement must occur in U.S. 		Government Jul. 19, 1999
Alvarez-Machain v. U.S.
Torture Victim Protection Act applies to events prior to its enactment. 		Torts Jul. 19, 1999
Rouser v. White
Religious Freedom Restoration Act is appropriate standard for resolving an inmate's suit against prison officials. 		Prisoners Rights Jul. 19, 1999
Don King Productions/Kingvision v. Ferreira
Club cannot seek indemnity for airing unauthorized boxing broadcast claiming satellite company didn't scramble signal. 		Contracts Jul. 19, 1999
Schenck v. Pro-Choice Network of Western New York
Although fixed zone protecting abortion patients entering clinics is constitutional, floating zone violates First Amendment. 		Constitutional Law Jul. 19, 1999
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