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Name Category Published
Papike v. Tambrands Inc.
State failure-to-warn claim for tampon use injuries is pre-empted by Food, Drug, and Cosmetics Act.
Torts Jul. 25, 1999
Snell v. Bell Helicopter Textron Inc.
Manufacturer's design control and placement of aircraft component allegedly causing accident precludes 'military contractor' defense.
Torts Jul. 25, 1999
Hadsell v. IRS
Indigent prisoner is entitled to tax court assistance in obtaining documents to establish tax liability defense.
Taxation Jul. 25, 1999
Calderon v. U.S. District Court (Gordon)
State cannot challenge capital habeas corpus petitioner's request under Anti-Drug Abuse Act for investigation funds.
Criminal Law and Procedure Jul. 25, 1999
Wolitarsky v. Blue Cross of California
Discrimination claim under civil rights act providing independent right of action is still arbitrable.
Contracts Jul. 25, 1999
Recorded Picture Co. Ltd. v. Nelson Entertainment Inc.
Subdistributor of video is obligated under contract with distributor, not distributor's contract with movie producers.
Contracts Jul. 25, 1999
Everson v. United States
Taxpayer cannot depreciate nor receive tax credits for trees planted to prevent farm's soil erosion.
Taxation Jul. 25, 1999
Torres v. City of Santa Ana
Notice to appear doesn't toll limitations period for filing complaint alleging arrest using excessive force.
Civil Rights Jul. 25, 1999
U.S. v. Morales
Expert witness' opinion on predicate matter allows jury to infer whether defendant had required mens rea.
Criminal Law and Procedure Jul. 25, 1999
U.S. v. Eshkol
Government's addition of charge after learning of defense theory does not implicate due process concerns.
Criminal Law and Procedure Jul. 25, 1999
Bankruptcy of Kennedy
Bankruptcy court can enter monetary judgment on state law claim while making dischargeability determination.
Bankruptcy Jul. 25, 1999
Gilligan v. Jamco Development Corp.
Pleadings in housing discrimination suit need not allege each element of prima facie case.
Civil Rights Jul. 25, 1999
Budget Rent-A-Car v. Crawford
Despite no pending state litigation, district court must determine state-court remedies before exercising jurisdiction.
Civil Procedure Jul. 25, 1999
Magana v. Commonwealth of the Northern Mariana Islands
Public employee cannot sue Mariana Islands Commonwealth for money damages absent legislative cause of action.
Employment Law Jul. 25, 1999
Gutowsky v. County of Placer
Termination date starts statute of limitations running on claim against government for gender discrimination policy.
Employment Law Jul. 25, 1999
Alaska Wildlife Alliance v. Jensen
Commercial fishing is barred in national park's designated wilderness areas, but not in non-wilderness areas.
Environmental Law Jul. 25, 1999
U.S. v. Rutgard
No money laundering conviction if money withdrawn from account retaining all of fraudulently-derived funds.
Criminal Law and Procedure Jul. 25, 1999
Richards v. Lloyd's of London
Requiring English courts to apply English law to Lloyd's of London contracts with Americans is void.
Securities Jul. 25, 1999
Blueford v. Prunty
Prison employee is qualifiedly immune from inmate's same-sex harassment claim.
Prisoners Rights Jul. 25, 1999
Maricopa Audubon Society v. U.S. Forest Service
Freedom of Information Act precludes courts from denying valid requests for information on equitable grounds.
Government Jul. 25, 1999
People v. Gardeley
Defendant's prior offenses don't have to be gang related to satisfy statutory enhancements for gang activity.
Criminal Law and Procedure Jul. 25, 1999
Transport Insurance Co. v. Insurance Co. of North America
When premises owner has 'fronting policy', vehicle policy is primary for loss from loading or unloading.
Insurance Jul. 25, 1999
Duran v. Superior Court (People)
Defendant is entitled to hearing on request for juror's personal information based on possible juror misconduct.
Criminal Law and Procedure Jul. 25, 1999
People v. Jefferson
Three strikes law is inapposite to defendant with one strike and term for current offense is indeterminate.
Criminal Law and Procedure Jul. 25, 1999
Roy v. Gomez
Order
Jul. 25, 1999
Respondent X v. State Bar
Unusual circumstances surrounding attorney's willful violation of confidentiality order warrants private reproval.
Attorneys Jul. 25, 1999
Johnston v. State Bar
60-day period of actual suspension is appropriate for attorney's failure to perform competently.
Attorneys Jul. 25, 1999
Maricopa Audubon Society v. U.S. Forest Service
Report commissioned for agency's advice regarding allegations is exempt from Freedom of Information Act disclosure.
Government Jul. 25, 1999
People v. Harnden
Order
Jul. 23, 1999
U.S. v. Orendain
Order
Criminal Law and Procedure Jul. 23, 1999