| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
95-70700
|
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 | |
|
95-15920
|
Bankruptcy of Jones
Surplus equity must exist in California homestead property at recording of judgment abstract for lien attachment. |
Bankruptcy |
|
Jul. 19, 1999 | |
|
B102938
|
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 | |
|
C016755
|
People v. Barrett
No mistake of law instruction necessary after defendant fails to show evidence warrants instruction. |
Criminal Law and Procedure |
|
Jul. 19, 1999 | |
|
95-55968
|
Bankruptcy of Niles
Debtor has burden of proof in nondischargeability proceeding based on defalcation while acting as fiduciary. |
Bankruptcy |
|
Jul. 19, 1999 | |
|
96-10106
|
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 | |
|
95-35787
|
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 | |
|
95-70240
|
Little v. IRS
Continuous and substantial property sales and purchases by dealer bars capital gains treatment for income. |
Taxation |
|
Jul. 19, 1999 | |
|
95-10441
|
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 | |
|
95-35551 and 95-35579
|
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 | |
|
95-10556
|
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 | |
|
95-35293
|
Philips v. Perry
U.S. Navy can discharge member who admits engaging in off-duty homosexual acts with civilians. |
Employment Law |
|
Jul. 19, 1999 | |
|
96-30156
|
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 | |
|
96-50076 and 95-50079
|
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 | |
|
96-55797
|
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 | |
|
95-30253
|
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 | |
|
95-50534
|
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 | |
|
96-56119
|
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 | |
|
95-55464
|
Alvarez-Machain v. U.S.
Torture Victim Protection Act applies to events prior to its enactment. |
Torts |
|
Jul. 19, 1999 | |
|
93-767
|
Rouser v. White
Religious Freedom Restoration Act is appropriate standard for resolving an inmate's suit against prison officials. |
Prisoners Rights |
|
Jul. 19, 1999 | |
|
96-0063
|
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 | |
|
95-1065
|
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 | |
|
96-713
|
Bibles v. Oregon Natural Desert Assoc.
Order |
|
Jul. 19, 1999 | ||
|
95-50492
|
U.S. v. Cordoba
Unstipulated polygraph evidence is not per se inadmissible. |
Criminal Law and Procedure |
|
Jul. 19, 1999 | |
|
95-10525
|
U.S. v. Bramble
Eagle Protection Act is constitutional under the commerce clause. |
Criminal Law and Procedure |
|
Jul. 19, 1999 | |
|
G018069
|
People v. Kelley
Stalking case after contempt prosecution and conviction does not violate prohibition against successive prosecutions. |
Criminal Law and Procedure |
|
Jul. 19, 1999 | |
|
S057557
|
McMillan v. Superior Court (Nelson)
Plaintiff's lawyer cannot be ordered to pay client's portion of court-ordered discovery referee fee. |
Civil Procedure |
|
Jul. 19, 1999 | |
|
S041629
|
People v. Hickles
Order |
|
Jul. 19, 1999 | ||
|
A070573
|
Stirlen v. Supercuts, Inc.
Governing state law pertaining to unconscionable contracts is not pre-empted by Federal Arbitration Act. |
Contracts |
|
Jul. 19, 1999 | |
|
94-294
|
U.S. v. Mendoza
Jurisdiction isn't lost after prosecutor with defective appointment appears post-indictment and conducts case. |
Criminal Law and Procedure |
|
Jul. 19, 1999 |