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Name Category Published
CSA 401(k) Plan v. Pension Professionals Inc.
Third-party administrators of ERISA plan, performing only ministerial functions, are not fiduciaries of the plan.
Labor Law Feb. 4, 2000
United States v. Sayakhom
Order
Feb. 4, 2000
Schell v. Witek
Order
Feb. 4, 2000
Bollard v. California Province of the Society of Jesus
'Ministerial exception' in Title VII doesn't bar sexual harassment suit against religious organization.
Employment Law Feb. 4, 2000
U.S. v. Narte
Conviction for illegal harvesting of shellfish may support sentence enhancement for creating a significant health risk.
Criminal Law and Procedure Feb. 4, 2000
U.S. v. Jin Han Kim
To support an aiding and abetting conviction, jury isn't required to unanimously agree on which act was the basis for criminal liability.
Criminal Law and Procedure Feb. 4, 2000
U. S. v. Sarkisian
Although defendants in related stolen car parts scheme and extortion attempt were improperly joined, error is harmless.
Criminal Law and Procedure Feb. 4, 2000
Del Bino v. Bailey (In re Bailey)
Where creditor did not have valid lien in settlement proceeds, debtor's use of the proceeds for his own purposes didn't constitute conversion.
Bankruptcy Feb. 4, 2000
County of Amador v. El Dorado County Water Agency
Environmental impact report is fundamentally flawed because it is predicated on a draft, unadopted general plan.
Environmental Law Feb. 4, 2000
All Alaskan Seafoods Inc. v. Raychem Corp.
Manufacturer cannot be immunized from product liability solely by virtue of fortuitous transfer.
Torts Feb. 4, 2000
Miles v. American Seafoods Co.
Release from liability for earlier injuries sustained on vessel, doesn't preclude same party from seeking 'maintenance and cure' for new injury.
Maritime Law Feb. 4, 2000
U.S. v. Messer
Commencement of trial for conspiracy to commit money-laundering 21 months after being arraigned violates Speedy Trial Act.
Criminal Law and Procedure Feb. 4, 2000
Catholic Social Services Inc. v. Immigration and Naturalization Service
Order
Feb. 4, 2000
Comedy III Productions Inc. v. New Line Cinema
Clip from 'The Three Stooges' film, later used in feature film, is not an enforceable trademark.
Intellectual Property Feb. 4, 2000
People v. Trevino
Sentence enhancement for prior-murder special circumstance is improper where prior murder conviction was received as juvenile.
Criminal Law and Procedure Feb. 3, 2000
People v. Rodriguez
Hearing to contest race-neutral preemptory challenge doesn't have to be conducted by original trial judge when reasons are objectively verifiable.
Criminal Law and Procedure Feb. 3, 2000
Qualls v. Lake Berryessa Enterprises Inc.
Mobilehome owner is licensee, not tenant, and can sue park owner under breach of contract theory.
Contracts Feb. 3, 2000
Kramer v. State Farm Ins. Co.
Policy covering injury arising from ownership, maintenance, or use of premises doesnt cover owners molestation of child on premises, obsent casual connection.
Insurance Feb. 3, 2000
Novak v. Low, Ball & Lynch
Insurer's counsel has duty to include insured's independent counsel in settlement negotiations and to fully exchange information.
Insurance Feb. 3, 2000
Wise v. Pacific Gas and Electric Co.
Primary jurisdiction doctrine is properly applied in action against utility company.
Civil Procedure Feb. 3, 2000
Jamestown Builders Inc. v. General Star Indemnity Co.
No-voluntary-payments provision precludes coverage for expenses voluntarily incurred by insured where insured fails to notify insurer before paying out settlement.
Insurance Feb. 3, 2000
Estate of Justesen
Unreasonable delay by personal representative and probate court as to decedent's will, doesn't defeat beneficiary's interest regarding entitlement distribution.
Probate and Trusts Feb. 3, 2000
Gonzales v. Southern California Edison Company
Liable party in wrongful death action may not avoid series of lawsuits by additional heirs when there is sufficient notice of potential claims.
Torts Feb. 3, 2000
Evens v. Superior Court (Los Angeles Unified School District)
Statutes and privacy laws don't prohibit schools from using unconsented video recordings of teacher in classroom for disciplinary actions.
Government Feb. 3, 2000
City of Palo Alto v. Service Employees International Union, Local 715
Reinstatement of employee, despite court injunction requiring employee to stay away from co-worker's place of employment, violates public policy.
Employment Law Feb. 3, 2000
People v. Anderson
In second degree murder charge, mother's failure to care for child after unassisted birth is not per se implied malice.
Criminal Law and Procedure Feb. 3, 2000
Hoechst Celanese Corp. v. Franchise Tax Board
Pension revension is not considered business income for purposes of the Uniform Division of Income for Tax Purposes Act.
Corporations Feb. 3, 2000
People v. Adan
Medical expert's testimony to establish that party falsified symptoms is not prohibited by the Penal Code in workers' compensation fraud proceeding.
Criminal Law and Procedure Feb. 3, 2000
Sporich v. Superior Court (People)
Sexually Violent Predator Act neither expressly nor impliedly requires sexually violent predator to undergo additional psychiatric interviews to make them current.
Criminal Law and Procedure Feb. 3, 2000
People v. Martinez
Uncertified computer printouts reporting felon's criminal history are admissible as evidence under official records exception to hearsay rule.
Criminal Law and Procedure Feb. 3, 2000