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Name Category Published
Isreal v. Marshall
No due process violation by Corrections Department's failure to offer to pay for prisoner's transfer.
Criminal Law and Procedure Jun. 15, 1999
Harris v. Roderick
'Special rules of engagement' based on federal agents' lies don't support qualified immunity for shooting suspect.
Civil Rights Jun. 15, 1999
Industrial Truck Assoc. Inc. v. Henry
Occupational Safety and Health Act pre-empts California's toxic regulations for manufacturers not registered with federal agency.
Environmental Law Jun. 15, 1999
U.S. v. Loyola-Dominguez
Trial court errs in failing to hold competency hearing for defendant who attempted suicide before trial.
Criminal Law and Procedure Jun. 15, 1999
U.S. v. Baggett
Sentencing court must specify which restitution statute applies in sentencing order for telemarketing fraud conviction.
Criminal Law and Procedure Jun. 15, 1999
Contra Costa Water District v. Vaquero Farms Inc.
Government can sever and reserve windpower rights to landowner after taking property by eminent domain.
Real Property Jun. 15, 1999
216 Sutter Bay Associates v. County of Sutter
Brown Act isn't violated by board of supervisors-members elect since law doesn't apply to them.
Government Jun. 15, 1999
Sullivan v. Delta Air Lines
Violation of the Alcohol and Drug Rehabilitation Act cannot support action for tortious wrongful termination.
Employment Law Jun. 15, 1999
Forty-Niner Truck Plaza Inc. v. Union Oil Co. of California
Statute governing gas station franchises isn't pre-empted by federal act when franchise sold to third party.
Contracts Jun. 15, 1999
People v. Crutcher
Defendant's contention of prejudice by prosecutor's dismissal of Hispanic jurors is rejected.
Criminal Law and Procedure Jun. 15, 1999
Abdirahman S., A Minor
No error in failure to consider issue of informal adjudication if juvenile doesn't request it.
Juveniles Jun. 15, 1999
Sunrise Retirement Villa v. Placer County Assessor
Error in change of ownership determination is correctable at any time, not subject to statute of limitations.
Taxation Jun. 15, 1999
Zavala v. Arce
Mother, whose child died in utero, has damages claim against doctor for direct victim emotional distress.
Torts Jun. 15, 1999
People v. Smith
Negligence doesn't satisfy the mental state required for conviction of assault with a deadly weapon.
Criminal Law and Procedure Jun. 15, 1999
Chong v. Superior Court (HBZ Finance Ltd.)
Local proceedings must be stayed absent evidence foreign courts will not provide due process.
Civil Procedure Jun. 15, 1999
People v. Fox
Garage attached to house is considered part of inhabited structure for purpose of defining burglary.
Criminal Law and Procedure Jun. 15, 1999
Downs v. The Dept. of Water and Power of the City of Los Angeles
One-year statute of limitations is tolled during processing of charge by Equal Employment Opportunity Commission.
Employment Law Jun. 15, 1999
Schultz v. PLM International Inc.
For standing, plaintiff must be participant in ERISA plan on filing date of lawsuit against plan's fiduciary.
Labor Law Jun. 15, 1999
Boykin v. Boeing Co.
Additional compensation by hourly overtime pay doesn't defeat employee's exempt status under statutory salary-basis test.
Labor Law Jun. 15, 1999
N/S Corp. v. Liberty Mutual Insurance Co.
Plaintiff's multiple breaches of appellate briefing rules warrants striking brief and dismissing appeal.
Civil Procedure Jun. 15, 1999
Summers v. A. Teichert & Son Inc.
In failure to accommodate action, plaintiff must show request for acceptable assignment and employer's refusal.
Employment Law Jun. 15, 1999
Jones v. United States
No liability for unplanned child when doctors fail to warn of antibiotics effect on birth control.
Torts Jun. 15, 1999
Del Monte Dunes at Monterey v. City of Monterey
Order
Jun. 15, 1999
Bankruptcy of The Circle K. Corp.
Defaulting Chapter 11 debtor renews lease although lease provision bars defaulting lessee from doing so.
Bankruptcy Jun. 15, 1999
State of Montana v. Gilham
Sovereign Immunity bars plaintiff's unconsented action against state in Indian tribal court.
Torts Jun. 15, 1999
Bankruptcy of Gomes
Ability to pay percentage of unsecured debt under plan was grounds to dismiss Chapter 7 case.
Bankruptcy Jun. 15, 1999
Bankruptcy of Sylvester
Portion of malpractice action proceeds was for 'personal injury' and exempt if necessary for support.
Bankruptcy Jun. 15, 1999
Jones v. The Pep Boys Manny Moe & Jack of California
Single claim involving benefits in employment case isn't enough to trigger ERISA pre-emption.
Employment Law Jun. 15, 1999
Leonard v. People
Rerouting traffic by moving freeway off-ramp doesn't require compensation for loss of benefit.
Real Property Jun. 15, 1999
U.S. v. Barron
Order
Jun. 15, 1999