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Name Category Published
Memmer v. Marin County Courts
Providing visually impaired party with an interpreter to assist in trial is sufficient reasonable accommodation under Americans with Disabilities Act.
Civil Rights Apr. 29, 1999
Warn v. M/Y Maridome
Foreign maritime law, rather than the Jones Act, applies where accident involving yacht flying British flag occurs in Grecian waters.
Maritime Law Apr. 29, 1999
California Democratic Party v. Jones
Ballot initiative opening state primary elections to all registered voters, regardless of party affiliation, doesn't violate parties' First Amendment association rights.
Government Apr. 29, 1999
Natural Resources Defense Council Inc. v. Southwest Marine Inc.
Private citizens can seek civil monetary penalties for on-going violations of the Clean Water Act.
Environmental Law Apr. 29, 1999
Lake Tahoe Watercraft v. Tahoe Regional Planning Agency
Congressional consent to bi-state compact is conscious effort by state participants to impose federal sanction on actions affecting important regional interests.
Environmental Law Apr. 29, 1999
U.S. v. Santa Ynez Band of Chumash Mission
California is in compliance with Indian Gaming Regulatory Act obligations and Indian Tribes must cease all Class III gaming.
Native American Affairs Apr. 29, 1999
Bankruptcy of Pederson
Debtor can't avoid judgment lien that attaches to homestead property upon acquisition of the property.
Bankruptcy Apr. 29, 1999
WRS Motion Picture v. Post Modern Edit Inc.
Removal to federal court on diversity grounds requires remand under 'no-local-defendant' rule unless case has already proceeded to judgment on merits.
Civil Procedure Apr. 29, 1999
Elsaas v. County of Placer
District court doesn't have jurisdiction over wrongful termination case brought by county employees where there is no diversity or pendent party jurisdiction.
Civil Procedure Apr. 29, 1999
McGarry v. Board of County Commissioners of the County of Pitkin
Manager's characterization of hirings as 'affirmative action' shows reverse discrimination.
Civil Rights Apr. 29, 1999
Dang v. Unum Life Insurance Company of America
Insurance contract needs forfeiture provision to deny claim outside notice period.
Insurance Apr. 29, 1999
Powell v. United States Postal Service
Order
Civil Rights Apr. 29, 1999
Brothers v. United States Parole Commission
Order
Criminal Law and Procedure Apr. 29, 1999
Wilder v. United States of America
Order
Prisoners Rights Apr. 29, 1999
Vasquez v. Lemaster
Order
Criminal Law and Procedure Apr. 29, 1999
City of Sierra Vista v. Director, Arizona Department of Environmental Quality
When a legislative enactment amends a statute, but cannot be understood without reference to the earlier statute, then the enactment is unconstitutional.
Government Apr. 29, 1999
Teachers Insurance & Annuity Association v. Furlotti
For mandatory preliminary injunction to issue, petitioning party must demonstrate reasonable probability of prevailing on merits at trial.
Real Property Apr. 28, 1999
Basic Modular Facilities Inc. v. Ehsanipour
Plaintiff is entitled to recover actual amount owed on property under mechanics' lien statute.
Real Property Apr. 28, 1999
Justin C., a Minor
Dependency petition must be dismissed where first trial occurs two years and seven months after petition is filed.
Juveniles Apr. 28, 1999
People v. Kroncke
Requiring driver involved in injury accident to identify himself as the driver doesn't violate right against self-incrimination.
Criminal Law and Procedure Apr. 28, 1999
People v. Leng
Prior juvenile adjudication that isn't a serious or violent felony can't be used to impose second 'strike' sentence.
Criminal Law and Procedure Apr. 28, 1999
Bergeron v. Dept. of Health Services
California Department of Health Services doesn't violate due process by withholding Medi-Cal provider's fees without administrative hearing.
Administrative Agencies Apr. 28, 1999
Alexis W., a Minor
Parent petitioning for child custody modification must show changed circumstances and best interest of child.
Juveniles Apr. 28, 1999
People v. Superior Court (Howard)
Due process not violated when victim's hearsay statements are admitted at probable cause hearing.
Criminal Law and Procedure Apr. 28, 1999
Sy First Family Limited Partnership v. Cheung
Although stipulation uses the term 'reference' in its title, parties' conduct supports finding for arbitration.
Civil Procedure Apr. 28, 1999
Kinney v. United Healthcare Services Inc.
Arbitration clause unconscionable and unenforceable if it lacks mutuality and allows no opportunity for employee to negotiate terms.
Employment Law Apr. 28, 1999
Conroy v. Spitzer
Act forbidding strategic lawsuits against public participation bars defamation suit based on negative campaigning statements which has reliable basis.
Torts Apr. 28, 1999
A.M. Classic Construction Inc. v. Tri-Build Development Co.
Where essential question is inadvertently omitted during arbitration, arbitrator may amend award to resolve omitted question.
Contracts Apr. 28, 1999
Iraheta v. Superior Court (Los Angeles County District Attorney's Office)
Due process doesn't require appointment of counsel for Indigent defendants in nuisance abatement action for injunctive relief.
Constitutional Law Apr. 28, 1999
Fischer v. Los Angeles Unified School District
School board not required to give 24-hour written notice when evaluating performance of probationary teacher.
Education Apr. 28, 1999