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Name Category Published
FRI Holdings Inc. v. Hartford Casualty Insurance Company
Insurer doesn't act in bad faith when it reasonably, if erroneously, denies claim.
Insurance Apr. 21, 1999
Marriage of Krempin
Husband's waiver of military pension after divorce can't be basis to deny former wife her share.
Family Law Apr. 21, 1999
Wilson, McCall & Daoro v. American Qualified Plans Inc.
If innocent indemnitee has to defend itself due to indemnitor's negligence, attorney fees are recoverable.
Torts Apr. 21, 1999
Grimes v. State Dept. of Social Services
State agency has discretion to determine whether living situation for disabled person is exempt from state licensing requirements.
Administrative Agencies Apr. 21, 1999
CBS Broadcasting Inc., v. Fireman's Fund Insurance Company
Statute of limitations for disability policies doesn't apply where no evidence that parties intended cast insurance policy to act as disability insurance.
Insurance Apr. 21, 1999
People v. Aubrey
Tactical decision to concede that defendant carried a 'dirk or dagger' isn't ineffective assistance of counsel.
Criminal Law and Procedure Apr. 21, 1999
State of Oregon v. Vargas
If parent doesn't have opportunity to work, his child support obligations can't be based on earning capacity.
Family Law Apr. 21, 1999
State v. Poplar
Prior acts of domestic violence are admissible against defendant charged with rape.
Criminal Law and Procedure Apr. 21, 1999
People v. Angel
An arrest, as opposed to issuance of an arrest warrant, doesn't qualify as commencement of prosecution within limitation period.
Criminal Law and Procedure Apr. 21, 1999
Edwardo V., a minor
Minor who takes bikes from an uninhabited garage, that apartment tenants share, can be guilty of residential burglary.
Juveniles Apr. 21, 1999
Washington Mutual Bank v. The Superior Court of Orange County (Briseno)
Certification of nationwide class proper despite choice of law clause in each class member's security instrument.
Civil Procedure Apr. 21, 1999
California Pacific Homes Inc. v. Scottsdale Insurance Co.
Full payment under primary policy is unnecessary to trigger duty to indemnify under excess policy.
Insurance Apr. 21, 1999
People v. Otis
Attorney for mentally disordered offender can waive jury on defendant's behalf.
Criminal Law and Procedure Apr. 21, 1999
People v. Oganesyan
Statute that provides for additional restitution fine is inapplicable if defendant's sentence doesn't currently allow for parole.
Criminal Law and Procedure Apr. 21, 1999
Broden v. Marin Humane Society
Owner of seized animals no longer has possessory interest when he fails to assure that animals will be provided with necessary care.
Criminal Law and Procedure Apr. 21, 1999
Monarch v. Southern Pacific Transportation Co.
Federal Employers' Liability Act pre-empts injured railroad employee's state law intentional tort claim of fraudulent concealment.
Torts Apr. 21, 1999
Jahr v. Casebeer
Form agreement requiring employees to submit to binding arbitration to resolve employment disputes is unenforceable where employer has unlimited judicial redress.
Civil Procedure Apr. 21, 1999
Schmitt v. Tri Counties Bank
Judgment on mechanic's lien action in favor of site improver against bank as successor in interest to construction lender and developer, is proper.
Real Property Apr. 21, 1999
Hu v. Silgan Containers Corp.
Dismissal for failure to pay filing fee is proper where elements for equitable tolling cannot be alleged.
Civil Procedure Apr. 21, 1999
Vuillemainroy v. American Rock & Asphalt Inc.
Workers' Compensation Act bars tort recovery despite employer's alleged criminal negligence
Workers' Compensation Apr. 21, 1999
Bonds v. Roy
Expert testimony may be excluded at trial where expert witness declaration doesn't provide for notice of subject matter.
Civil Procedure Apr. 21, 1999
People v. Williams
Defendant's motion to suppress must contain sufficient information for state to know what evidence it needs to present in response.
Criminal Law and Procedure Apr. 21, 1999
Apollo Media Corp. v. Reno, Atty Gen.
Order
Apr. 21, 1999
United States v. Haggar Apparel Co.
Regulations governing classification of imported goods are entitled to judicial defense in refund suit brought in the Court of International Trade.
Administrative Agencies Apr. 21, 1999
U.S. v. Crawford
Party seeking offset under Victim Witness Protection Act must demonstrate insurance proceeds are for same loss.
Criminal Law and Procedure Apr. 21, 1999
Synder v. Freight, Construction, General Drivers, Warehousemen and Helpers Local No. 287
Union's executive board can use union funds to obtain attorney and file action against union official who has violated his fiduciary duties.
Labor Law Apr. 21, 1999
Wiles v. Michelin North America Inc.
Injured employee who cannot perform job can be discharged during total disability.
Workers' Compensation Apr. 21, 1999
Jackson v. University of Colorado Hospital Authority
Order
Employment Law Apr. 21, 1999
U.S. v. Franklin
Order
Criminal Law and Procedure Apr. 21, 1999
U.S. v. Crowell
Order
Criminal Law and Procedure Apr. 21, 1999