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Name Category Published
Scherr v. Colorado Dept. of Revenue
Evidence of inaccurate breath test warrants reversal of driver license revocation.
Administrative Agencies Sep. 4, 2002
People v. Al-Yousif
Saudi Arabian defendant understood 'Miranda' warning.
Criminal Law and Procedure Sep. 4, 2002
Sachtjen v. American Family Mutual Insurance Co.
Insurance company may be liable for damages in accident where vehicle was being driven by conditional vendee rather than policy holder.
Insurance Sep. 4, 2002
Jagow v. E-470 Public Highway Authority
Damage award to remainder property arising from eminent domain proceeding isn't supported by evidence.
Real Property Sep. 4, 2002
Owens v. Industrial Claim Appeal Office.
Claimant not entitled to compensation for medical benefits where treatment unrelated to industrial injury.
Workers' Compensation Sep. 4, 2002
U.S. v. Shores
Order
Sep. 4, 2002
Opinion of Lockyer
County recorders may not implement electronic recordation of documents in their respective jurisdictions other than in counties of Orange and San Bernardino.
Government Sep. 4, 2002
Ferrell v. Grubbs
Order
Sep. 4, 2002
U.S. v. Chewey
Order
Sep. 4, 2002
Pollard v. Galaza
Voluntary statement obtained in violation of defendant's Miranda rights may be admitted at trial to impeach defendant.
Criminal Law and Procedure Sep. 3, 2002
Vizcaino v. Microsoft Corp.
Attorney fees award of 28 percent of cash settlement fund for class, amounting to $27,127,800, is not an abuse of discretion.
Attorneys Sep. 3, 2002
Osband v. Woodford
Protective order limiting state's use of materials discovered is not clear error.
Criminal Law and Procedure Sep. 3, 2002
Renick v. Dun & Bradstreet
Debt collector's request for payment did not violate debtor's right to challenge validity of debt.
Business Law Sep. 3, 2002
Planned Parenthood of the Columbia/Willamette Inc. v. American Coalition of Life Activists
Anti-abortion activists' posters targeting abortion providers are 'true threats' not protected by First Amendment.
Constitutional Law Sep. 3, 2002
U.S. v. Davis
Domestic violence call was not exigent circumstance sufficient to justify warrantless search.
Criminal Law and Procedure Sep. 3, 2002
U.S. v. Torres-Palma
Sentence imposed through video conference violates requirement that defendant be physically present at sentencing.
Criminal Law and Procedure Sep. 3, 2002
Padfield v. AIG Life Insurance Co.
Death caused by autoerotic asphyxiation is covered under ERISA-governed accidental death insurance policy.
Insurance Sep. 3, 2002
Nickel v. Bank of America National Trust & Savings Assn.
Bank trustee must remedy fee overcharges by returning any profits plus interest.
Probate and Trusts Sep. 3, 2002
Carrillo v. Su (In re Su)
Tort judgment for negligence committed with 'malice' may be dischargeable in bankruptcy.
Bankruptcy Sep. 3, 2002
Angulo-Dominguez v. Ashcroft
Party is ineligible for relief under Registry Statute because of his record of lawful entry and his convictions for controlled substance violations.
Immigration Sep. 3, 2002
U.S. v. Weaver
Crime of equity skimming merely requires proof of transfer of title, not that real estate was purchased for adequate consideration.
Criminal Law and Procedure Sep. 3, 2002
United States for the Use and Benefit of Walton Technology Inc. v. Weststar Engineering Inc.
Federal subcontractor's unjust enrichment claim is precluded by settlement agreement.
Government Sep. 3, 2002
Gibson v. County of Washoe
Jury could conclude from evidence of inmate's death that county's policies posed substantial risk of serious harm and chose to ignore risk.
Prisoners Rights Sep. 3, 2002
People v. Trujillo
Defendant's voluntary, unwarned statements cannot be used to rebut defense theory or to impeach witness other than defendant.
Criminal Law and Procedure Sep. 3, 2002
Fielder v. Academy Riding Stables
Stable owner is not immune from liability for damages related to failure of rider to control horse.
Torts Sep. 3, 2002
Amadeo v. Principal Mutual Life Insurance Co.
Claim for bad faith denial of disability benefits was based on insurer's arbitrary interpretation of 'substantial duties.'
Insurance Sep. 3, 2002
U.S. v. Alvarez-Becerra
Order
Sep. 3, 2002
People of Guam v. Guerrero
Controlled substance statute does not substantially burden Rastafarian's right to freely exercise his religion.
Constitutional Law Sep. 3, 2002
Franklin v. Johnson
Absent a showing of prejudice, Counsel's deficient representation will not warrant habeas relief.
Criminal Law and Procedure Sep. 3, 2002
Baker v. Gourley
DMV cannot suspend license for drunk driving without court proceeding unless chemical test indicates blood-alcohol level.
Administrative Agencies Sep. 3, 2002