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People v. Madeyski
Defendant is not entitled to court-appointed counsel in Penal Code Section 502.01 forfeiture proceedings that are considered civil in nature.
Civil Procedure Feb. 20, 2002
Gandarela v. Johnson
Affidavits of new witnesses fail to provide colorable claim of innocence necessary to pass through 'Schlup' gateway.
Criminal Law and Procedure Feb. 20, 2002
In re Sena
Prisoner's challenge of parole denial should be heard in court that imposed sentence.
Criminal Law and Procedure Feb. 20, 2002
Marriage of Hubner
Feb. 20, 2002
Fireman's Fund Insurance Companies v. Atlantic Richfield Co.
ARCO, as 'additional insured,' is covered under subcontractor's general liability policy for 'liability arising out of' work performed on ARCO property.
Insurance Feb. 20, 2002
Ryan v. California Interscholastic Federation
High school athlete has no protectable right to participate in sports under federal or state constitution.
Constitutional Law Feb. 20, 2002
Jackson v. Pacific Gas & Electric Co.
Recreational use immunity statute bars negligence suit for injuries resulting from kite retrieval from power line.
Civil Procedure Feb. 20, 2002
U.S. v. Gallaher
Treaty regarding hunting rights did not deprive district court of jurisdiction to try Native American for possession of ammunition.
Native American Affairs Feb. 20, 2002
Atonio v. Wards Cove Packing Co. Inc.
District court's findings in favor of employer in final appeal of a 1974 Title VII case were not erroneous.
Civil Rights Feb. 20, 2002
Lucas Automotive Engineering Inc. v. Bridgestone/Firestone Inc.
Relevant market, for purposes of Clayton Act violation, does not require claimant to establish sub-market to proceed with action.
Antitrust Feb. 20, 2002
Everhart v. Allmerica Financial Life Insurance Co.
Spouse of deceased employee is barred by ERISA from suing third-party insurer for unpaid life insurance benefits.
Employment Law Feb. 20, 2002
Lohnes v. Astron Computer Products Inc.
Court should have permitted intervenor to cure complaint after underlying action had already been dismissed.
Civil Procedure Feb. 20, 2002
Bradley v. Harris Research Inc.
California statute regarding franchise agreements is preempted by Federal Arbitration Act.
Civil Procedure Feb. 20, 2002
Brewster v. Shasta County
County sheriff department is subject to Section 1983 liability for actions resulting from crime investigations.
Government Feb. 20, 2002
City of Sacramento v. WCAB
'Fire recruit' is not firefighter entitled to enhanced benefits under Labor Code Section 4850.
Workers' Compensation Feb. 20, 2002
Russell v. Hug
Federal district court may require members of indigent defense panel to belong to California bar association.
Attorneys Feb. 20, 2002
Moore v. California Institute of Technology Jet Propulsion Laboratory
"Whistleblower" is protected under False Claims Act from retaliatory acts of employer.
Government Feb. 20, 2002
Irvine Medical Center v. Thompson
Repeal of Medicare's 'carry-forward' regulation did not contravene congressional intent and was not arbitrary or capricious.
Administrative Agencies Feb. 20, 2002
Citizens for Jobs and the Economy v. County of Orange
Initiative that restricts county's ability to convert marine station to civilian airport is invalid.
Government Feb. 20, 2002
Truck Insurance Exchange v. County of Los Angeles
Despite being an additional insured, indemnification is proper since policy did not cover additional insured's negligence in medical malpractice suit.
Insurance Feb. 20, 2002
Bialo v. Western Mutual Insurance Co.
Claim for denial of insurance coverage for damages resulting from the 1994 Northridge earthquake is entitled to extended statute of limitations.
Insurance Feb. 20, 2002
In re Karen R., a Minor
Male sibling of female victim of forcible incestuous rape also faced substantial risk of sexual abuse and was properly declared dependent.
Juveniles Feb. 20, 2002
City of Oakland v. California Public Employees' Retirement System
Airport servicemen were properly classified as 'local firefighters' for purpose of pension benefits.
Employment Law Feb. 20, 2002
Marriage of Gance
Husband's concealment of assets in divorce case did not support independent equitable action for fraud.
Family Law Feb. 20, 2002
People v. Green
Post-trial motion to correct sentence must be brought within three years.
Criminal Law and Procedure Feb. 20, 2002
Lewitz v. Forath Family Trust
Easement appurtenant to property runs with conveyance of property.
Real Property Feb. 20, 2002
Keenan v. Superior Court (Sinatra)
California's 'Son of Sam' statute isn't overinclusive, and is constitutional, because it only applies to stories sold by convicted felons.
Constitutional Law Feb. 20, 2002
People v. Keller
Defendant's right to counsel is not violated when undercover cop obtains incriminating statements of crimes other than crime already charged.
Criminal Law and Procedure Feb. 20, 2002
People v. Keller
Order
Feb. 20, 2002
California Teachers' Assn. v. Governing Board of Hilmar Unified School District
One-time payment to teachers based on one criterion that is neither training nor experience does not violate uniform pay laws.
Employment Law Feb. 20, 2002