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Southern California IBEW-NECA Trust Funds v. Standard Industrial Electric Company
ERISA does not preempt stop notice and payment bond remedies for money owed to employees for work on public construction project.
Employment Law Jun. 28, 2001
CHW West Bay v. Thompson
Hospital was wrongfully denied bonus incentive when added costs were due to factors beyond its control.
Administrative Agencies Jun. 28, 2001
Weeks v. Bayer
Public employee's claim for unlawful retaliation in violation of First Amendment fails; comments about prison program's funding status not of 'public concern.'
Employment Law Jun. 28, 2001
Rodas-Mendoza v. INS
Petitioner not eligible for asylum because she did not demonstrate objectively reasonable fear of future persecution.
Immigration Jun. 28, 2001
Webster v. Public School Employees of Washington Inc.
Employee is exempt from Fair Labor Standards Act, but Washington Minimum Wage Act may apply if employer docks sick or vacation leave.
Labor Law Jun. 28, 2001
Kyung K., a Minor
Juvenile cannot be convicted of possession of razor with unguarded blade when he is found to have razor blade alone.
Juveniles Jun. 28, 2001
Howard Gunty Profit Sharing Plan v. Superior Court (In re Greenwood)
Lower court must determine whether abuse of class action process justifies limiting solicitation of potential plaintiffs.
Civil Procedure Jun. 28, 2001
Advanced Bionics Corp. v. Medtronic Inc.
Jun. 28, 2001
Crider v. The Board of County Commissioners of the County of Boulder
Government did not violate equal protection or property interest of residential owners where it designated their property as rural preservation district.
Constitutional Law Jun. 28, 2001
U.S. v. Morris
Defendant cannot be convicted of five counts of brandishing firearm based on two armed robberies.
Criminal Law and Procedure Jun. 28, 2001
Gonzales v. McKune
Although admission of hearsay confession and state's suppression of exculpatory evidence were improper, error was harmless.
Criminal Law and Procedure Jun. 28, 2001
U.S. v. Davidson
Defendant's conduct that was not state law enumerated offense when he committed federal crime cannot be compelled to register as sex offender.
Criminal Law and Procedure Jun. 28, 2001
Jackson v. East Bay Hospital
Hospital did not violate statute by failing to diagnose patient's emergency condition, where doctors treated symptoms and decided patient was stabilized.
Torts Jun. 28, 2001
Ramos v. INS
Applicant's false statements to asylum officer preclude good moral character finding and subsequent honesty doesn't remove applicant from deportation statute.
Immigration Jun. 28, 2001
U.S. v. Sigmond-Ballesteros
Border patrol agent was not justified in stopping motorist who shielded face after having light shone into vehicle.
Criminal Law and Procedure Jun. 28, 2001
U.S. v. Saya
Among other things, court does not abuse discretion in denying motion for new trial based on juror misconduct.
Criminal Law and Procedure Jun. 28, 2001
U.S. v. Silva
Police did not violate fourth amendment where defendants did not have reasonable expectation of privacy in shed that was searched.
Criminal Law and Procedure Jun. 28, 2001
People v. Weise
Jun. 28, 2001
Israni v. Superior Court (In re City of San Diego)
Property owner is not entitled to postponement of condemnation because city demonstrated urgent need for property.
Real Property Jun. 28, 2001
Torres-Aguilar v. INS
Under transitional immigration rules, INS's discretionary determination that petitioner didn't demonstrate extreme hardship isn't colorable constitutional claim subject to judicial review.
Immigration Jun. 28, 2001
Far Out Productions Inc. v. Oskar
Trademark not obtained fraudulently where parties signed new contracts transferring interest in band's name.
Intellectual Property Jun. 28, 2001
Perry v. Shaw
When common law battery has been proved MICRA's statutory limitation on noneconomic damages does not apply.
Torts Jun. 28, 2001
Luke W., a Minor
Unconventional pocketknife is not prohibited 'dirk or dagger' under Penal Code Section 12020.
Criminal Law and Procedure Jun. 28, 2001
Jiminez v. Rice
Order
Jun. 28, 2001
Orsini v. O/S Seabrooke O.N.
Summary judgment was improper because release from liability may be invalid if seaman had no independent legal advice and incorrect medical advice.
Maritime Law Jun. 28, 2001
City of Auburn v. Qwest Corp.
Utility must pay relocation costs to accommodate street improvements despite tariff that purports to shift costs to cities.
Government Jun. 28, 2001
U.S. v. Romo-Romo
Alien who never leaves United States has not been deported and cannot be convicted of illegal entry after deportation.
Immigration Jun. 28, 2001
Liberty Mutual Fire Insurance Co. v. McKenzie
Court erred by concluding defendant's insurable interest ceased when he purportedly transferred title to dead person.
Insurance Jun. 28, 2001
Brehm Communities v. Superior Court (In re Caldwell)
Court may not approve settlement until parties establish value of nonmonetary assets to be transferred.
Civil Procedure Jun. 28, 2001
Matsuk v. INS
Pursuant to federal statute, court lacks jurisdiction to review Board of Immigration Appeal's order of removal.
Immigration Jun. 28, 2001