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Name Category Published
In re Advanced Tissue Sciences Securities Litigation
The most adequate plaintiff in a class action suit pursuant to the Private Securities Litigation Reform Act, is the one with the largest financial interest.
Securities May 24, 2001
Breakzone Billiards v. City of Torrance
Councilman's notice of appeal provides sufficient notice of grounds upon which an appeal to the granting of conditional use permit is taken.
Civil Procedure May 24, 2001
Goffney v. Family Savings and Loan Association
Statute permits a nonjudicial foreclosure sale to be conducted on the seventh day after termination of a court order precluding the sale.
Real Property May 24, 2001
People v. Belcher
Review granted
May 24, 2001
Great Lakes Higher Education Corporation v. Brown (In re Brown)
Bankruptcy court has equitable powers to partially discharge debtor's debt to the point that undue hardship no longer exists.
Bankruptcy May 24, 2001
Daniels v. Philip Morris Co.
Each member of class action suit must meet element in controversy requirement, despite Judicial Improvement Act's creation of supplemental jurisdiction.
Civil Procedure May 24, 2001
State v. Lusby
Trial court erroneouly believed it lacked discretion to refer drug offender to work ethic camp.
Criminal Law and Procedure May 24, 2001
Griset v. Fair Political Practices Commission
Order
May 24, 2001
People v. Diaz
Court applies three strikes law and punishment enhancement provision in sentencing habitual rapist.
Criminal Law and Procedure May 24, 2001
Sherman Way Townhomes Inc. v. Superior Court (Eugene H. Twarowski III Inc.)
Order
May 24, 2001
Estrada v. Speno & Cohen
Amended opinion
May 24, 2001
People v. Acosta
Statute that permits prior bad acts in domestic violence case doesn't violate due process or equal protection clause.
Criminal Law and Procedure May 23, 2001
Redwood Coast Watersheds Alliance v. California State Board of Forestry
Grant of declaratory relief is proper to clarify mandatory duties of state agency under California Forest Practice Act.
Environmental Law May 23, 2001
Mora v. Phoenix Indemnity Insurance Co.
Insurer does not forfeit right to intervene in damages hearing when it breaches its duty to give equal consideration to settlement offer.
Civil Procedure May 23, 2001
People v. Belcher
'One-strike' law, imposing mandatory life sentence for certain crimes, subjects defendant to only one life sentence per victim per single occasion.
Criminal Law and Procedure May 23, 2001
People v. Bohannon
Court errs in sentencing convicted rapist by failing to order preparation of probation report to be considered at sentencing.
Criminal Law and Procedure May 23, 2001
Silo v. CHW Medical Foundation
Order
May 23, 2001
Walter v. Wilkinson
Evaluation to determine if individual is sexually violent person must include separate examinations by experts within short-time frame.
Criminal Law and Procedure May 23, 2001
State v. Burden
Criminal charges must be dropped when State loses materially exculpatory evidence.
Criminal Law and Procedure May 23, 2001
State v. Williams
Evidence of lack of criminal history should have been admitted to rebut testimony of defendant's reputation as thief.
Criminal Law and Procedure May 23, 2001
McDonald v. Dept. of Labor and Industries of the State of Washington
Labor department's reopening of workers' compensation claim is not admission by party opponent.
Employment Law May 23, 2001
Diaz v. National Car Rental Systems Inc.
Supplemental liability insurance purchased when renting a car operates as primary liability coverage, not excess coverage.
Insurance May 23, 2001
Selenke v. Medical Imaging of Colorado
Employee with sinus condition fails to establish disability discrimination because employer altered workplace ventilation and offered alternative positions.
Employment Law May 23, 2001
Major League Baseball Players Assoc. v. Garvey
Court of appeals errors in overturning arbitrator's award because it disagreed with arbitrator's factual findings.
Civil Procedure May 23, 2001
Cooper Industries Inc. v. Leatherman Tool Group Inc.
Appellate courts must review constitutionality of punitive damage awards de novo, rather than for abuse of discretion by district court.
Constitutional Law May 23, 2001
Chamberlain v. Shanks
Order
Criminal Law and Procedure May 23, 2001
U.S. v. 1,100 Machine Gun Receivers
Order
Criminal Law and Procedure May 23, 2001
American Citizen Children v. Ashcroft
Order
Constitutional Law May 23, 2001
New Mexico Cattle Growers Association v. U.S. Fish and Wildlife Service
United States Fish and Wildlife Service improperly refused to consider economic factors when designating critical habitat for Southwestern Willow Flycatcher.
Environmental Law May 23, 2001
Keys Youth Services, Inc. v. City of Olathe
Group home for troubled adolescent males does not have "familial status" as defined by Fair Housing Act.
Real Property May 23, 2001