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Name Category Published
Louie v. Gdowski
Homeowner whose landscaping increased flood damage to neighbor is subject to more stringent standard of liability than negligence.
Torts Jan. 4, 2001
People v. Younger
Jury instructions that allow jury to consider prior offenses as inference that boyfriend committed murder are not harmless error.
Criminal Law and Procedure Jan. 4, 2001
People v. Drennan
School superintendent's conviction for recording confidential communications in prinicpal's office is reversed.
Criminal Law and Procedure Jan. 4, 2001
Malone v. Equitas Reinsurance Limited, et al.
Personal jurisdiction does not exist when foreign insurance company does not solicit business or have sufficient contacts in California.
Civil Procedure Jan. 4, 2001
Villa Milano Homeowners Association v. Davorge
Binding arbitration clause does not prevent homeowners from suing for construction and design defects.
Contracts Jan. 4, 2001
People v. Thornton
Defendant who volunteered statement about drug use was not prejudiced by admission of statement at trial.
Criminal Law and Procedure Jan. 4, 2001
People v. Baniqued
Rooster or other birds qualify as animals for purposes of animal cruelty statutes found in Penal Code.
Criminal Law and Procedure Jan. 4, 2001
Farnam v. State of California
Suit by city police officer bitten by CHP police dog is barred by assumption of risk doctrine.
Torts Jan. 4, 2001
Rogers v. Peinado
Party who agreed to resolve contractual dispute through private arbitration may not subsequently sue for malicious prosecution.
Contracts Jan. 4, 2001
County of Los Angeles v. Superior Court (Crystal B.)
Court errs in granting minors' application for relief from claim-filing requirements when juvenile court's appointment of independent counsel caused tort claims to accrue.
Family Law Jan. 4, 2001
City and County of San Francisco v. Givens
Clear and convincing evidence that alleged father didn't have access to mother rebuts presumption of paternity.
Family Law Jan. 4, 2001
Hi-Voltage Wire Works Inc. v. City of San Jose
City program requiring contractors to seek minority and female participation violates California Constitution.
Constitutional Law Jan. 4, 2001
People v. Amin
Court does not abuse discretion in ordering employee who received workers compensation to pay restitution to defrauded insurance carrier.
Insurance Jan. 4, 2001
Aas v. Superior Court (In re William Lyon Co.)
Construction defects that do not cause physical damage do not support claim of negligence or strict liability.
Torts Jan. 4, 2001
People v. Duarte
Post-arrest statements not specifically disserving to declarant's interest and lacking sufficient indica of trustworthiness do not qualify for exception to hearsay rule.
Criminal Law and Procedure Jan. 4, 2001
Hawaii Teamsters and Allied Workers Union, Local 996 v. United Parcel Service
Arbitrator's ruling confirming employee's discharge should be vacated for misinterpreting labor contract.
Labor Law Jan. 3, 2001
Shoafera v. INS
Rape by government official due to ethnicity establishes that Amharic woman suffered past persecution.
Immigration Jan. 3, 2001
U.S. v. Jimenez-Frias
Providing transportation to illegal aliens even in course of employment is sufficient to find liability.
Criminal Law and Procedure Jan. 3, 2001
Downs v. Los Angeles Unified School District
School principal's order that teacher remove bulletin board conveying anti-gay sentiments is not violation of teacher's free speech rights.
Civil Rights Jan. 3, 2001
Howard v. Everex Systems Inc.
CEO, who acting with scienter, signs SEC filing containing misrepresentations is liable as primary violator of Security Exchange Act Section 10(b).
Corporations Jan. 3, 2001
National Association for the Advancement of Psychoanalysis v. California Board of Psychology
State licensing requirement for psychologists does not violate free speech or association rights.
Constitutional Law Jan. 3, 2001
Cole v. Oroville Union High School District
Students' free speech, equitable claims are moot because they have graduated, but damage claims fail because speech violated Establishment Clause.
Constitutional Law Jan. 3, 2001
Shewfelt v. Alaska
Court's failure to provide accused with opportunity to be present at playback of trial testimony violates Sixth Amendment, but is harmless error.
Criminal Law and Procedure Jan. 3, 2001
U.S. v. Maggio
Police had probable cause to unlock car of defendant who provided inconsistent answers and failed to furnish identification.
Criminal Law and Procedure Jan. 3, 2001
U.S. v. Juvenile
Mandatory transfer of juvenile to adult status based on certain predicate offenses is not violation of due process and equal protection.
Juveniles Jan. 3, 2001
U.S. v. Juvenile
Obtaining criminal confession of foreign juvenile prior to notifying guardian or consulate is prejudicial.
Juveniles Jan. 3, 2001
Simkins v. NavadaCare
Health insurance covering chemotherapy and blood transfusions includes coverage for high-dose chemotherapy with peripheral stem cell rescue for recurrence of breast cancer.
Insurance Jan. 3, 2001
Charles v. Hickman
Evidence of prior offense resulting in acquittal may be introduced if governed by a lower standard of proof than in previous trial.
Criminal Law and Procedure Jan. 3, 2001
U.S. v. Mondragon
Prosecutor's comments that influence court to impose harsher sentence breaches plea agreement and requires defendant to be resentenced.
Criminal Law and Procedure Jan. 3, 2001
Snake River Valley Electric Assn. v. Pacificorp
Idaho's Electronic Supplier Stabilization Act is not state-sponsored restraint of competition that is immune from antitrust scrutiny because it fails two-prong test.
Antitrust Jan. 3, 2001