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U.S. v. Martinez-Villalva
Court errs in enhancing sentence when government fails to prove by preponderance of evidence prison sentence of at least one year.
Criminal Law and Procedure Dec. 5, 2000
Lybrook v. The Members of the Farmington Municipal Schools Board of Education
School teacher fails to demonstrate adverse employment action by school district as required to establish First Amendment retaliation violation.
Employment Law Dec. 5, 2000
People v. Ellis
Order
Dec. 5, 2000
Evitt v. Durland
Order
Civil Procedure Dec. 5, 2000
U.S. v. Crosby
Order
Criminal Law and Procedure Dec. 5, 2000
Smith v. Saffle
Order
Prisoners Rights Dec. 5, 2000
U.S. v. Freeman
Order
Criminal Law and Procedure Dec. 5, 2000
U.S. v. Metzger
Bank robber who caused police to injure bystander is entitled to sentence enhancement for inflicting serious bodily injury.
Criminal Law and Procedure Dec. 5, 2000
Turnbull v. United States
Order
Dec. 4, 2000
Jackson v. United States
Order
Dec. 4, 2000
Patterson v. United States
Opinion
Dec. 4, 2000
People v. Jillo
Order
Dec. 4, 2000
Treweek v. City of Napa
Court's errs in granting city judgment on the pleadings based on decision that public ramp is trail for purposes of Governmental immunity.
Government Dec. 4, 2000
EEOC v. Luce, Forward, Hamilton & Scripps, LLP
Court is required to issue EEOC's injunction prohibiting employer from requiring employees to agree to arbitration of Title VII claims as condition of employment.
Employment Law Dec. 4, 2000
Bush v. Palm Beach County Canvassing Board
Order
Dec. 3, 2000
Bush v. Palm Beach County Canvassing Board
Order
Dec. 3, 2000
Jacoway v. Wolfe (In re Jacoway)
Bankruptcy court errs in failing to consider whether debtor's Individual Retirement Account was designed and used principally for retirement purposes.
Bankruptcy Dec. 3, 2000
Kawasaki Motors Corp., U.S.A. v. Superior Court (Saba A. Saba)
Court should apply substantial evidence, not independent judgment test, in reviewing New Motor Vehicle Board's decision regarding terminating dealer's agreement.
Administrative Agencies Dec. 3, 2000
People v. Superior Court (Gary)
Recommittment petition for sexually violent predator must be supported by two concurring psychological evaluations.
Criminal Law and Procedure Dec. 3, 2000
People v. Dey
Presence of marijuana in passenger compartment of automobile provides probable cause for search of trunk.
Criminal Law and Procedure Dec. 3, 2000
Plut v. Fireman's Fund Insurance Co.
Court does not err in reducing insured's damages award by amount of insurer's prior payments to insured and settlement proceeds.
Insurance Dec. 3, 2000
Thomas v. Gordon
Plaintiff who had no property interest in corporation may not sue accountant for failing to keep her apprised of financial affairs.
Civil Procedure Dec. 3, 2000
Maria D. v. Westec Residential Security, Inc.
Private security company is not responsible for rape its security guard commits while on duty because crime is not part of job.
Torts Dec. 3, 2000
In re Rubisela E.
Court finds substantial evidence of father's sexual abuse of daughter which places daughter and other siblings in danger.
Criminal Law and Procedure Dec. 3, 2000
Walt Rankin & Assoc. Inc. v. City of Murrieta
City has statutory duty to take measures to ensure sufficiency of surety executing payment bond.
Government Dec. 1, 2000
Alpha Therapeutic Corp. v. Franchise Tax Board.
Corporate franchise taxes are owed for the right of doing business in California and are not subject to Revenue and Taxation Code Section 33 exemptions.
Taxation Nov. 30, 2000
Norcal Mutual Insurance Company v. newton.
Party voluntarily seeking and accepting benefits of insurer accepts all terms of policy from which protection is sought, including mandatory submission to arbitration.
Insurance Nov. 30, 2000
Khajavi v. Feather River Anesthesia Medical Group
Physician's termination based on altercation with another physician over wisdom of proceeding with patient's surgery may violate public policy.
Employment Law Nov. 30, 2000
Ruscigno v. American National Can Company, Inc.
Action involving termination of employee for giving testimony during arbirtation held pursuant to collective bargaining contract is pre-empted by NLRA.
Labor Law Nov. 30, 2000
Ivy Trucking Inc. v. Creston Brandon Corporation
Claimant contracted to haul dirt for project subcontractor is entitled to enforce its rights arising out of stop notice.
Contracts Nov. 30, 2000