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Penn v. Prestige Stations Inc.
Supreme Court ruling that no tort cause of action exists for spoilation of evidence by litigation adversary applies retroactively.
Torts Aug. 29, 2000
In re a Blue Chevy Astro
Vehicles used merely to transport fighting birds and equipment and not directly used in the fighting cannot be seized under forfeiture laws.
Criminal Law and Procedure Aug. 29, 2000
Planned Parenthood Golden Gate v. Superior Court (Foti)
Court abuses its discretion by issuing discovery order requiring disclosure of names, addresses and phone numbers of Planned Parenthood staff and volunteers.
Constitutional Law Aug. 29, 2000
Belmonte v. Employers Insurance Co.
Insurer does not owe duty to defend when no conceivable theory can bring claim within policy coverage.
Insurance Aug. 29, 2000
People v. Superior Court (Pfingst)
Deputy DA has no legitimate expectation of privacy with respect to his actions as public servant and therefore cannot assert privileges for any materials generated.
Criminal Law and Procedure Aug. 29, 2000
Dickson, Carlson & Campillo v. Pole
Equitable maxim to 'do equity' is not complete defense in accounting action and doesn't preclude recovery of damages in tort and contract.
Corporations Aug. 29, 2000
Dickson, Carlson & Campillo v. Pole
Equitable maxim to 'do equity' is not complete defense in accounting action and doesn't preclude recovery of damages in tort and contract.
Corporations Aug. 29, 2000
Joseph F., a Minor
Officer assigned to school was reasonably justified in detaining juvenile to determine purpose of his presence on campus.
Juveniles Aug. 29, 2000
Joseph F., a Minor
Officer assigned to school was reasonably justified in detaining juvenile to determine purpose of his presence on campus.
Juveniles Aug. 29, 2000
Johnson v. The Continental Insurance Co.
Statute doesn't require insurer to offer underinsured motorist coverage in amount equal to policy limits of umbrella coverage.
Insurance Aug. 29, 2000
Johnson v. The Continental Insurance Co.
Statute doesn't require insurer to offer underinsured motorist coverage in amount equal to policy limits of umbrella coverage.
Insurance Aug. 29, 2000
Gab Business Services Inc. v. Lindsey & Newsom Claim Services Inc.
Corporation officer who orchestrates mass exodus of corporations' employees to competitor breaches fiduciary duty.
Corporations Aug. 29, 2000
Desiree F., a Minor
Indian tribe must be notified of pending proceedings to terminate parental rights when child may be tribe member.
Native American Affairs Aug. 29, 2000
People v. Grayson
Convicted criminal may only be subject to one punishment although his criminal act may be punishable under several provisions.
Criminal Law and Procedure Aug. 29, 2000
Fire Insurance Exchange v. Hammond
Insurance company may sue under theory of subrogation where policy of insured/lessor is not intended for mutual benefit of lessee.
Insurance Aug. 27, 2000
People v. Superior Court (Berryman)
Filing of writ of habeas corpus alleging ineffective assistance of counsel is sufficient cause for people to make confidential funding request.
Criminal Law and Procedure Aug. 27, 2000
People v. Ayala
California Supreme Court upholds death penalty where defendant is convicted of attempted robberies and murders of three people.
Criminal Law and Procedure Aug. 27, 2000
Cable & Computer Technology Inc. v. Lockheed Sanders Inc.
Summary judgment is not proper when genuine issue of material fact exists as to whether there is enforceable oral agreement between parties.
Contracts Aug. 25, 2000
Van Gerwen v. Guarantee Mutual Life
District Court abuses discretion when adjusting, without explanation, attorney fees to reflect quality of work but not when refusing to award fees for work unrelated to record.
Employment Law Aug. 25, 2000
Ladha v. INS
BIA cannot require corroborative evidence to support credible testimony of aliens at asylum hearing.
Immigration Aug. 25, 2000
U.S. v. Kakatin
Safety-valve provision does not apply to convictions for distributing controlled substances within 1000 feet of school.
Criminal Law and Procedure Aug. 25, 2000
U.S. v. Boyd
Issuance of violation notice does not trigger Speedy Trial Act.
Criminal Law and Procedure Aug. 25, 2000
Does I through XXIII v. Advanced Textile Corp.
Plaintiffs, who have reasonable fear of retaliation, may conceal their identities from defendants until court rules on motion to notify potential class members.
Labor Law Aug. 25, 2000
Brooks v. City of San Mateo
Under Title VII, single episode of sexual harassment, followed by removal of harasser, does not support hostile work environment claim.
Employment Law Aug. 25, 2000
National Warranty Ins. Co. v. Greenfield
Oregon law regulating risk-retention groups is pre-empted by federal Liability Risk Retention Act.
Insurance Aug. 25, 2000
Alberto-Gonzalez v. INS
Alien sentenced to 79 days imprisonment for burglary conviction not deportable as aggravated felon under Immigration and Naturalization Act.
Immigration Aug. 25, 2000
Comer v. Stewart
Order
Aug. 25, 2000
Stanley v. McCormick, Barstow, Sheppard, Wayte & Carruth (In re Donovan Corp.)
Trustee has standing under 11 U.S.C. Section 307 to appeal bankruptcy judge's decision.
Bankruptcy Aug. 25, 2000
U.S. v. Fleming
No clear error in concluding defendant does not accept responsibility for offense upon his refusal to admit intent element at sentencing hearing.
Criminal Law and Procedure Aug. 25, 2000
Monterey Plaza Hotel v. Local 483
Hotel fails to establish RICO predicate against union because union did not attempt to obtain hotel property by deception during strike.
Civil Procedure Aug. 25, 2000