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Name Category Published
People v. Wernicke
Review granted
Criminal Law and Procedure May 8, 2000
Ramirez v. Yosemite Water Company
Salesperson spending majority of time away from employer premises is exempt from overtime laws.
Labor Law May 8, 2000
Ramirez v. Yosemite Water Co.
Salesperson spending majority of time away from employer's premises is exempt from overtime laws.
Labor Law May 8, 2000
Morillion v. Royal Packing Co.
Farm workers aren't entitled to compensation for time spent in required travel on company buses.
Labor Law May 8, 2000
Syntex Corporation v. Lowsley-Williams and Companies
Insurer not responsible for costs resulting from intentional release of hazardous substances.
Environmental Law May 8, 2000
Truck Insurance Exchange v. Superior Court (Peck/Jones Construction Corp.)
General liability policy affords no coverage for contractor's negligent failure to meet contractual deadline.
Insurance May 8, 2000
Marriage of Congdon
Parent with joint physical custody who isn't moving away can only modify custody decree by showing change in circumstances.
Family Law May 8, 2000
People v. Woods
Officer cannot enter residence to determine whether individual is violating probation, regardless of officer's subjective intent.
Criminal Law and Procedure May 7, 2000
Beck v. Prupis
Injury caused by overt act that is not racketeering or otherwise wrongful under RICO laws does not give rise to cause of action.
Torts May 7, 2000
Slack v. McDaniel
Habeas petitioner appealing dismissal after Death Penalty Act's effective date must first obtain certificate of appealability.
Criminal Law and Procedure May 7, 2000
Cramer v. Consolidated Freightways Inc.
When collective bargaining agreement contemplates electronic surveillance of employees by employer, Labor Management Relations Act preempts state law claims for invasion of privacy.
Labor Law May 7, 2000
People v. Wilds
Order
May 7, 2000
Aguilar v. Avis Rent A Car System
Properly limited jurisdiction barring manager's racist epithets in workplace will not be unconstitutional prior restraint.
Employment Law May 7, 2000
Klamath Water Users Protective Assoc. v. Patterson
Irrigators in Klamath Basin aren't third-party beneficiaries to contract governing management of Little River Dam.
Environmental Law May 5, 2000
Harman v. Apfel
District court decision to remand disability benefits case back to Social Security Administration for further proceedings is reviewable for abuse of discretion.
Administrative Agencies May 5, 2000
U.S. v. Hankey
Expert testimony regarding street gang 'code of silence' is admissible to rebut gang member's testimony.
Criminal Law and Procedure May 5, 2000
Marine Power & Equipment v. Dept. of Labor
Employer isn't eligible for second-injury reduction in liability benefits payable for worker's disability that may be materially greater because of preexisting condition.
Workers' Compensation May 5, 2000
Balice v. U.S. Dept. of Agriculture
Mitigating factors and grower's ability to pay need not be considered when imposing fines under Agriculture Marketing Agreement Act.
Administrative Agencies May 5, 2000
Hernandez v. Campbell
Before any other issue, court must first determine if habeas petition is filed pursuant to 28 U.S.C. Section 2241 or Section 2255.
Criminal Law and Procedure May 5, 2000
U.S. v. Byrne
When court indicates ruling wasn't final, verbal approval of acquittal motion isn't final judgment that terminates double jeopardy.
Criminal Law and Procedure May 5, 2000
U.S. v. Newman
Defendant's prison sentence may not be reduced by amount of time spent in drug-treatment facility while on pre-trial release.
Criminal Law and Procedure May 5, 2000
McDaniel v. Chevron Corp.
Mortality assumptions of ERISA-governed employee retirement plan may include forward adjustments to account for differences in life expectancy of males and females.
Employment Law May 5, 2000
U.S. v. Osborn
Where totality of circumstances supports officers' articulable facts justifying temporary detention, evidence seized is not tainted by illegality.
Criminal Law and Procedure May 5, 2000
U.S. v. Hernandez
Denial of accused's right to self-representation under Sixth Amendment renders guilty plea involuntary.
Criminal Law and Procedure May 5, 2000
H.C., a Minor
Federal courts shouldn't interfere in domestic disputes when adequate state forum to pursue federal claims exist and important state interests are implicated.
Juveniles May 5, 2000
G & G Fire Sprinklers Inc. v. Bradshaw
Order
May 5, 2000
Hydranautics v. NAJ FilmTec Corp.
Court finding that unsuccessful patent infringement action isn't objectively baseless does not preclude subsequent malicious prosecution suit.
Intellectual Property May 5, 2000
Prudential Real Estate Affiliates Inc. v. PPR Realty Inc.
Franchise agreement may reserve right of first refusal in franchisor to purchase shares of closely held franchisee.
Contracts May 5, 2000
Ward v. California Board of Equalization (In re Artisan Woodworkers)
Post-petition interest on nondischargeable tax debt is also nondischargeable.
Bankruptcy May 5, 2000
Huskey v. City of San Jose
Evidence of ostracism by coworkers, menial work assignments and managerial criticism is not enough to establish employee's claim for constructive discharge.
Employment Law May 5, 2000