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Scott Co. of California v. Blount Inc.
Despite verdict for less than settlement offer, attorney fees provision in contract allows for recovery of preoffer fees and costs.
Contracts Sep. 13, 1999
Daily Journal Corp. v. Superior Court (Merrill Lynch & Co. Inc. and Citron)
Trial court doesn't have inherent power to order the release of secret grand jury materials when no indictment is returned.
Government Sep. 13, 1999
American Continental Insurance Co. v. American Casualty Company of Reading, PA
Where primary insurer provides maximum coverage in wrongful-death action, insured's private insurance company must contribute to settlement too.
Insurance Sep. 13, 1999
Gregory v. State Board of Control
State Board of Control must obtain crime report from law enforcement, if not obtained by victim, under Victims of Crime Restitution Program.
Administrative Agencies Sep. 13, 1999
Rosales v. Depuy Ace Medical Co.
Using broad definition of 'power press', injuries from such machines aren't limited to workers' compensation recovery.
Workers' Compensation Sep. 12, 1999
Wyoming v. Houghton
Police officers may search passengers' personal effects where probable cause exists in automobile search.
Criminal Law and Procedure Sep. 9, 1999
Bonds v. Roy
Expert testimony may be excluded where expert witness declaration didn't provide fair notice of subject matter.
Torts Sep. 9, 1999
Del Monte Dunes at Monterey v. City of Monterey
Plaintiff is entitled to jury trial in inverse condemnation action.
Real Property Sep. 9, 1999
Aguirre-Aguirre v. INS
INS must consider alien's serious nonpolitical crimes committed outside U.S. in determining withholding of deportation.
Immigration Sep. 9, 1999
California Dental Assoc. v. Federal Trade Commission
Private trade association unreasonably restrains competition by using rules to restrict truthful and nondeceptive advertising.
Administrative Agencies Sep. 9, 1999
Gabbert v. Conn
Prosecutor isn't entitled to qualified immunity for executing search warrant against criminal defense attorney.
Civil Rights Sep. 9, 1999
Southern Ute Indian Tribe v. Amoco Production Co.
Tribe, as successor in interest to coal reserved to government, is owner of coal bed methane.
Native American Affairs Sep. 9, 1999
Roe v. Anderson
Recent migrants are entitled to preliminary injunction against law paying welfare benefits at previous residence rate.
Government Sep. 9, 1999
Ward v. Management Analysis Co.
Insurer of employer's employee benefit plan cannot deny benefits for untimely submission of proof of claim.
Labor Law Sep. 9, 1999
El Paso Natural Gas Co. v. Neztsosie
Price-Anderson Act doesn't bar Tribal Court from determining its jurisdiction over member's personal injury claim.
Native American Affairs Sep. 9, 1999
Murphy v. United Parcel Service
High blood pressure, treated with medication, doesn't substantially limit a major life activity for protection under the Americans with Disabilities Act.
Employment Law Sep. 9, 1999
Kirkingburg v. Albertson's Inc.
Employer can't require driver who has received federal vision waiver to meet basic federal vision standards.
Employment Law Sep. 9, 1999
Bockrath v. Aldrich Chemical Co.
Plaintiff allegedly injured by unidentified chemicals can't sue multiple defendants in hope of discovering tortfeasor.
Torts Sep. 9, 1999
Sierra Club v. San Joaquin Local Agency Formation Commission (Califia Development Group)
Action dismissed for failure to exhaust administrative remedies where plaintiffs didn't request reconsideration of agency ruling.
Government Sep. 9, 1999
Horwich v. Superior Court (Acuna)
Wrongful death action may be maintained by survivors of deceased uninsured motorist.
Torts Sep. 9, 1999
Preferred Risk Mutual Insurance Co. v. Reiswig
Notice of intent to sue health care provider doesn't toll limitations period for indemnity action.
Torts Sep. 9, 1999
Wyoming v. Houghton
Search of purse exceeded valid warrantless search of car and violated Fourth Amendment rights.
Criminal Law and Procedure Sep. 9, 1999
In re Real Property Known as 22249 Dolorosa Street
Claimants who successfully defend against even part of forfeiture action are prevailing parties and entitled to attorney fees.
Civil Procedure Sep. 8, 1999
Ginda v. Exel Logistics Inc.
Highest-ranking employee at worksite may be 'managing agent' for Fair Employment and Housing Act purposes.
Employment Law Sep. 8, 1999
Project Sentinel v. Evergreen Ridge Apartments
Organization's abstract social interests, and it expending funds on litigation to further its interests, doesn't create standing.
Civil Procedure Sep. 8, 1999
Armstrong v. Alicante School
School isn't liable under Individuals with Disabilities in Education Act for disabled student's injuries after ingestion of illegal drugs on campus.
Education Sep. 8, 1999
Drucker v. Greater Phoenix Transportation Co. Inc.
Motor Carrier Financial Responsibility laws require uninsured motorist coverage for drivers of passenger transport vehicles for hire.
Insurance Sep. 7, 1999
Planned Parenthood of Southern Arizona v. LaWall
Parental consent statute for abortion, containing provisions for intermediate judicial bypass and open-ended medical emergency, isn't constitutional.
Constitutional Law Sep. 7, 1999
Andriasian v. INS
Time alien spent in third country isn't sufficient to support denial of asylum unless alien is firmly resettled in third country.
Immigration Sep. 7, 1999
Morales v. Cooperative of American Physicians Inc.
California litigation privilege bars suit for negligent and intentional misrepresentation based on responses to interrogatories in prior medical malpractice suit.
Torts Sep. 7, 1999