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Walker v. American Home Shield Long Term Disability Plan
Plan interpretations and factual determinations are encompassed in a de novo standard of review for insurance disability claim under ERISA. 		Employment Law Sep. 7, 1999
Recording Industry Assoc. of America v. Diamond Multimedia Systems
'Rio' portable music player isn't subject to restrictions of Audio Home Recording Act of 1992, as it isn't a 'digital audio recording device.' 		Intellectual Property Sep. 7, 1999
Clinton v. Babbitt
Members of Navajo Nation living on land belonging to Hopi Tribe can't proceed to court to dispute long-term leases where Hopi Tribe is an indispensable party. 		Native American Affairs Sep. 7, 1999
U.S. v. Mikaelian
State's failure to request downward departure from Sentencing Guidelines doesn't relieve trial court's duty to cooperation. 		Criminal Law and Procedure Sep. 7, 1999
Palomar Pomerado Health Center v. Belshe
Healthcare district established by state lacks standing to sue state officials in federal court challenging state statute on constitutional grounds. 		Government Sep. 7, 1999
Bankruptcy of Levander
The bankruptcy court has jurisdiction to amend an order awarding attorney fees to add a third-party judgment debtor. 		Bankruptcy Sep. 7, 1999
McKelvey v. Boeing North American Inc.
Claims are time-barred when plaintiffs admit publicity surrounding defendants' conduct and don't allege facts showing why they didn't make earlier discovery. 		Civil Procedure Sep. 7, 1999
Bankruptcy of Levander
The bankruptcy court has jurisdiction to amend an order awarding attorney fees to add a third-party judgment debtor. 		Bankruptcy Sep. 7, 1999
Grell v. Laci Le Beau Corp.
Suspension of corporate status doesn't toll statute of limitations against now-revived corporation. 		Civil Procedure Sep. 7, 1999
Heppler v. J.M. Peters Co. Inc.
Indemnitor must be negligent before subcontract with indemnity provision can be exercised. 		Contracts Sep. 7, 1999
Ehret v. Congoleum Corp.
In determining portion of settlement to be set off from economic damages, court must apply percentage of economic damages award in relationship to total award. 		Torts Sep. 7, 1999
Kim v. WCAB
Application of statutory payment cap on vocational rehabilitation benefits to interpreter fees doesn't violate equal protection. 		Workers' Compensation Sep. 7, 1999
Barnes v. WCAB
WCAB may terminate a provisional award of medical treatment more than five years after date of injury. 		Labor Law Sep. 7, 1999
State v. Tamplin
The trial court was proper in its jury instruction regarding the defendant's knowledge of the wrongfulness of his conduct. 		Criminal Law and Procedure Sep. 7, 1999
Nebel v. Sulak
Judgment debtor examinations are public judicial proceedings and may be observed by disinterested third parties. 		Civil Procedure Sep. 7, 1999
Ziman v. Fireman's Fund Insurance Co.
Liability policy's coverage for 'advertising injury' does not extend to hanging infringing painting in building lobby for broker's open house. 		Insurance Sep. 7, 1999
Davis v. Wood-Mizer Products Inc.
Defendant that pays judgment and also indemnifies settling defendant may not complain of plaintiff's excessive recovery. 		Torts Sep. 7, 1999
People v. Douglas
Order suspending defendant's sentence, granting probation, and declaring charged offenses to be misdemeanors isn't appealable. 		Criminal Law and Procedure Sep. 6, 1999
DeBerard Properties Ltd. v. Lim
Borrower can't waive anti-deficiency laws in forbearance agreement postdating original note and deed of trust. 		Contracts Sep. 6, 1999
People v. Ingram
'Return' of unpurchased merchandise for refund isn't theft where store knew of pretense before refunding money. 		Criminal Law and Procedure Sep. 6, 1999
Eric A., a Minor
Acknowledging that conditions still exist would justify juvenile court's initial assumption of jurisdiction waives right to appeal. 		Juveniles Sep. 6, 1999
Real v. Compton
Termination of officer because of inability to perform patrol duties insufficient to establish perception of disability under Americans with Disabilities Act. 		Employment Law Sep. 6, 1999
Saunders v. Weissburg & Aronson
Although attorney has fiduciary duty to clients to protect client's interests, that duty doesn't extend to co-counsel. 		Attorneys Sep. 6, 1999
Gibbs v. American Airlines Inc.
Notice to employer of cold or flu-like symptoms is not notice of a 'serious health condition' triggering state medical leave requirements. 		Employment Law Sep. 6, 1999
Depper v. Superior Court (People)
Summary probation revocation isn't determination of contested fact, and doesn't trigger time limitations on judicial peremptory challenge. 		Judges Sep. 6, 1999
People v. Duke
Admission of out-of-court statements by nontestifying co-defendant doesn't violate confrontation clause. 		Criminal Law and Procedure Sep. 6, 1999
Baby Girl B., a minor.
Refusal to hold evidentiary hearing before denying adoption petition and removing child from custody violates statute. 		Family Law Sep. 6, 1999
Gordon's Cabinet Shop v. State Compensation Insurance Fund
In coordination proceedings, the five-year statute of limitations is not tolled unless a stay is granted. 		Civil Procedure Sep. 6, 1999
People v. Hardy
Sentence of life without possibility of parole must be doubled for second-strike defendant. 		Criminal Law and Procedure Sep. 6, 1999
People v. Garcia
Court has discretion to dismiss prior convictions on a count-by-count basis so as not to sentence defendant within the Three Strikes Law. 		Criminal Law and Procedure Sep. 6, 1999
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