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Name Category Published
People v. Tello
Appellate court shouldn't set aside verdict unless it is confident all relevant facts have been developed.
Criminal Law and Procedure Jul. 9, 1999
Hitchcock v. Mercury Insurance Co.
Coverage exclusion for insured's injury claims also excludes coverage for claims by vehicle's registered owner.
Insurance Jul. 9, 1999
The Fieldstone Co. v. Briggs Plumbing Products Inc.
Strict liability claims for defective sinks are precluded if only damage is to product itself.
Torts Jul. 9, 1999
Schneider v. Medical Board of California
Medical Board is entitled to attorney fees in administrative proceeding to revoke doctor's license.
Administrative Agencies Jul. 9, 1999
Federal Deposit Insurance Corp. v. Superior Court (BMB Properties)
Conclusive presumption is improperly applied against mortgage holder to invalidate encumbrance by former partners.
Corporations Jul. 9, 1999
Mejia-Paiz v. INS
Immigration judge's decision asylum applicant doesn't belong to religious faith can defeat contrary unrebutted testimony.
Immigration Jul. 9, 1999
Demasse v. ITT Corp.
Order
Jul. 9, 1999
Villafuerte v. Stewart
Trial court doesn't err by not giving lesser included instruction in felony murder trial.
Criminal Law and Procedure Jul. 9, 1999
Ribitzki v. Canmar Reading & Bates Ltd. Partnership
Primary duty rule doesn't bar negligence or unseaworthiness claim if claimant didn't create dangerous condition.
Maritime Law Jul. 9, 1999
U.S. v. Miguel
Sequestered defendant must have contemporaneous electronic communication with counsel during taped deposition of child abuse victim.
Criminal Law and Procedure Jul. 9, 1999
Ashelman v. Wawrzaszek
Accommodation is necessary in prison menu to provide kosher meals for Jewish inmate.
Prisoners Rights Jul. 9, 1999
U.S. v. Padilla
Non-driver's status as coconspirator with car's owner does not confer standing to challenge police search.
Criminal Law and Procedure Jul. 9, 1999
Doe v. Arizona Dept. of Education
Disabled juvenile inmates must exhaust administrative remedies if special education lacking only from jail's ignorance.
Education Jul. 9, 1999
U.S. v. Amlani
Disparagement of defense counsel by government resulting in obtaining new lawyer is Sixth Amendment violation.
Criminal Law and Procedure Jul. 9, 1999
Thompson v. Souza
Officials have qualified immunity for visual body cavity searches and urine tests of preselected prisoners.
Prisoners Rights Jul. 9, 1999
Phoenix v. Universal Electric Co.
Guam law allows prejudgment interest if amount due is ascertainable or fixed by contract terms.
Contracts Jul. 8, 1999
Orthopaedic Hospital v. Belshe
Reimbursement rates for hospital providers of outpatient services to Medicaid recipients must include hospitals' related costs.
Government Jul. 8, 1999
Columbia Steel Casting Co. Inc. v. Portland General Electric Co.
Private conduct is immunized from antitrust liability if it is foreseeable result of state agency action.
Antitrust Jul. 8, 1999
Chevron U.S.A. Inc. v. WCAB
Calculation of partial dependency by including community income unaffected by death of spouse is error.
Workers' Compensation Jul. 8, 1999
U.S. v. Putra
Court can consider acquitted conduct at sentencing if it finds conduct true by preponderance of evidence.
Criminal Law and Procedure Jul. 8, 1999
Individuals for Responsible Government Inc. v. Washoe County
County's residents lack standing to challenge ordinance requiring subscription to unwanted garbage and recycling services.
Government Jul. 8, 1999
Yamaguchi v. U.S. Dept. of Air Force
Military employer cannot avoid liability under Civil Rights Act for servicemember's sexual harassment of civilian employee.
Government Jul. 8, 1999
Jasmine T., a Minor
Parental rights can be terminated and adoption, rather than legal guardianship, ordered even if potential adoptive parent is a relative.
Juveniles Jul. 8, 1999
People v. Lopez
Review granted
Jul. 8, 1999
Foster v. Ward
Attorneys failure to present alibi evidence corroborating defendants testimony isnt ineffective assistance.
Criminal Law and Procedure Jul. 8, 1999
William R. McDaniel
Citizen grants leave for to sue to determine whether it is incompatible for politician to Act as water District victor and city council member.
Government Jul. 8, 1999
Ruisi v. Thieriot
Reference to special master of all custody issues is overbroad and unauthorized by statute.
Family Law Jul. 8, 1999
Lumpkin v. Brown
City's firing of human rights commissioner who advocated violence against homosexuals doesn't violate First Amendment.
Labor Law Jul. 8, 1999
United States v. 0.59 Acres of Land
Jury instruction on electromagnetic fields invasion isn't required in eminent domain action for electrical power easement.
Real Property Jul. 8, 1999
Duncan v. Calderon
Anti-Terrorism and Effective Death Penalty Act applies retroactively to capital defendant's pending habeas petition.
Criminal Law and Procedure Jul. 8, 1999