| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
B104946
|
Vivian F., a Minor
Dependency court should give juvenile's aunt preferential consideration in determining appropriate placement for child. |
Juveniles |
|
Jun. 26, 1999 | |
|
S054329
|
Russell v. Stanford University Hospital
Three-year limitation for action against health provider is tolled after suit notice within last 90 days. |
Torts |
|
Jun. 26, 1999 | |
|
S060702
|
Warden v. The State Bar of California
State Bar's continuing legal education program violates the equal protection rights of non-exempt bar members. |
Attorneys |
|
Jun. 26, 1999 | |
|
B103066
|
Macias v. Hartwell
Defamation action for statements in union campaign flyer is subject to dismissal under anti-SLAPP statute. |
Constitutional Law |
|
Jun. 26, 1999 | |
|
A068400
|
People v. Lucas
Failure to instruct jury on target crimes aided and abetted by defendant is harmless error. |
Criminal Law and Procedure |
|
Jun. 26, 1999 | |
|
95-36004
|
Western Radio Services Co. Inc. v. Glickman
No environmental assessment for proposed new access road absent connection to reissuance of radio tower permit. |
Environmental Law |
|
Jun. 26, 1999 | |
|
S052972
|
Sullivan v. Delta Airlines
Terminated employee's death during appeal process makes damages for emotional distress unrecoverable. |
Torts |
|
Jun. 26, 1999 | |
|
S054125
|
People v. Allen
Defendant can collaterally attack prior guilty plea for absence of admonition and waiver of constitutional rights. |
Criminal Law and Procedure |
|
Jun. 26, 1999 | |
|
93-36089
|
Richardson v. The Pension Plan of Bethlehem Steel Corp.
Order |
|
Jun. 26, 1999 | ||
|
95-36028
|
Wicklund v. Salvagni
Best interests standard in judicial bypass provision renders law requiring parental notification before abortion unconstitutional. |
Constitutional Law |
|
Jun. 26, 1999 | |
|
96-1375
|
St. Paul-Ramsey Med. v. Shalala
Certiorari granted |
|
Jun. 26, 1999 | ||
|
95-16780
|
Bankruptcy of Biggar
Installment contract for legal services calling for post-petition payments is dischargeable. |
Bankruptcy |
|
Jun. 26, 1999 | |
|
B106120
|
State Farm Fire and Casualty Co. v. Superior Court (Taylor)
Insurance company's wrongful tactics warrant application of crime/fraud exception permitting disclosure of privileged information. |
Insurance |
|
Jun. 26, 1999 | |
|
95-1764
|
Saratoga Fishing Co. v. J.M. Martinac & Co.
Equipment added by initial user before selling ship isn't part of product causing physical harm. |
Maritime Law |
|
Jun. 26, 1999 | |
|
95-1918
|
Arkansas v. Farm Credit Services of Central Arkansas
Farmer's production credit associations cannot file federal suit against taxation without United States as co-plaintiff. |
Taxation |
|
Jun. 26, 1999 | |
|
96-79
|
Boggs v. Boggs
ERISA pre-empts state law allowing nonparticipant spouse's testamentary transfer of interest in undistributed pension benefits. |
Labor Law |
|
Jun. 26, 1999 | |
|
95-1594
|
De Buono v. NYSA-ILA Medical and Clinical Services Fund
New York can impose gross receipts tax on ERISA-funded medical centers. |
Labor Law |
|
Jun. 26, 1999 | |
|
S059170
|
Marriage of Walrath
Separate property contribution to community property acquisition carries through to property purchased later with proceeds. |
Family Law |
|
Jun. 26, 1999 | |
|
95-50309
|
U.S. v. Rutgard
No money laundering conviction if money withdrawn from account retaining all of fraudulently-derived funds. |
Criminal Law and Procedure |
|
Jun. 26, 1999 | |
|
96-10324
|
U.S. v. Nieblas
Voluntary appearance at probation interview is not custodial interrogation triggering 'Miranda' rights. |
Criminal Law and Procedure |
|
Jun. 26, 1999 | |
|
96-50160
|
U.S. v. Webb
Testimony regarding reasons criminals conceal weapons in cars' engine compartments is admissible as modus operandi evidence. |
Criminal Law and Procedure |
|
Jun. 26, 1999 | |
|
94-35603
|
EEOC v. Pape Lift Inc.
Age Discrimination in Employment Act finding can be supported by evidence used to establish underlying violation. |
Labor Law |
|
Jun. 26, 1999 | |
|
95-10438
|
U.S. v. Magallon
Order |
|
Jun. 26, 1999 | ||
|
95-16098
|
Cohen v. Stratosphere Corp.
Investors denied opportunity to purchase stock lack standing to sue under Rule 10b-5 for fraud. |
Securities |
|
Jun. 26, 1999 | |
|
95-56254
|
Penilla v. City of Huntington Park
Police officers are not entitled to qualified immunity if their affirmative actions place individual in danger. |
Torts |
|
Jun. 26, 1999 | |
|
96-56132 and 96-56506
|
Quackenbush v. Allstate Insurance Co.
Federal arbitration on liquidator's claims and state court proceedings on setoff issue can proceed concurrently. |
Insurance |
|
Jun. 26, 1999 | |
|
G020260
|
Tanner v. Tanner
Ex-husband isn't required to pay ex-wife's attorney fees after unsuccessfully challenging marital settlement agreement. |
Family Law |
|
Jun. 26, 1999 | |
|
G014576
|
Mola Development Corp. v. City of Seal Beach
Developer's voluntary dismissal of administrative mandamus action against city bars damages suit for regulatory taking. |
Civil Procedure |
|
Jun. 26, 1999 | |
|
95-56586
|
Parretti v. U.S.
Government must establish international extraditee is flight risk to justify no-bail detention pending extradition hearing. |
Criminal Law and Procedure |
|
Jun. 26, 1999 | |
|
96-70337
|
Farhoud v. INS
Not receiving deportation hearing notice isn't exceptional circumstance excusing appearance failure, if statute requirements met. |
Immigration |
|
Jun. 26, 1999 |
For reprint rights or to purchase a copy of your Daily Journal photo, email Jeremy_Ellis@dailyjournal.com for prices or call 213-229-5424. To buy more copies, call 866-531-1492 or email subscribe@dailyjournal.com