| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
93-O-11526 and 93-16174
|
Mason v. State Bar
Attorney's violation of suspension order is willful, constituting moral turpitude and warrants 90 days actual suspension. |
Attorneys |
|
Jun. 29, 1999 | |
|
G018819
|
Phraner v. Cote Mark Inc.
Adopted child does not have standing to bring action for wrongful death of biological mother. |
Torts |
|
Jun. 29, 1999 | |
|
94-4113
|
Haley v. Medtronic Inc.
Class certification is denied if class action wouldn't be a superior method of adjudicating claims. |
Civil Procedure |
|
Jun. 29, 1999 | |
|
S060145
|
Yamaha Corp. of America v. State Bd. of Equalization of the State of California
Property brought into California for delivery to out-of-state donee is subject to use tax. |
Taxation |
|
Jun. 29, 1999 | |
|
S060386
|
Ready Transport Inc. v. Workers' Compensation Appeals Bd.
Workers' Compensation claim is barred after trial court action is dismissed with prejudice. |
Workers' Compensation |
|
Jun. 29, 1999 | |
|
96-1133
|
U.S. v. Scheffer
Military rule of evidence barring polygraph results doesn't violate servicemember's right to present a defense. |
Criminal Law and Procedure |
|
Jun. 29, 1999 | |
|
S060863
|
Estate of Joseph
Claimant is not entitled to intestate distributor of foster parent's estate absent adoption. |
Probate and Trusts |
|
Jun. 29, 1999 | |
|
96-1462
|
Lunding v. New York Tax Appeals Tribunal
Denying only nonresident taxpayers state income tax deduction for alimony payments violates privileges and immunities clause. |
Taxation |
|
Jun. 29, 1999 | |
|
97-80229
|
Martinez-Villareal v. Stewart
Order |
|
Jun. 29, 1999 | ||
|
97-70127
|
De Leon v. INS
Order |
|
Jun. 29, 1999 | ||
|
96-56805
|
U.S. v. Asrar
Order |
|
Jun. 29, 1999 | ||
|
97-80229
|
Martinez-Villareal v. Stewart
Order |
|
Jun. 29, 1999 | ||
|
94-16548
|
Forsyth v. Humana Inc.
Individual beneficiary cannot sue under ERISA against plan administrator for breach of fiduciary duty. |
Labor Law |
|
Jun. 29, 1999 | |
|
99-99004
|
LaGrand v. Stewart
Eighth Amendment prohibition against cruel and unusual punishment is violated by lethal gas execution. |
Criminal Law and Procedure |
|
Jun. 29, 1999 | |
|
97-56108
|
Richmond v. United States
The Internal Revenue Service is entitled to additional time to assert a deficiency tax assessment where it does not get notice of lifting of automatic stay. |
Bankruptcy |
|
Jun. 29, 1999 | |
|
96-55672, 97-56683, 97-5668497-55724, and 97-55789
|
Saman v. Robbins
There's no excessive force when suspect is kicked and pushed to the ground by police officer for safety reasons. |
Civil Rights |
|
Jun. 29, 1999 | |
|
96-56675
|
Coastal Abstract Service Inc. v. First American Title Insurance Co.
Statement by title insurer to lender that escrow agent doesn't pay bills is defamation. |
Torts |
|
Jun. 29, 1999 | |
|
96-10411 and 97-10427
|
U.S. v. Mitchell
If main basis for conviction is inadmissible evidence about defendant's poverty, reversal is required. |
Criminal Law and Procedure |
|
Jun. 29, 1999 | |
|
97-56251 and 97-56328
|
Friend v. Reno
Under the Nationality Act of 1940, a person residing in the Philippines wasn't a citizen and thus couldn't transfer citizenship to his baby. |
Immigration |
|
Jun. 29, 1999 | |
|
96-56421
|
Rhoden v. Rowland
Unconstitutional shackling of defendant at trial in view of jury is inherently prejudicial. |
Criminal Law and Procedure |
|
Jun. 29, 1999 | |
|
92-56400, 92-56404 and 92-56407
|
Fadem v. U.S.
Order |
|
Jun. 29, 1999 | ||
|
97-70927 and 97-71147
|
Retlaw Broadcasting Co. v. National Labor Relations Board
National Labor Relations Act violated when employer declares impasse over contractual provision allowing employer to negotiate directly with union-represented employees. |
Labor Law |
|
Jun. 29, 1999 | |
|
98-10259
|
U.S. v. Forbes
Federal law prohibits the imposition of both probation and straight prison time. |
Criminal Law and Procedure |
|
Jun. 29, 1999 | |
|
97-56407
|
Bankruptcy of Turley
Proceeds from noncertified share in racing team are general intangibles and not subject to Article 8 security interest. |
Bankruptcy |
|
Jun. 29, 1999 | |
|
97-16909
|
Robi v. Reed
Founding member of singing group has superior right to use name of group over deceased member who assigned right to someone else. |
Intellectual Property |
|
Jun. 29, 1999 | |
|
98-56126
|
U.S. v. Bowen
Food and Drug Administration can order recall of dental handpiece sterilizer without proving device actually prevents disease. |
Administrative Agencies |
|
Jun. 29, 1999 | |
|
97-17121
|
Stone v. City of Prescott
City's refusal to allow petition for a city-wide referendum challenging real property transfers wasn't a violation of plaintiff's civil rights. |
Constitutional Law |
|
Jun. 29, 1999 | |
|
98-10270
|
U.S. v. Hock
Resentencing defendant on unchallenged conviction is within trial court's discretion. |
Criminal Law and Procedure |
|
Jun. 29, 1999 | |
|
96-10285
|
U.S. v. Flores
Co-conspirator testimony which leads to sentence enhancement isn't barred simply because co-conspirator cooperated in expectation of leniency. |
Criminal Law and Procedure |
|
Jun. 29, 1999 | |
|
97-17034
|
Lakeside Non-Ferrous Metals Inc. v. Hanover Insurance Co.
Insurance policies excluding property damage by pollution preclude contamination claims framed as trespass and nuisance actions. |
Insurance |
|
Jun. 29, 1999 |
