| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
95-35092 and 95-35145
|
Schudel v. General Electric Co.
Trial court should not ignore erroneously admitted evidence in deciding post-verdict judgment notwithstanding verdict motion. |
Civil Procedure |
|
Jun. 23, 1999 | |
|
96-15952
|
Russ v. Standard Insurance Co.
Court cannot dismiss action without prejudice to allow plaintiff's cure of inadvertent untimeliness of jury demand. |
Civil Procedure |
|
Jun. 23, 1999 | |
|
95-36151
|
Koepping v. County Metropolitan Transportation District of Oregon
Manager's general promise of secure employment can be implied-in-fact contract modifying at-will employment. |
Labor Law |
|
Jun. 23, 1999 | |
|
95-35760
|
Butterfield v. Bail
Inmate cannot use Section 1983 action to attack prison's use of false information to deny parole. |
Prisoners Rights |
|
Jun. 23, 1999 | |
|
95-56802
|
Papenthien v. Papenthien
Statutory enlargement of limitations period for domestic violence personal injury claim applies to pending case. |
Torts |
|
Jun. 23, 1999 | |
|
95-16209
|
Nava v. City of Dublin
State police policy authorizing deadly chokehold isn't realistic risk of harm warranting injunctive relief. |
Civil Rights |
|
Jun. 23, 1999 | |
|
95-16060
|
Berkeley Community Health Project v. City of Berkeley
Order |
|
Jun. 23, 1999 | ||
|
95-36149
|
Light v. Social Security Administration
Finding claimant lacks credibility cannot solely be based on missing medical support for alleged pain severity. |
Government |
|
Jun. 23, 1999 | |
|
95-50361
|
U.S. v. Mathews
Upward departure in sentencing resulting in greater sentence than conviction of additional crimes distorts guidelines. |
Criminal Law and Procedure |
|
Jun. 23, 1999 | |
|
96-55430
|
Smith v. McGlothlin
Two-hour delay while school official searches students suspected of smoking is not unreasonable. |
Civil Rights |
|
Jun. 23, 1999 | |
|
95-50472
|
U.S. v. Nevarez-Castro
Competency hearing is required after medical facility reports defendant, committed for incompetency, can stand trial. |
Criminal Law and Procedure |
|
Jun. 23, 1999 | |
|
92-17087
|
Yniguez v. State of Arizona
Order |
|
Jun. 23, 1999 | ||
|
96-16950
|
Perez v. Marshall
Sole defense holdout juror can be dismissed for emotional incapacity to deliberate. |
Criminal Law and Procedure |
|
Jun. 23, 1999 | |
|
96-10398
|
U.S. v. Schiller
No double jeopardy from federal drunken driving prosecution after suspension of military driving privileges. |
Criminal Law and Procedure |
|
Jun. 23, 1999 | |
|
B097732
|
People v. Williams
Double jeopardy doesn't bar defendant from facing second trial after first trial ends in mistrial. |
Criminal Law and Procedure |
|
Jun. 23, 1999 | |
|
95-15772
|
Pollard v. White
Missing malice instruction doesn't undermine second-degree murder after mistaken identity defense and intentional shooting finding. |
Criminal Law and Procedure |
|
Jun. 23, 1999 | |
|
96-35124
|
Shamrock Motors Inc. v. Ford Motor Co.
Federal court lacks jurisdiction over removed state court action to review agency decision solely on record. |
Civil Procedure |
|
Jun. 23, 1999 | |
|
95-15897
|
Hook v. State of Arizona
Unforeseeable increase in drug abusers as inmates warrants modifying consent decree on gift packages. |
Prisoners Rights |
|
Jun. 23, 1999 | |
|
95-56843
|
Bruns v. National Credit Union
Federal credit union employee's wrongful discharge damages action is governed by Federal Tort Claims Act. |
Labor Law |
|
Jun. 23, 1999 | |
|
96-16160
|
FMC Medical Plan v. Owens
Employee benefit plan's suit against injured employee for reimbursement from his third-party recovery is precluded. |
Labor Law |
|
Jun. 23, 1999 | |
|
96-35648
|
Blue Fox Inc. v. Small Business Administration
Administrative Procedure Act permits government subcontractor's equitable lien against agency for money due from defaulting contractor. |
Government |
|
Jun. 23, 1999 | |
|
96-55545
|
Perry v. Los Angeles Police Dept.
Ordinance violates First Amendment by limiting ban on sales and solicitations to persons lacking nonprofit status. |
Constitutional Law |
|
Jun. 23, 1999 | |
|
95-70780
|
Roundy v. Commissioner of Internal Revenue
Lump sum payment from qualified retirement plan which is disbursed as optional payment is taxable. |
Taxation |
|
Jun. 23, 1999 | |
|
96-35632
|
Nusom v. Woodburn
Plaintiff may seek attorney fees after accepting offer, despite offer's silence regarding attorney fees. |
Civil Procedure |
|
Jun. 23, 1999 | |
|
96-35793
|
U.S. v. Check No. 25128 In The Amount Of $58,64.11
Federal government gets forfeiture of city check representing money given to DEA from unlawful drug seizure. |
Criminal Law and Procedure |
|
Jun. 23, 1999 | |
|
95-56758 and 96-55560
|
Eastwood v. National Enquirer Inc.
Tabloids act with malice by falsely labeling interview with celebrity as 'exclusive,' suggesting willingness to talk. |
Torts |
|
Jun. 23, 1999 | |
|
95-17235
|
Jacobsen v. Bonine
Perimeter walkways of interstate rest-stop areas are not public fora for First Amendment purposes. |
Constitutional Law |
|
Jun. 23, 1999 | |
|
96-55316
|
Tarin v. County of Los Angeles
Summary judgment inappropriate to determine if plaintiff would have been promoted but for military service. |
Employment Law |
|
Jun. 23, 1999 | |
|
96-16952
|
Clark v. State of California
Americans with Disabilities Act and Rehabilitation Act are validly enacted pursuant Congress' enforcement clause powers. |
Prisoners Rights |
|
Jun. 23, 1999 | |
|
95-99023
|
Gretzler v. Stewart
Order |
|
Jun. 23, 1999 |
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