| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
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No money laundering conviction if money withdrawn from account retaining all of fraudulently-derived funds.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 | |
|
95-16120
|
Magana v. Commonwealth of Northern Mariana Island
Public employee cannot sue Mariana Islands commonwealth for money damages absent legislative cause of action. |
Employment Law |
|
Jun. 26, 1999 | |
|
S059170
|
Walrath v. Walrath
Right to reimbursement after dissolution attaches only to property involving separate contributions. |
Family Law |
|
Jun. 26, 1999 | |
|
B100151
|
Liquidator of Integrity Insurance Co. v. Hendrix
Failure to appear due to illness isn't grounds for vacating entry of judgment by sister state. |
Civil Procedure |
|
Jun. 26, 1999 | |
|
A071686
|
Souza v. City of Antioch
Police responding to hostage situation aren't immune from liability but assume duty to act reasonably. |
Torts |
|
Jun. 26, 1999 | |
|
A073177 and A074836
|
Silveira v. Las Gallinas Valley Sanitary District
No EIR necessary for project creating odor buffer zone and not altering condemned property's natural state. |
Environmental Law |
|
Jun. 26, 1999 | |
|
B100375
|
Nowlin v. Department of Motor Vehicles
DMV can require new and renewal applicants for driver's licenses to disclose their social security numbers. |
Administrative Agencies |
|
Jun. 26, 1999 | |
|
F025993
|
Eric H., a Minor
Court needn't permit parent to present evidence supporting dependency petition before dismissing for insufficient evidence. |
Juveniles |
|
Jun. 26, 1999 | |
|
B096217
|
Fleck v. Bollinger Home Corp. Inc.
Builder can assign its cross-complaint against developer to homeowner suing for damages caused by subsidence. |
Real Property |
|
Jun. 26, 1999 | |
|
S059847
|
Landgate Inc. v. California Coastal Commission
Coastal Commission's denial of permit temporarily depriving owner of economically viable use of land is taking. |
Real Property |
|
Jun. 26, 1999 | |
|
S059135
|
American International Adjustment Co. v. Crawford
Workers' compensation insurer isn't sanctionable for filing tort action and administrative complaint for same alleged fraud. |
Workers' Compensation |
|
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 |
