Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
96-35153, 96-35594 and 96-35172
|
Omega Environmental Inc. v. Gilbarco Inc.
Elevated proof of market's 'substantial foreclosure' applies to allegations dominant manufacturer imposed exclusive dealer distributor policy. |
Antitrust |
|
Jun. 16, 1999 | |
97-70277
|
Calderon v. U.S. District Court (Beeler)
One-year statute of limitation for filing habeas corpus petition is subject to equitable tolling. |
Criminal Law and Procedure |
|
Jun. 16, 1999 | |
97-15356
|
Galt G/S v. JSS Scandinavia
Discretionary attorney fees may be included in amount in controversy for diversity jurisdiction purposes. |
Civil Procedure |
|
Jun. 16, 1999 | |
C026653
|
Zachary v. Superior Court (People)
Failure to petition for extended commitment until one month after expiration of commitment violates due process. |
Criminal Law and Procedure |
|
Jun. 15, 1999 | |
B106208
|
American Casualty Co. of Reading, PA. v. O'Flaherty
Insurance carrier cannot bring malpractice action against attorney it did not retain to defend insured. |
Insurance |
|
Jun. 15, 1999 | |
B112161
|
Brequia Y., a Minor
Reunification services should not be continued if there is no evidence mother will be rehabilitated. |
Juveniles |
|
Jun. 15, 1999 | |
A074293, A073961 and A076612
|
Barr v. ACandS Inc.
Claims from occupational exposure to asbestos are barred by limitations statute after filing of prior suits. |
Torts |
|
Jun. 15, 1999 | |
97-25043
|
Bankruptcy of Fernandez
Prior in rem relief from stay applies in subsequent bankruptcy filed by different debtor. |
Bankruptcy |
|
Jun. 15, 1999 | |
S053508
|
Mountain Lion Foundation v. California Fish amd Game Commission
Environmental report is required before commission can remove species from threatened species list. |
Environmental Law |
|
Jun. 15, 1999 | |
96-56462
|
Turner v. Marshall
No valid challenge to African-American juror for aversion to gory pictures given white juror's greater squeamishness. |
Criminal Law and Procedure |
|
Jun. 15, 1999 | |
95-70862, 95-70927, 95-70928, 95-70859, 95-70861 and 95-70864
|
Association of Public Agency Customers Inc. v. Bonneville Power Administration
Bonneville Power Administration can charge to use facilities to transmit electricity generated by another producer. |
Environmental Law |
|
Jun. 15, 1999 | |
B098599
|
People v. Vong
Resentencing necessary after trial court erroneously believes it lacks discretion to strike defendant's prior conviction. |
Criminal Law and Procedure |
|
Jun. 15, 1999 | |
S058290
|
People v. Callahan
Prior out-of-state conviction, when defendant was a minor, is 'strike' if Penal Code criteria met. |
Criminal Law and Procedure |
|
Jun. 15, 1999 | |
S068055
|
Endangered Habitats League, Inc. v. State Water Resources Control Board et al. (Riverside County Flood District)
Order |
|
Jun. 15, 1999 | ||
S061117
|
People v. Graham
Defendant isn't entitled to have prior juvenile adjudication stricken under three strikes law. |
Criminal Law and Procedure |
|
Jun. 15, 1999 | |
96-55003
|
Bankruptcy of Fischer
Express novation extinguishes creditor's fraud claim against debtor based on original contract. |
Bankruptcy |
|
Jun. 15, 1999 | |
S055679
|
La Tourette v. WCAB
Employment isn't substantial contributing cause of employee's death after heart attack suffered during business trip. |
Workers' Compensation |
|
Jun. 15, 1999 | |
S048811
|
Engalla v. Permanente Medical Group, Inc.
Limits can be placed on party's enforcement of arbitration agreement due to misfeasance in performance. |
Torts |
|
Jun. 15, 1999 | |
S062514
|
Merino v. San Diego County Council of The Boy Scouts
Order |
|
Jun. 15, 1999 | ||
S061815
|
People v. Smith
Order |
|
Jun. 15, 1999 | ||
96-36058
|
U.S. v. Barron
Lack of factual basis for plea established in defendant's post-conviction motion justifies rescinding plea agreement. |
Criminal Law and Procedure |
|
Jun. 15, 1999 | |
S055929
|
People v. Venegas
Order |
|
Jun. 15, 1999 | ||
S064345
|
People v. Martinez
Modified version of asportation standard for aggravated kidnapping applies where victim is under 14 years old. |
Criminal Law and Procedure |
|
Jun. 15, 1999 | |
98-477
|
Godinez v. White
Order |
|
Jun. 15, 1999 | ||
98-1356
|
United States v. Levi Strauss & Co.
Order |
|
Jun. 15, 1999 | ||
98-1509
|
Columbia Union College v. Clark
Order |
|
Jun. 15, 1999 | ||
98-8988
|
Hallum v. Iowa
Order |
|
Jun. 15, 1999 | ||
96-15051
|
In re: Corcoran Hospital District
Chapter 9 plan can be confirmed despite objections based on claim classification, plan illegality, and bad faith. |
Bankruptcy |
|
Jun. 15, 1999 | |
99-12250
|
In re: Plitt Amusement Co. of Washington
Multiple leases in a single transaction are severable such that one can be rejected under 11 U.S.C. Section 365. |
Bankruptcy |
|
Jun. 15, 1999 | |
S053739
|
People v. Renko
Trial court errs in considering defendant's prior juvenile convictions for purposes of three strikes sentencing. |
Criminal Law and Procedure |
|
Jun. 15, 1999 |