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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
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
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
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
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
Brequia Y., a Minor
Reunification services should not be continued if there is no evidence mother will be rehabilitated.
Juveniles Jun. 15, 1999
Barr v. ACandS Inc.
Claims from occupational exposure to asbestos are barred by limitations statute after filing of prior suits.
Torts Jun. 15, 1999
Bankruptcy of Fernandez
Prior in rem relief from stay applies in subsequent bankruptcy filed by different debtor.
Bankruptcy Jun. 15, 1999
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
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
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
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
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
Endangered Habitats League, Inc. v. State Water Resources Control Board et al. (Riverside County Flood District)
Order
Jun. 15, 1999
People v. Graham
Defendant isn't entitled to have prior juvenile adjudication stricken under three strikes law.
Criminal Law and Procedure Jun. 15, 1999
Bankruptcy of Fischer
Express novation extinguishes creditor's fraud claim against debtor based on original contract.
Bankruptcy Jun. 15, 1999
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
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
Merino v. San Diego County Council of The Boy Scouts
Order
Jun. 15, 1999
People v. Smith
Order
Jun. 15, 1999
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
People v. Venegas
Order
Jun. 15, 1999
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
Godinez v. White
Order
Jun. 15, 1999
United States v. Levi Strauss & Co.
Order
Jun. 15, 1999
Columbia Union College v. Clark
Order
Jun. 15, 1999
Hallum v. Iowa
Order
Jun. 15, 1999
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
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
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