| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
97-70785
|
Calderon v. U.S. District Court for the Central District of California (Kelly)
Mental competency proceedings aren't extraordinary circumstances tolling statute of limitation for filing habeas petition. |
Criminal Law and Procedure |
|
Jun. 14, 1999 | |
|
97-10034
|
U.S. v. Lyndell N.
Retroactively applying record certification requirement for transferring juvenile to adult prosecution isn't ex post facto violation. |
Criminal Law and Procedure |
|
Jun. 14, 1999 | |
|
95-35462
|
American Rivers v. National Marine Fisheries Service
Superseding biological opinion governing operation of hydropower system moots pending challenge to predecessor document. |
Environmental Law |
|
Jun. 14, 1999 | |
|
95-56336
|
General Commercial Packaging Inc. v. TPS Package Engineering Inc.
Contract limiting party's access to narrow market segment doesn't violate California prohibitions against trade restraints. |
Contracts |
|
Jun. 14, 1999 | |
|
95-35709
|
Macri v. King County
Claim for uncompensated taking by local zoning restriction isn't entitled to substantive due process clause relief. |
Real Property |
|
Jun. 14, 1999 | |
|
96-50611
|
U.S. v. Barnes
Loss from defendant's impersonation as doctor isn't based on revenues generated by clinic which hired him. |
Criminal Law and Procedure |
|
Jun. 14, 1999 | |
|
96-35983
|
Sofamor Danek Group Inc. v. Brown
State official is subject to suit in federal court for violating federal trademark law. |
Civil Procedure |
|
Jun. 14, 1999 | |
|
96-55239
|
McDonnell Douglas Corp. v. Thiokol Corp.
Aeronautics engineering company doesn't bargain for performance warranty if known technology renders fulfilling warranty impossible. |
Contracts |
|
Jun. 14, 1999 | |
|
94-55581
|
Chroma Lighting v. GTE Products Corp.
Order |
|
Jun. 14, 1999 | ||
|
95-16476
|
Cabral v. Healy Tibbits Builders Inc.
Crane operator driving piles from barge at ferry mooring doesn't qualify as 'seaman' under Jones Act. |
Workers' Compensation |
|
Jun. 14, 1999 | |
|
95-16656
|
Aloha Islandair Inc. v. Tseu
Pilot is entitled to protection of state law from employment discrimination based on physical disability. |
Civil Rights |
|
Jun. 14, 1999 | |
|
97-70375
|
Taiwan v. U.S. District Court for the Northern District of California (Sun)
Agreement bars court from ordering Taiwan Economic and Cultural Representative employee's testimony in personal injury action. |
Torts |
|
Jun. 14, 1999 | |
|
B107510
|
Kaplan v. Coldwell Banker Residential Affiliates Inc.
Triable issues of facts exist precluding summary judgment against franchisor for acts of broker/franchisee. |
Real Property |
|
Jun. 14, 1999 | |
|
96-35790 and 96-35777
|
Quillin v. State of Oregon
No federal court jurisdiction in Fair Labor Standards Act cases against states absent sovereign immunity waiver. |
Labor Law |
|
Jun. 14, 1999 | |
|
95-16937
|
Bankruptcy of Schimmels
Relators losing adversary proceeding against False Claims Act defendant/debtor is res judicata in government's action. |
Bankruptcy |
|
Jun. 14, 1999 | |
|
96-70467
|
Gonzales-Neyra v. INS
Political opinion persecution is established by threats to alien after refusing to pay guerrillas extortion. |
Immigration |
|
Jun. 14, 1999 | |
|
D026324
|
Yee v. Mobilehome Park Rental Review Board (City of Escondido)
Rent control is not a 'taking' unless it precludes all economically beneficial use of property. |
Real Property |
|
Jun. 14, 1999 | |
|
A078258
|
Bell v. Wells Fargo Bank N.A.
Employee's statements in applying for disability benefits don't establish judicial estoppel barring discrimination suit. |
Civil Rights |
|
Jun. 14, 1999 | |
|
B110776
|
Weber v. Board of Retirement of the Los Angeles County Employees Retirement Association
County retirement board isn't authorized to award interest on retroactive payments of disability retirement benefits. |
Administrative Agencies |
|
Jun. 14, 1999 | |
|
C025573
|
J.A.T. Entertainment Inc. v. Reed
Attorney's uncontroverted sworn statement of fault requires relief from dismissal without prejudice. |
Civil Procedure |
|
Jun. 14, 1999 | |
|
D029293
|
People v. Pulliam
Statute prohibiting loitering with intent to commit prostitution isn't unconstitutionally vague or overbroad. |
Criminal Law and Procedure |
|
Jun. 14, 1999 | |
|
96-71002
|
Velarde v. INS
Direct victim of political violence in Peru is persecuted on basis of imputed political opinion. |
Immigration |
|
Jun. 14, 1999 | |
|
S062670
|
People v. Superior Court (Jones)
Review granted |
|
Jun. 14, 1999 | ||
|
96-70398
|
Redlark v. Commissioner of Internal Revenue
Interest on business-related personal income tax deficiencies is 'personal interest' and not deductible. |
Taxation |
|
Jun. 14, 1999 | |
|
95-56393, 97-55599 and 97-55597
|
Peterson v. Highland Music Inc.
Music composer may rescind 30 year old royalty contract for breach of continuing payment obligation. |
Intellectual Property |
|
Jun. 14, 1999 | |
|
S063239
|
People v. Pratt
Review granted |
|
Jun. 14, 1999 | ||
|
96-50110
|
U.S. v. Thomas
Defendant claiming entrapment defense can present evidence of lack of criminal history prior to charged crime. |
Criminal Law and Procedure |
|
Jun. 14, 1999 | |
|
S063425
|
Foster-Gardner Inc. v. National Union Fire Insurance Co. of Pittsburg, PA
Proceedings commenced by issuance of determination and order does constitute 'suit' in this case. |
Insurance |
|
Jun. 14, 1999 | |
|
S063446
|
People v. Morante
Defendant's state-based orchestration of drug trafficking establishes jurisdiction but conspiracy conviction conflicts with law. |
Criminal Law and Procedure |
|
Jun. 14, 1999 | |
|
S063097
|
People v. Guiuan
Court has sua sponte duty to tailor accomplice instruction relating only to testimony favorable to prosecution. |
Criminal Law and Procedure |
|
Jun. 14, 1999 |
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