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Name Category Published
Garcia v. Hejmadi
Summary judgment isn't reconsidered without circumstances permitting vacation of original order.
Civil Procedure Jun. 10, 1999
Marques v. Bank of America
Employee's wrongful discharge claim based on unlawful discrimination is not pre-empted by National Bank Act.
Employment Law Jun. 10, 1999
West v. Superior Court (Lockrem))
Courts lack jurisdiction to entertain a non-parent's petition to establish parental rights to custody.
Family Law Jun. 10, 1999
Martin v. WCAB (Hughes Aircraft Co.)
Statements of independent witness employee don't become privileged simply because given in anticipation of litigation.
Workers' Compensation Jun. 10, 1999
Steele v. Jensen Instrument Co.
Employer is entitled to costs in pregnancy discrimination action when award doesn't exceed offer of compromise.
Employment Law Jun. 10, 1999
Bickel v. City of Piedmont
Permit Streamlining Act doesn't prohibit development project applicant from waiving time limits for agency decision.
Real Property Jun. 10, 1999
Scottsdale Insurance Co. v. Superior Court (Spyglass Homeowners Assoc.)
Party waives objection to production of documents under attorney-client privilege by not expressly stating it.
Civil Procedure Jun. 10, 1999
Planned Parenthood of Southern Arizona v. Neely
Successful challengers of state abortion law cannot supplement complaint after judgment to attack amended statute.
Civil Procedure Jun. 10, 1999
Santa Margarita Water District v. Connell
Water districts aren't entitled to reimbursement for state-mandated costs due to their authority to levy fees.
Government Jun. 10, 1999
Mercury Casualty Co. v. Hertz Corp.
Rental car driver's insurance company is primary insurer over rental company in accident with third party.
Insurance Jun. 10, 1999
People v. Little
Defendant is entitled to new trial for government's failure to disclose material witness's felony conviction.
Criminal Law and Procedure Jun. 10, 1999
Hyland v. Wonder
Amended opinion
Employment Law Jun. 10, 1999
People v. Hansen
Encouraging victim to play Russian roulette is sufficient to establish felony child endangerment.
Criminal Law and Procedure Jun. 10, 1999
People v. Griggs
Juvenile adjudication for residential burglary qualifies as strike under the three strikes law.
Criminal Law and Procedure Jun. 10, 1999
Bates v. Jones
Order
Jun. 10, 1999
California Coastal Commission v. Buckley
Coastal Commission loses jurisdiction over development of lot after placing it within single-family residence construction area.
Administrative Agencies Jun. 10, 1999
Jones v. Bates
Lifetime term limits on service in state legislative offices are invalid due to inadequate ballot measure.
Government Jun. 10, 1999
U.S. v. Stein
$6.3 million loss to victims doesn't substantially exceed $5 million level to justify upward sentencing departure.
Criminal Law and Procedure Jun. 10, 1999
U.S. v. Otis
Conspiracy to launder money isn't lesser included offense of aiding/abetting conspiracy to distribute.
Criminal Law and Procedure Jun. 10, 1999
Saidane v. Immigration and Naturalization Service
Use of available witness's damaging affidavit instead of compelled testimony violates alien's right to fair hearing.
Immigration Jun. 10, 1999
U.S. v. Cain
Defense attorney's subscription to joint jury instructions waives error of misdefinition of element of charged offense.
Criminal Law and Procedure Jun. 10, 1999
Wood v. Hall
State parolee who fled while appeal pending cannot raise habeas claim absent cause and prejudice.
Criminal Law and Procedure Jun. 10, 1999
Grisby v. Blodgett
Habeas petition cannot be denied based on evidence of bias by victim and improper sentencing scheme.
Criminal Law and Procedure Jun. 10, 1999
Williams v. MGM-Pathe Communications Co.
In class-action settlement, attorney fees are based on percentage of entire settlement fund or lodestar.
Civil Procedure Jun. 10, 1999
Paradis v. Arave
Government must disclose notes contradicting the jurisdictionally material testimony of medical witness on killing's location.
Criminal Law and Procedure Jun. 10, 1999
U.S. v. Shetty
Tax-fraud defendant's transfer of money offshore during IRS criminal investigation constitutes obstruction of justice.
Criminal Law and Procedure Jun. 10, 1999
Landaker v. Warner Brothers Inc.
Issuance of attachment writ after contested hearing doesn't bar subsequent action for malicious prosecution.
Torts Jun. 10, 1999
Perry v. Harco National Insurance Co.
Agency-required MCS-90 liability insurance endorsement for motor carriers isn't extended to independent contractor's negligence.
Insurance Jun. 10, 1999
U.S. v. Hockings
Computer graphic image files containing retrievable images qualify as visual depictions under child pornography law.
Criminal Law and Procedure Jun. 10, 1999
Estate of Shockley v. Alyeska Pipeline Service Co.
Doctrine of 'reasonable expectations' doesn't apply to employee pension plans governed by ERISA.
Labor Law Jun. 10, 1999