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Cooper v. Mountains Recreation and Conservation Authority (Canyon Oaks Estates)
Joint public entity doesn't exceed its power under joint powers agreement.
Government Jun. 7, 1999
City of Hawaiian Gardens v. City of Long Beach
City cannot close street at border with another city when significant negative impact may result.
Government Jun. 7, 1999
U.S. v. United States Shoe Corp.
Ad valorem Harbor Maintenance Tax violates export clause as applied to exports.
Taxation Jun. 7, 1999
Fuller v. Bethany Apostolic Church
Negligent and intentional spoliation of evidence claims are dismissed for not filing within statute of limitations.
Torts Jun. 7, 1999
Leon v. Family Fitness Center (#107) Inc.
Purported release isn't sufficiently copious nor unambiguous to insulate fitness company from liability for patron's injuries.
Torts Jun. 7, 1999
People v. Haynes
Evidence supports finding defendant aided and abetted robbery occurring in two incidents of continuing nature.
Criminal Law and Procedure Jun. 7, 1999
Burbank-Glendale-Pasadena Airport Authority v. City of Burbank
Joint powers agency created under state law lacks standing to assert federal pre-emption of state statute.
Government Jun. 7, 1999
Rodney F. v. Karen M.
Presumption that cohabiting husband is father of child doesn't violate biological father's due process rights.
Family Law Jun. 7, 1999
People v. Brodit
Admission of child abuse victim's hearsay statements pursuant to statute doesn't violate due process.
Criminal Law and Procedure Jun. 7, 1999
Monreal v. Tobin
Driver traveling at posted speed isn't comparatively liable for accident caused by speeding vehicle.
Torts Jun. 7, 1999
Image Technical Service Inc. v. Eastman Kodak Co.
Antitrust violator isn't required to pay fees to plaintiff for law firm that is disqualified.
Antitrust Jun. 7, 1999
Byrd v. Guess
In civil rights action, survivors of person killed by police must show representative capacity in complaint.
Civil Rights Jun. 7, 1999
Gulliford v. Pierce County
Legally correct proposed jury instruction can serve as objection for purpose of appeal.
Civil Procedure Jun. 7, 1999
U.S. v. Moore
Conviction based on conduct not illegal when defendant was arrested constitutes plain error
Criminal Law and Procedure Jun. 7, 1999
Ordonez v. INS
In suspension of deportation application, evidence that alien faces certain death in homeland must be considered.
Immigration Jun. 7, 1999
U.S. v. Shannon
'Deliberate ignorance' jury instruction is appropriate if evidence shows defendant's actual knowledge letter contained threat.
Criminal Law and Procedure Jun. 7, 1999
Rohde v. City of Roseburg
Police report that vehicle is stolen supports probable cause to arrest driver but not passenger.
Civil Rights Jun. 7, 1999
C.N.R. Atkin v. Smith
Vessel owner's misrepresentation of crewmember's criminal history to insurer allows rescission of policy.
Insurance Jun. 7, 1999
U.S. v. Fisher
Defendant doesn't fail to appear when new appearance date set in his absence before original date.
Criminal Law and Procedure Jun. 7, 1999
Brown v. Myers
Defense counsel's failure to investigate, locate, and produce corroborating alibi witness is ineffective assistance of counsel.
Criminal Law and Procedure Jun. 7, 1999
Peterson v. Owens-Corning Fiberglas Corp.
Cause of action for latent disease accrues when plaintiff is actually injured, not when exposure occur.
Torts Jun. 7, 1999
Lake Mohave Boat Owners Association v. National Park Service
Interior Secretary's failure to consider water pollution levels when setting marina's boat docking rates isn't arbitrary.
Environmental Law Jun. 7, 1999
Monterey Mechanical Co. v. Wilson
Order
Jun. 7, 1999
Picray v. Sealock
Police have probable cause to arrest voter attempting to enter polling area wearing political buttons.
Civil Rights Jun. 7, 1999
Clarey v. Gregg
Extradition to Mexico for simple homicide doesn't violate dual criminality since act analogous to felony murder.
Criminal Law and Procedure Jun. 7, 1999
State of California v. Campbell
State court-appointed receiver isn't entitled to immunity when sued in its representative capacity.
Government Jun. 7, 1999
Meller & Snyder v. R & T Properties Inc.
Alleged joint debtor has due process right to contest merits of liability claim.
Civil Procedure Jun. 7, 1999
Bankruptcy of Watson
Self-employed and sole participant in retirement plan cannot exempt plan from estate assets.
Bankruptcy Jun. 7, 1999
Transbay Container Terminal v. U.S. Dept. of Benefits Review Board
Medical records showing risk factors for fatal disability don't make employee's condition 'manifest' to employer.
Workers' Compensation Jun. 7, 1999
Clinton v. New York City
Order
Jun. 7, 1999