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Name Category Published
People v. Quinn
Order
Jun. 6, 1999
Quality King Distributors Inc. v. L'Anza Research International Inc.
First sale doctrine is applicable to imported copies sold without authority of copyright owner.
Intellectual Property Jun. 6, 1999
Gray v. Maryland
Use of confession which substitutes blanks and word 'delete' for defendant's proper name is prohibited.
Criminal Law and Procedure Jun. 6, 1999
Correll v. Stewart
Counsel's failure to present available evidence during penalty phase requires evidentiary hearing on habeas claim.
Criminal Law and Procedure Jun. 6, 1999
Waste Action Project v. Dawn Mining Corp.
Uranium mill tailings aren't subject to EPA's pollutant discharge system permitting requirements.
Environmental Law Jun. 6, 1999
Catalina Cruises Inc. v. Luna
Vessel operator breaches duty of care by failing to alter course despite known hazardous weather conditions.
Torts Jun. 6, 1999
Calderon v. U.S. District Court (Malone)
District court order regarding extradition isn't reviewable by mandamus when ordinary appeal is available.
Criminal Law and Procedure Jun. 6, 1999
Ace v. Aetna Life Insurance Co.
Under Alaska law, health insurer's bad faith actions in denying disability claim warranted punitive damages.
Insurance Jun. 6, 1999
U.S. v. Mann
Order
Jun. 6, 1999
LaTourette v. WCAB
Employee's death isn't compensable since heart attack didn't arise out of and in course of employment.
Workers' Compensation Jun. 6, 1999
Pineda v. Ennabe
Landlord doesn't owe duty of care to assure tenant's children don't fall out of windows.
Torts Jun. 6, 1999
Generale Bank Nederland N.V. v. Eyes of the Beholder LTD
Failure to meet burden of proof resulting in adverse judgment doesn't trigger 'mandatory attorney fault' provision.
Business Law Jun. 6, 1999
People v. Cook
Fact that key element of crime is performed by another doesn't make accomplice aider and abettor.
Criminal Law and Procedure Jun. 6, 1999
Robert F. Kennedy Medical Center v. State Dept. of Health Services
Health Department can collect past liability from health care provider by offsetting future Medi-Cal payments.
Government Jun. 6, 1999
Marriage of Buzzanca
Husband and wife are deemed lawful parents after surrogate bears biologically unrelated child on their behalf.
Family Law Jun. 6, 1999
Townsend v. Superior Court
Discovery sanctions cannot be awarded to parties who aren't discovery proponents but joined motion to compel.
Administrative Agencies Jun. 6, 1999
Schonfeldt v. State of California
No liability of public entity is created if government property used for unforeseeable use.
Government Jun. 6, 1999
Maribel v. Superior Court of Sacramento County (Sacramento County Department of Health and Human Services)
Judicial Council cannot amend court rule in manner that contradicts statute.
Civil Procedure Jun. 6, 1999
Ochoa v. Pacific Gas and Electric Co.
Where declaration lacks foundation, it is insufficient to raise triable issue of material fact.
Civil Procedure Jun. 6, 1999
People v. Reese,
'Three strikes' sentence of 25 years to life doesn't violate prohibitions against cruel and unusual punishment.
Criminal Law and Procedure Jun. 6, 1999
People v. Steffens
Fraudulent charges are a necessary element of crime of altering access card account information.
Criminal Law and Procedure Jun. 6, 1999
People v. Beal
Trial court can condition probation on abstention from alcohol by defendant.
Criminal Law and Procedure Jun. 6, 1999
Furguiel v. Benov
Prisoner's prior armed robbery conviction renders him ineligible for sentence reduction based on drug program completion.
Criminal Law and Procedure Jun. 6, 1999
United States v. Bering Strait School District
School District isn't a 'state' for purposes of reimbursement under Indian Health Care Improvement Act.
Education Jun. 6, 1999
City of Los Angeles v. FAA
Agency conclusion that airport terminal expansion won't materially affect usage satisfies statute's 'hard look' requirement.
Environmental Law Jun. 6, 1999
State of California v. Campbell
Summary adjudication to defendant on state nuisance and environmental claims as part of injunction is appealable.
Environmental Law Jun. 6, 1999
Abboud v. INS
Immigrant visa applicant who is beneficiary of a relative petition has standing to appeal petition.
Immigration Jun. 6, 1999
PacOrd Inc. v. United States
Subcontractor can enforce government's oral guarantee of payment by general contractor as implied-in-fact contract.
Government Jun. 6, 1999
Avemco Insurance Co. v. Davenport
Change in design of aircraft fuel system bars coverage under aircraft liability policy.
Insurance Jun. 6, 1999
McNutt v. Benefits Review Board
Per diem used for food or lodging isn't includable as 'wage' for purposes of calculating disability benefits.
Workers' Compensation Jun. 6, 1999