| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
H015142 and H015728
|
State Farm Fire & Casualty Co. v. Century Indemnity Co.
Insurer of school district doesn't have duty to defend teacher accused of sexually molesting students. |
Insurance |
|
Jun. 7, 1999 | |
|
96-55853
|
Standard Insurance Co. v. Saklad
Fiduciary under ERISA cannot withhold payment from beneficiary as setoff for undeserved benefits under different plan. |
Labor Law |
|
Jun. 7, 1999 | |
|
97-35200 and 97-35201
|
Tierney v. Kupers
Prison Litigation Reform Act counts prisoners' suits dismissed as frivolous before Act in determining filing restrictions. |
Prisoners Rights |
|
Jun. 7, 1999 | |
|
95-16974
|
United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada v. Bechtel Construction Co.
Court can fill blank space for arbitrator's name in agreement if contentious unions do not. |
Labor Law |
|
Jun. 7, 1999 | |
|
96-36062 and 96-36063
|
Bankruptcy of Pintlar Corp.
New rule of personal jurisdiction over foreign residents applies to pending action if 'just and practicable.' |
Bankruptcy |
|
Jun. 7, 1999 | |
|
96-50531
|
U.S. v. Lussier
Intent to use explosive device as weapon isn't necessary for possession by convicted felon conviction. |
Criminal Law and Procedure |
|
Jun. 7, 1999 | |
|
96-55606
|
United States v. $129,727.00 U.S. Currency
Government gets money forfeiture judgment on preliminary probable cause showing absent evidence of non-drug-related source. |
Civil Procedure |
|
Jun. 7, 1999 | |
|
96-17285
|
Brooks v. United States
Bankruptcy trustee has no protected property or liberty interest in membership in Chapter 7 panel. |
Bankruptcy |
|
Jun. 7, 1999 | |
|
96-35768
|
Anderson v. United States
Government isn't liable for attorney fees award to successful plaintiff in Federal Torts Claim Act case. |
Torts |
|
Jun. 7, 1999 | |
|
96-36213
|
Stein v. Wood
District court has jurisdiction concurrent with appeals court over custody of habeas corpus petitioner. |
Criminal Law and Procedure |
|
Jun. 7, 1999 | |
|
96-35283
|
Bankruptcy of Video Depot Ltd.
Trustee can recover corporate debtor's prepetition payment by cashier's check to a controlling principal's creditor. |
Bankruptcy |
|
Jun. 7, 1999 | |
|
96-99021 and 96-99023
|
Wharton v. Calderon
In federal habeas action, warden cannot be barred from interviewing potential witnesses outside deposition setting. |
Criminal Law and Procedure |
|
Jun. 7, 1999 | |
|
A074966
|
Amvest Mortgage Corporation v. Antt
Commissioner cannot suspend license of broker where offending officer has been disassociated from the corporation. |
Administrative Agencies |
|
Jun. 7, 1999 | |
|
C023943
|
People v. Gontiz
Defendant is permitted to withdraw guilty plea if not properly advised of all possible immigration consequences. |
Criminal Law and Procedure |
|
Jun. 7, 1999 | |
|
G018175
|
People v. Silvey
Defendant committing manslaughter against 'intruder' at friend's house isn't entitled to defense of habitation instruction. |
Criminal Law and Procedure |
|
Jun. 7, 1999 | |
|
B108759
|
Blake v. City of Port Hueneme
Special assessments against real property which don't provide special benefits to homeowners are invalid. |
Taxation |
|
Jun. 7, 1999 | |
|
F024542
|
People v. Spry
Jury isn't instructed correctly on magnitude of defendant's burden of proving affirmative defense. |
Criminal Law and Procedure |
|
Jun. 7, 1999 | |
|
A075345
|
Grahn v. Tosco Corp.
Hirer of independent contractor can be liable for asbestos injury to employee of contractor. |
Torts |
|
Jun. 7, 1999 | |
|
S057910
|
Bonagua v. Owens Corning Fiberglass Corp.
Order |
|
Jun. 7, 1999 | ||
|
S053261
|
Peterson v. Owens Corning Fiberglass Corp.
Order |
|
Jun. 7, 1999 | ||
|
97-1191
|
Bankruptcy of Bertain
No adversary proceeding dismissal if period for serving complaint is tolled and good cause exists. |
Bankruptcy |
|
Jun. 7, 1999 | |
|
96-1959
|
Bankruptcy of Lee
Trust deed's inclusion of personal property collateral did not allow plan modification of secured claim. |
Bankruptcy |
|
Jun. 7, 1999 | |
|
96-1649
|
Bankruptcy of Schmitt
Revocable trust is not estate property and missing trust documents don't preclude settlement approval. |
Bankruptcy |
|
Jun. 7, 1999 | |
|
95-2258
|
Bankruptcy of Elias
No jurisdiction over bankruptcy attorney's employment and compensation issues after dismissal of case. |
Bankruptcy |
|
Jun. 7, 1999 | |
|
A073292
|
Delaney v. Baker
Damages for pain and suffering are permissible under Elder Abuse and Dependent Adult Civil Protection Act. |
Torts |
|
Jun. 7, 1999 | |
|
95-99018
|
Gerlaugh v. Stewart
Defense attorney isn't ineffective per se for not arguing against death penalty at sentencing hearing. |
Criminal Law and Procedure |
|
Jun. 7, 1999 | |
|
95-16704
|
Henry v. The County of Shasta
Post-event evidence is admissible to prove municipal policy or custom of unconstitutional treatment of arrestees. |
Civil Rights |
|
Jun. 7, 1999 | |
|
96-35713
|
Enron Oil Trading & Transportation Co. v. Walbrook Insurance Co. Ltd.
Pollution exclusion doesn't apply to losses from addition of foreign substance to crude oil through pipeline. |
Insurance |
|
Jun. 7, 1999 | |
|
H015142 and H015728
|
State Farm Fire & Casualty Company v. Century Indemnity Company
Insurer of school district doesn't have duty to defend teacher accused of sexually molesting students. |
Insurance |
|
Jun. 7, 1999 | |
|
95-99005
|
Bloom v. Calderon
Ineffective assistance of counsel results from not providing psychiatrist available evidence of defendant's mental illness. |
Criminal Law and Procedure |
|
Jun. 7, 1999 |
