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Name Category Published
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
Bankruptcy of Harvey
Trustee may avoid unrecorded property interest based on disclosure in bankruptcy schedules.
Bankruptcy Jun. 7, 1999
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
Polensky v. Kyocera International, Inc.
Employer's parent company is properly held jointly and severally liable for employee's injuries.
Torts Jun. 7, 1999
Aerojet-General Corporation v. Transport Indemnity Co.
Erroneous jury instructions requires redetermination of whether site investigation costs are reimbursable defense costs.
Insurance Jun. 7, 1999
Fireman's Fund Insurance Co. v. Cho Young Shipping Co.
No in rem proceedings in foreign courts doesn't bar enforcing forum-selection clause in overseas shipping contract.
Maritime Law Jun. 7, 1999
Aerojet-General Corporation v. Transport Indemnity Co.
Site investigation expenses can constitute defense costs insurer must incur in fulfilling duty to defend.
Insurance Jun. 7, 1999