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Name Category Published
Bankruptcy of Moses
Valid anti-alienation provision in Keogh retirement plan is sufficient to exclude plan from estate assets.
Bankruptcy Jun. 6, 1999
Bankruptcy of Trujillo
Pre-bankruptcy transfers of home and car by debtor for no consideration are avoidable fraudulent transfers.
Bankruptcy Jun. 6, 1999
Chicago v. Int'l College of Surgeons
Federal jurisdiction exists for claim local administrative action violates federal law and state law claim.
Civil Procedure Jun. 6, 1999
Lechuza Villas West v. California Coastal Commission
Property owner doesn't establish development right absent establishment of location of legal boundary.
Real Property Jun. 6, 1999
General Electric Co. v. Joiner
11th Circuit erroneously uses stringent review standard, instead of discretion abuse, regarding excluding expert testimony.
Torts Jun. 6, 1999
Aldrich v. Bowen
Order
Jun. 6, 1999
U.S. v. Mann
Under Insanity Defense Reformation Act, "maximum term authorized by law' refers to statutory limit for crime.
Criminal Law and Procedure Jun. 6, 1999
Hudson v. Board of Administration of the Public Employees' Retirement System
Converting employer-paid benefits to salary isn't compensation for pension calculation under Public Employees' Retirement Law.
Labor Law Jun. 6, 1999
County of Stanislaus v. Gibbs
Court's reduction of presumptively correct child support amount without finding of special circumstances is error.
Family Law Jun. 6, 1999
People v. Peron
Court order modifying injunction to allow defendants to continue furnishing marijuana at business establishment is error.
Torts Jun. 6, 1999
Spencer v. Merced County Office of Education
Service of claim on wrong public entity isn't excusable absent reasonable mistake and diligence by attorney.
Torts Jun. 6, 1999
McBrearty v. City of Brawley
City is required to submit proposed utility tax to vote of local electorate.
Government Jun. 6, 1999
Sherwood v. Alaimo
Nondelegable duty cannot be avoided by employing subcontractor to carry out contract.
Torts Jun. 6, 1999
Jackson v. County of Los Angeles
Restriction for stress-free environment precludes plaintiff's continued employment as police officer and bars claim.
Employment Law Jun. 6, 1999
People v. Superior Court (Pipkin)
Sentencing court must set forth in writing reasons for striking defendants prior serious felony convictions.
Criminal Law and Procedure Jun. 6, 1999
People v. Fairbanks
Conviction and death sentence for torture and murder of woman while attempting rape is warranted.
Criminal Law and Procedure Jun. 6, 1999
U.S. v. Gutierrez-Cervantez
Alien who had counsel at prior judgment cannot collaterally attack it after illegal re-entry.
Criminal Law and Procedure Jun. 6, 1999
Rueda-Menicucci v. INS
Order
Jun. 6, 1999
Barjon v. Dalton
Plaintiff seeking attorney fees above prevailing rate in forum district must establish unavailability of local counsel.
Employment Law Jun. 6, 1999
U.S. v. Bauer
In a prosecution for concealing assets, defendant's attorney client privilege is violated by bankruptcy attorney's testimony.
Criminal Law and Procedure Jun. 6, 1999
People v. Noriega
Failure to properly advise of the risks and dangers of self-representation results in prejudicial error.
Criminal Law and Procedure Jun. 6, 1999
Redmond v. Secure Horizons
Court lacks jurisdiction over claim arising under Medicare Act where plaintiff hasn't exhausted administrative remedies.
Insurance Jun. 6, 1999
Lights of America Inc. v. U.S. District Court (SK America Inc.)
Only Federal Circuit can consider mandamus petition relating to prejudgment orders in patent infringement action.
Intellectual Property Jun. 6, 1999
United Pacific Insurance Co. v. First State Insurance Co. (Rohr Industries Inc.)
Court lacks power to authorize good faith settlement which bars all other claims, present and future.
Insurance Jun. 6, 1999
Marriage of Corman
Spousal support isn't included in gross income calculation for purposes of determining child support.
Family Law Jun. 6, 1999
Estate of Kelm
Parental relationship established in divorce decree is res judicata to determination of issue during probate.
Probate and Trusts Jun. 6, 1999
People v. Myers
Penal Code does not bar imposition of six-year enhancement on first-degree murder conviction.
Criminal Law and Procedure Jun. 6, 1999
People v. Ramirez
Probable cause to stop vehicle can be based on information furnished by another officer.
Criminal Law and Procedure Jun. 6, 1999
Unland v. Block
County employee retirement association doesn't have exclusive jurisdiction to determine whether officer retired for psychological reasons.
Government Jun. 6, 1999
Pagano v. Krohn
Agent's disclosure regarding water intrusion on property is sufficient to satisfy duty to disclose.
Real Property Jun. 6, 1999