| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
B104618
|
Nissel v. The Subscribing Underwriters at Lloyd's of London
No coverage under jeweler's block policy for theft of jewels from salesperson's unattended vehicle. |
Insurance |
|
May 21, 1999 | |
|
96-10348
|
U.S. v. Sprague
Base offense level calculation for drugs requires excluding weight of materials removed to make product usable. |
Criminal Law and Procedure |
|
May 21, 1999 | |
|
97-30119
|
U.S. v. Clavette
Defendant isn't entitled to jury trial for killing grizzly bear in violation of Endangered Species Act. |
Criminal Law and Procedure |
|
May 21, 1999 | |
|
96-15720
|
United States v. Real Property
In civil forfeiture action against property, due process doesn't require owner actually receive notice of proceeding. |
Civil Procedure |
|
May 21, 1999 | |
|
97-15005
|
Tyler v. Cisneros
Historic Preservation Act claims regarding federal housing funds after release, aren't barred by statute of limitations |
Environmental Law |
|
May 21, 1999 | |
|
97-15052
|
Tucson Airport Authority v. General Dynamics Corp.
Administrative Procedure Act doesn't waive government's sovereign immunity for war contractor's suit under Contract Settlement Act. |
Environmental Law |
|
May 21, 1999 | |
|
97-30042
|
U.S. v. Doe
Federal arson statute is violated when structural fire develops from smoldering paper ignited by juvenile. |
Criminal Law and Procedure |
|
May 21, 1999 | |
|
97-10201
|
People for the Territory of Guam v. Veloria
Prosecutor's erroneous elicitation of testimony regarding defendant's invocation of right to remain silent doesn't require objection. |
Criminal Law and Procedure |
|
May 21, 1999 | |
|
97-35124
|
Dodd v. Hood River County
Issues in state administrative and judicial proceedings preclude relief in parallel federal 'takings' claim. |
Real Property |
|
May 21, 1999 | |
|
96-55528
|
Bankruptcy of Weisberg
Relief from automatic stay isn't required to liquidate stock pledged by debtor as 'margin loan' collateral. |
Bankruptcy |
|
May 21, 1999 | |
|
E019765
|
People v. James
Order |
|
May 21, 1999 | ||
|
95-55657
|
Cooper v. Pickett
Fraud liability is based on statements to analyst by corporate insiders with intent to reach market. |
Securities |
|
May 21, 1999 | |
|
96-16519
|
Mach v. Stewart
Further court voir dire necessary to find if potential juror's prejudicial expert-like statements infected panel. |
Criminal Law and Procedure |
|
May 21, 1999 | |
|
B116436
|
Banner Entertainment, Inc. v. Superior Court (Alchemy Filmworks, Inc.)
Arbitration agreements created by oral contract or past behavior must be evidenced to be enforced. |
Contracts |
|
May 21, 1999 | |
|
A076192
|
People v. Gokey
Separate sentence enhancements may be imposed for prior conviction and prior sentence relating to same offense. |
Criminal Law and Procedure |
|
May 21, 1999 | |
|
B092588
|
Wall v. Siegel
Partners' obligations to contribute toward partnership's liabilities are proportional to their respective entitlements to profits. |
Corporations |
|
May 21, 1999 | |
|
D029568
|
Goehring v. Superior Court (Bernier)
Personal jurisdiction over general partners depends upon each partner's individual conduct. |
Civil Procedure |
|
May 21, 1999 | |
|
F027418
|
People v. Barrajas
Diversion is available on same basis to those who attempt offense as those who complete it. |
Criminal Law and Procedure |
|
May 21, 1999 | |
|
96-56405
|
Kevorkian v. Arnett
Order |
|
May 21, 1999 | ||
|
B103522
|
San Paolo U.S. Holding Co. v. 816 South Figueroa Co.
'Fair value' following judicial foreclosure isn't reduced by impact of foreclosure or right of redemption. |
Real Property |
|
May 21, 1999 | |
|
F025841
|
People v. Gray
Arming enhancement applies even where gun and drugs are located in two different structures. |
Criminal Law and Procedure |
|
May 21, 1999 | |
|
G021986
|
McClune v. WCAB
Worker's Compensation Appeals Board doesn't exceed its power by taking additional evidence where there is conflict. |
Workers' Compensation |
|
May 21, 1999 | |
|
B114249
|
County of Los Angeles v. Warmoth
Default judgment in AFDC reimbursement action is set aside to permit defendant to disprove paternity. |
Family Law |
|
May 21, 1999 | |
|
96-70954
|
Todd Shipyards Corp. v. Director, Office of Workers Compensation Programs
No setoff for amounts employee receives from third parties where disability results from two distinct injuries. |
Workers' Compensation |
|
May 21, 1999 | |
|
96-56800 and 97-55028
|
Fang v. United States
Discretionary function exception to FTCA doesn't shield emergency medical technician's failure to provide prescribed treatment. |
Government |
|
May 21, 1999 | |
|
94-30229
|
U.S. v. Noushfar
Automatic reversal is required after deliberating jury listens to tapes not played in open court. |
Criminal Law and Procedure |
|
May 21, 1999 | |
|
96-35895
|
Mockler v. Multnomah County
Employer doesn't have burden of proving that it took prompt and effective remedial measures. |
Civil Rights |
|
May 21, 1999 | |
|
96-36254
|
Corrigan v. Bargala
Failure of clerk to enter separate judgment keeps notice of appeal time from running. |
Civil Procedure |
|
May 21, 1999 | |
|
97-10128
|
U.S. v. Peterson
Prejudicial error occurs when prosecutor argues redacted statement by co-defendant refers to defendant. |
Criminal Law and Procedure |
|
May 21, 1999 | |
|
97-55300
|
Federal Deposit Insurance Corp. v. Mahoney
Value of obligation that is contingent when receiver is appointed does not constitute 'rent' due. |
Banking |
|
May 21, 1999 |
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