Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
B126017
|
People v. Superior Court (Johannes)
Under the Sexually Violent Predator Act, crimes against children under 14 need not be committed with force to satisfy statute. |
Criminal Law and Procedure |
|
Apr. 14, 1999 | |
97-1139
|
U.S. v. Rodriguez-Moreno
Federal firearms statute violations can be prosecuted in any district where the crime of violence occurs. |
Criminal Law and Procedure |
|
Apr. 14, 1999 | |
97-15918
|
U.S. v. Cruz-Mendoza
Order |
|
Apr. 13, 1999 | ||
97-303
|
Humana Inc. v. Forsyth
Where application of federal law doesn't conflict with state policy, federal action isn't barred by McCarran-Ferguson Act. |
Insurance |
|
Apr. 13, 1999 | |
97-50096
|
U.S. v. Yossunthorn
Attempted possession with intent to distribute heroin not substantiated absent evidence of substantial step toward possession of the heroin. |
Criminal Law and Procedure |
|
Apr. 13, 1999 | |
97-1709
|
Kumho Tire Co. v. Carmichael
'Gatekeeping' obligation of evidentiary rule applies not just to 'scientific' testimony, but to all expert testimony. |
Civil Procedure |
|
Apr. 13, 1999 | |
97-1574 & 97-1698
|
Bankruptcy of American Eagle Mfg. Inc.
Chapter 7 trustee is properly certified pursuant to 11 U.S.C. Section 702 after a disputed creditor election. |
Bankruptcy |
|
Apr. 13, 1999 | |
97-2349
|
Wright v. Maddox
Prejudicial error occurs when prosecutor calls unsworn witness to elicit his refusal to testify and then elicits double hearsay that defendant threatened witness. |
Criminal Law and Procedure |
|
Apr. 13, 1999 | |
97-7541
|
Mitchell v. U.S.
Defendant who pleads guilty at trial doesn't waive right to remain silent at sentencing. |
Criminal Law and Procedure |
|
Apr. 13, 1999 | |
B109188
|
Drain v. Betz Laboratories Inc.
Discrimination claim is barred by assertions of total disability when applying for workers' compensation benefits. |
Civil Rights |
|
Apr. 13, 1999 | |
96-55349
|
United States v. Northrop Corp.
Qui tam relator loses standing and can't proceed with action after government settles. |
Government |
|
Apr. 13, 1999 | |
97-14
|
Michigan v. United States
Certiorari granted |
|
Apr. 13, 1999 | ||
97-296
|
MI Dept. of Environmental Quality v. Bestfoods
Order |
|
Apr. 13, 1999 | ||
97-1163
|
Donahey v. Livingstone
Certiorari granted |
|
Apr. 13, 1999 | ||
95-56393
|
Peterson v. Highland Music Inc.
Music composer may rescind 30 year old royalty contract for breach of continuing payment obligation. |
Intellectual Property |
|
Apr. 13, 1999 | |
96-55920
|
Parrino v. FHP Inc.
Employee Retirement Income Security Act pre-empts state law claims regarding health plan's claims procedures. |
Labor Law |
|
Apr. 13, 1999 | |
B108515
|
Exxess Electronixx v. Heger Realty Corp.
Real estate broker isn't entitled to attorney fees in action regarding commercial lease that was dismissed. |
Contracts |
|
Apr. 13, 1999 | |
S070495
|
Quemetco, Inc. v. Superior Court (Houston General Insurance Co.)
Review granted |
|
Apr. 13, 1999 | ||
G016225
|
Norco Delivery Service Inc. v. Owens-Corning Fiberglas Inc.
Court approving good faith settlement may dismiss 'direct' claims that are artfully pleaded claims for indemnity or contribution. |
Civil Procedure |
|
Apr. 13, 1999 | |
97-1499
|
Rivers v. The Walt Disney Company
Staying proceedings in class action pending outcome of motion to consolidate serves judicial economy interests. |
Civil Procedure |
|
Apr. 13, 1999 | |
97-1418
|
Bank of America Natl. Trust v. 203 N. LaSalle St. Partners
Equity holders may not, over objection, contribute new capital in exchange for ownership in a reorganized entity. |
Bankruptcy |
|
Apr. 13, 1999 | |
97-1470
|
Bankruptcy of Gardenhire
Equitable tolling leads to finding that claim of government unit is timely in reinstated bankruptcy case. |
Bankruptcy |
|
Apr. 13, 1999 | |
97-1480
|
Bankruptcy of Walsh
Section 362(h) authorizes award of reasonable appellate attorney fees resulting from willful violation of stay. |
Bankruptcy |
|
Apr. 13, 1999 | |
97-1472
|
Haddle v. Garrison
Certiorari granted |
|
Apr. 13, 1999 | ||
97-1467
|
Bankruptcy of Cardinalli
Retroactive approval of employment and compensation to attorney for Chapter 7 trustee is not allowed. |
Bankruptcy |
|
Apr. 13, 1999 | |
B110426
|
People v. Bradley
Court's failure to impose or strike prior prison term enhancement leads to legally unauthorized sentence. |
Criminal Law and Procedure |
|
Apr. 13, 1999 | |
97-15016 and 97-15274
|
Exeter Memorial Hospital Assn. v. Belshe
Amendments to Medicare plans implemented prior to enactment of 1997 Medicare amendment require federal approval. |
Administrative Agencies |
|
Apr. 13, 1999 | |
97-1470
|
Bankruptcy of Gardenhire
Order |
|
Apr. 13, 1999 | ||
B111267
|
People v. Sinclair
Defendant isn't entitled to manslaughter instruction in absence of evidence indicting passion or imperfect self-defense. |
Criminal Law and Procedure |
|
Apr. 13, 1999 | |
B113263
|
Glasser v. Glasser
Appeal is dismissed as untimely based on trial court's finding regarding date of service of judgment. |
Civil Procedure |
|
Apr. 13, 1999 |