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Name Category Published
Barber v. Miller
Rule 11 sanctions can't be imposed where action was dismissed before sanctions were sought.
Civil Procedure Apr. 13, 1999
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
U.S. v. Bennett
District court can't consider defendant's challenge to forfeiture order after defendant declined to appeal it.
Criminal Law and Procedure Apr. 13, 1999
Ortega v. Pajaro Valley Unified School District
School district estopped from asserting statute of limitations against one of two children molested by teacher.
Torts Apr. 13, 1999
Aas v. Superior Court (The William Lyon Co.)
Homeowners can't claim pure economic loss damages or market 'stigma' damages in construction defect suit.
Real Property Apr. 13, 1999
U.S. v. Lopez-Sandoval
Translator for drug operation isn't subject to sentence enhancement as organizer or leader of conspiracy.
Criminal Law and Procedure Apr. 13, 1999
Batchelder v. Kawamoto
American Depository Receipt holder has no derivative claim if foreign law limits standing to shareholders of record.
Securities Apr. 13, 1999
Bankruptcy of Cardinalli
Order
Apr. 13, 1999
Calderon v. U.S. District Court (Kelly)
Order
Apr. 13, 1999
Ortega v. Pajaro Valley Unified School District
School district estopped from asserting statute of limitations against one of two children molested by teacher.
Torts Apr. 13, 1999
Haddle v. Garrison
Loss of at-will employment is an injury under federal statute protecting federal witnesses from coercion.
Employment Law Apr. 13, 1999
People v. Scott
Criminal defendant has no right of self-representation on appeal.
Criminal Law and Procedure Apr. 13, 1999
Estate of Starkweather
Department of Health Services may sue personal representative who fraudulently stated that decedent didn't receive Medi-Cal.
Administrative Agencies Apr. 13, 1999
Warren v. Superior Court (Taylor)
Defense counsel's challenge for cause of trial judge for bias or prejudice isn't supported by record.
Criminal Law and Procedure Apr. 13, 1999
Alliance Financial v. City and County of San Francisco
Public entity's silence in face of claim waives technical objections to manner in which claim was presented.
Torts Apr. 13, 1999
Pauletto v. Reliance Insurance Co.
Claims for malicious prosecution and abuse of process are pre-empted by federal bankruptcy laws.
Bankruptcy Apr. 13, 1999
Hansell v. Santos Robinson Mortuary
Mortuary has no duty of care to ensure propriety of services performed by crematorium.
Torts Apr. 13, 1999
Geissal v. Moore Medical Corp.
Employer can't deny continuation coverage because beneficiary has other group health coverage at time of election.
Employment Law Apr. 13, 1999
Cass County, Minnesota v. Leech Lake Band of Chippewa Indians
State and local governments may tax reservation land that was sold to non-Indians and later repurchased.
Native American Affairs Apr. 13, 1999
Minnesota v. Mille Lacs Band
Certiorari granted
Apr. 13, 1999
Roberts v. Gelen of Virginia
Certiorari granted
Apr. 13, 1999
Ho v. San Francisco Unified School District
Trial is necessary to determine whether San Francisco may continue to use race-based criteria in school admissions.
Civil Rights Apr. 13, 1999
Luther Burbank Savings and Loan Assn. v. Community Construction Inc.
Unpaid tax lien is considered when calculating property's fair value for deficiency judgment purposes.
Real Property Apr. 13, 1999
Coleman v. County of Santa Clara
Santa Clara County Measure B sales tax is general tax validated by simple majority vote.
Taxation Apr. 13, 1999
Kennedy v. Superior Court (Lucky Stores Inc.)
Party submitting to medical examination is entitled to report of examination and may depose examining physician.
Civil Procedure Apr. 13, 1999
North Oakland Medical Clinic v. Rogers
Requests for prejudgment interest must be made prior to judgment and filed within time to file for new trial.
Civil Procedure Apr. 13, 1999
Gatton v. A.P Green Services Inc.
Deposition testimony that is inadmissible hearsay doesn't create triable issue of fact defeating summary judgment.
Civil Procedure Apr. 13, 1999
Bankruptcy of Ernst Home Center Inc.
Appeal is dismissed as moot due to changed circumstances where no stay was ordered pending appeal.
Bankruptcy Apr. 13, 1999
Collins v. Pension and Insurance Committee of the Southern California Rock Products and Ready Mixed Concrete Assns.
Pension fiduciary needn't increase benefits when overfunding occurs unless plan creates such obligation.
Labor Law Apr. 13, 1999
Hanlon v. Chrysler Corp.
Class representative in state class action can't opt whole state out of federal class action without individuals' consent.
Civil Procedure Apr. 13, 1999