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Coleman v. Minnesota
Order
Apr. 12, 1999
Graham v. The Balcor Co.
ERISA doesn't pre-empt state claims arising from agreement to provide specified benefits to one employee.
Labor Law Apr. 12, 1999
People v. Lucero
Hearsay statements in robbery trial are harmless and officer's lay opinion regarding shoe print is admissible.
Criminal Law and Procedure Apr. 12, 1999
Kessel v. Leavitt
West Virginia judgment for wrongful interference with parental rights is entitled to full faith and credit.
Family Law Apr. 12, 1999
Wilmot v. Commission on Professional Competence (Kern High School District)
Teacher and district may stipulate to extend 60-day deadline for hearing before Commission on Professional Competence.
Education Apr. 12, 1999
Aaris v. Las Virgenes Unified School District
Doctrine of primary assumption of risk bars cheerleader's bodily injury claim against school district.
Torts Apr. 12, 1999
People v. Lopez
Victim's preliminary hearing testimony properly admitted after reasonable diligence used to locate her for trial.
Criminal Law and Procedure Apr. 12, 1999
Kane v. Capital Guardian Trust Co.
Trust company isn't liable for liquidating Individual Retirement Account to pay tax levy against taxpayer.
Taxation Apr. 12, 1999
People v. Hong
Clerks must record restitution fines on abstracts of judgment.
Criminal Law and Procedure Apr. 12, 1999
Rainbow Disposal Co. v. Mobilehome Park Rental Review Board (City of Escondido)
Mobilehome park rent review board's rent increase order is supported by substantial evidence.
Real Property Apr. 12, 1999
US West Inc. v. Nelson
Johnson Act bars utility's federal action challenging constitutionality of state regulator's rate-setting policy.
Administrative Agencies Apr. 12, 1999
Stafford v. Mach
Insurer isn't entitled to relief from default judgment against insured after failing to exercise diligence.
Insurance Apr. 12, 1999
Burbank-Glendale-Pasadena Airport Authority v. City of Burbank
City's tax on airport parking is lawful, constitutional and consistent with airport joint powers agreement.
Taxation Apr. 12, 1999
City of Richmond v. Commission on State Mandates (State of California)
Statute eliminating offset for certain workers' compensation death benefits isn't a reimbursable state mandate.
Workers' Compensation Apr. 12, 1999
Lazarus v. Titmus
Motion to compel arbitration is properly denied where no evidence of party's consent to arbitration exists.
Civil Procedure Apr. 12, 1999
Guardianship of Kassandra H.
Court considering termination of guardianship must consider overall moral fitness of natural parent.
Family Law Apr. 12, 1999
Sierra Craft Inc. v. Magnum Enterprises Inc.
Local rule purporting to allow summary judgment in favor of non-moving party is void.
Civil Procedure Apr. 12, 1999
Sule v. United States
Order
Prisoners Rights Apr. 12, 1999
Elkassabi v. Suleiman
Order
Employment Law Apr. 12, 1999
Bennett v. Yoshina
Counting blank ballots as 'no' votes doesn't violate voters' First or Fourteenth Amendment rights.
Constitutional Law Apr. 12, 1999
Capital Cities/ABC Inc. v. Ratcliff
Carriers hired as independent contractors aren't eligible for benefits under their newspaper's ERISA plans.
Employment Law Apr. 12, 1999
People v. Walker
Unconstitutional race-based peremptory challenge must appear racially motivated under all relevant circumstances.
Criminal Law and Procedure Apr. 12, 1999
American Telephone & Telegraph Co. v. Central Office Telephone Inc.
Communications Act tariff provisions pre-empt long distance re-seller's state claims against common carrier.
Constitutional Law Apr. 12, 1999
Bakersfield v. WCAB
Individual designated as witness by one party but not called may be cross-examined by other party.
Workers' Compensation Apr. 12, 1999
United States v. Baird-Neece Packing Corp.
Government may dismiss meritorious qui tam action over relator's objection for a legitimate governmental purpose.
Government Apr. 12, 1999
People v. Sanchez
Abstract of judgment must reflect order for restitution of laboratory fees.
Criminal Law and Procedure Apr. 12, 1999
Wisconsin Dept. of Corrections v. Schacht
Presence of claim barred by Eleventh Amendment doesn't destroy removal jurisdiction over remainder of case.
Constitutional Law Apr. 12, 1999
U.S. v. Bajakajian
Forfeiture of unreported currency transported out of country for lawful purpose is grossly disproportional to offense.
Criminal Law and Procedure Apr. 12, 1999
Amos v. MD Dept. of Public Safety
Order
Apr. 12, 1999
Apker v. United States
Order
Apr. 12, 1999