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Name Category Published
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
Quemetco, Inc. v. Superior Court (Houston General Insurance Co.)
Review granted
Apr. 13, 1999
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
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
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
Bankruptcy of Gardenhire
Equitable tolling leads to finding that claim of government unit is timely in reinstated bankruptcy case.
Bankruptcy Apr. 13, 1999
Bankruptcy of Walsh
Section 362(h) authorizes award of reasonable appellate attorney fees resulting from willful violation of stay.
Bankruptcy Apr. 13, 1999
Haddle v. Garrison
Certiorari granted
Apr. 13, 1999
Bankruptcy of Cardinalli
Retroactive approval of employment and compensation to attorney for Chapter 7 trustee is not allowed.
Bankruptcy Apr. 13, 1999
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
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
Bankruptcy of Gardenhire
Order
Apr. 13, 1999
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
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
Drain v. Betz Laboratories, Inc.
Order
Apr. 13, 1999
Kiowa Tribe of OK v. Aircraft Equipm. Co. et al.
Order
Apr. 13, 1999
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