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Keulen v. WCAB
New, undisputed medical evidence rebuts presumption that original treating physician's evaluation was correct.
Workers' Compensation Mar. 19, 1999
Dept. of Corrections v. Office of Administrative Hearings (Holmes)
Extending forced medication of mentally disordered prisoner doesn't require showing of new threats.
Prisoners Rights Mar. 19, 1999
People v. Herrera
Denial of counsel at show cause hearing that didn't occur because it was summarily dismissed is constitutional.
Criminal Law and Procedure Mar. 19, 1999
Edward Fineman Co. v. Superior Court (Bank of America NT & SA)
Amendment clarifying existing statute of limitations applies retroactively.
Business Law Mar. 19, 1999
Cabral v. Los Angeles County Metropolitan Transportation Authority
Uninsured motorist may recover only economic damages in connection with accident involving his parked car.
Torts Mar. 19, 1999
Maricela C. v. Superior Court (Los Angeles County Dept. of Children and Family Services)
Court needn't conduct contested hearing before setting permanent placement selection and implementation hearing.
Juveniles Mar. 19, 1999
Manfredi & Levine v. Superior Court (Barles)
Court needn't allow withdrawal based on ethical conflict if attorney won't disclose nature of conflict.
Attorneys Mar. 19, 1999
State Compensation Insurance Fund v. WCAB
Payment of benefits within time period specified by settlement agreement doesn't violate Labor Code.
Workers' Compensation Mar. 19, 1999
Desrosiers v. Flight International of Florida Inc.
Court of appeals can't grant judgment as matter of law to party that didn't request it in trial court.
Civil Procedure Mar. 19, 1999
U.S. v. Keys
Plain error review applies to jury instruction error regarding materiality element of perjury.
Criminal Law and Procedure Mar. 19, 1999
Fowler v. Block
Defendant's detention for 24 to 48 hours because of administrative release procedures isn't unreasonable.
Criminal Law and Procedure Mar. 19, 1999
Brown v. Allstate Insurance Co.
Factual issues relating to existence of employment relationship preclude dismissal.
Employment Law Mar. 19, 1999
Marks-Foreman v. Reporter Publishing Co.
Settlement agreement isn't enforceable because parties never agreed to terms.
Contracts Mar. 19, 1999
Mercer v. Borden
Managers may be liable as individuals for violations of the Family and Medical Leave Act.
Employment Law Mar. 19, 1999
GATX/Airlog Co. v. Evergreen International Airlines Inc.
Firm violates duty of loyalty by representing clients with adverse interests in same matter without waiver.
Attorneys Mar. 19, 1999
Kortan v. State of California
Derogatory racial and sexual comments about others don't create hostile work environment for white female employee.
Civil Rights Mar. 19, 1999
People v. Diaz
Court's failure to instruct jury immediately prior to deliberations doesn't constitute reversible error.
Criminal Law and Procedure Mar. 19, 1999
Favorite v. County of Los Angeles
Deadline for claim against government is tolled if claimant is mentally incapacitated and conservator doesn't know of claim.
Government Mar. 19, 1999
Judicial Council Coordination Proceeding No. 2967;
Order
Mar. 19, 1999
People v. Meeks
Review granted
Mar. 19, 1999
Daily Journal v. Superior Court (Merrill Lynch & Co. Inc.) (Citron)
Courts have discretion to order disclosure of grand jury proceedings terminated by settlement.
Criminal Law and Procedure Mar. 19, 1999
Surgin Surgical Instrumentation Incorp. v. Truck Insurance Exchange
Large punitive damage default judgment cannot stand where defendant wasn't given notice of amount sought.
Civil Procedure Mar. 19, 1999
U.S. v. Aguilar-Muniz
Validity of appeal waiver isn't undermined when court notifies defendant that unenforceable waivers remain appealable.
Criminal Law and Procedure Mar. 19, 1999
Native Village of Venetie IRA Council v. State of Alaska
Native villages' claims under Indian Child Welfare Act may be enforced under 42 U.S.C. Section 1983.
Civil Rights Mar. 19, 1999
U.S. v. Bulacan
Administrative search scheme to detect explosives in federal buildings doesn't extend to search for drugs.
Criminal Law and Procedure Mar. 19, 1999
Angel R., a Minor
Parent incarcerated out of state has adequate opportunity for reunification prior to permanent plan proceedings.
Juveniles Mar. 19, 1999
People v. Hokit
Mere suspicion that car tripped motion sensor near border doesn't support stop for 'immigration check.'
Criminal Law and Procedure Mar. 19, 1999
People v. Gray
Carjacking statute isn't unconstitutionally vague.
Criminal Law and Procedure Mar. 19, 1999
People v. Blardony
Customs agents may perform random searches of incoming international mail.
Criminal Law and Procedure Mar. 19, 1999
Dept. of Commerce v. United States House of Representatives
Order
Mar. 19, 1999