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MRT Construction Inc. v. Hardrives Inc.
Subcontractor isn't entitled to share of interest awarded to government contractor under Contract Disputes Act.
Government Mar. 12, 1999
People v. Duran
Defendant convicted of attempted murder receives conduct credit for only 15 percent of pre-sentencing incarceration time.
Criminal Law and Procedure Mar. 12, 1999
Marriage of Kelso
New judge can't rely on findings made by commissioner after he recused himself from dissolution action.
Family Law Mar. 12, 1999
Smith Kandal Real Estate v. Continental Casualty Co.
Insurer must defend broker who represented buyer and seller, where policy only excluded selling agent.
Insurance Mar. 12, 1999
North Shuttle Service Inc. v. California Public Utilities Commission
Loss of asset value and revenue isn't sufficient to show irreparable damage from loss of operating permission.
Administrative Agencies Mar. 12, 1999
Bankruptcy of Branam
Prepetition tort judgment has preclusive effect in nondischargeability action for willful and malicious injury.
Bankruptcy Mar. 12, 1999
Bankruptcy of Stoneking
Debtor may avoid lien that was 'fixed' on community property homestead prior to taking sole title by divorce decree.
Bankruptcy Mar. 12, 1999
Cigna Property and Casualty Insurance Co. v. Polaris Pictures Corp.
Failure to disclose material fact of principal's claim history warrants rescission of marine insurance policy.
Insurance Mar. 12, 1999
Donnelly v. Glickman
Male employees can't intervene in female employees' suit alleging hostile work environment gender discrimination.
Civil Rights Mar. 12, 1999
U.S. v. Akintobi
Using stolen credit card for cash advance and paying balance with fraudulent check is money laundering.
Criminal Law and Procedure Mar. 12, 1999
Obregon v. Superior Court (Cimm's Inc.)
Court must determine appropriate remedy if reasonable efforts weren't used to resolve discovery dispute.
Employment Law Mar. 12, 1999
Meister v. Regents of the University of California
Trial court properly ties attorney fees to hours effectively spent by attorneys.
Torts Mar. 12, 1999
U.S. v. Garcia-Guizar
Cash is subject to forfeiture only to extent government proves it is proceeds of drug transactions.
Criminal Law and Procedure Mar. 12, 1999
Korablina v. INS
Victim of repeated beatings and severe harassment due to religion has well-founded fear of persecution.
Immigration Mar. 12, 1999
Associated General Contractors of America, San Diego Chapter Inc. v. Metropolitan Water District of Southern California
Employee Retirement Income Security Act doesn't pre-empt or void public agency's private labor agreements.
Labor Law Mar. 12, 1999
Aydin Corporation v.First State Insurance Co.
Order
Mar. 12, 1999
Communications TeleSystems International v. California Public Utilities Commission
Federal court must abstain from action seeking injunction against California Public Utilities Commission.
Constitutional Law Mar. 12, 1999
United States v. Chemicals for Research and Industry
Injunction issued where company has cause to believe chemicals are being purchased to make methamphetamine.
Civil Procedure Mar. 12, 1999
Bankruptcy of Jackson
Failure to notify state tax board of federal tax reassessment is not 'failure to file' a return.
Bankruptcy Mar. 12, 1999
U.S. v. Padilla-Mendoza
Automatic dismissal of jurors based on drug policy views is abuse of discretion but doesn't create presumptively biased jury.
Criminal Law and Procedure Mar. 12, 1999
Reddick v. Chater
Disability claim can't be rejected merely because symptoms aren't observable or because claimant is occasionally active.
Administrative Agencies Mar. 12, 1999
People v. Johnson
Defendant who fails to register as sex offender for 3 months has intentionally and willfully failed to register.
Criminal Law and Procedure Mar. 12, 1999
Blue Cross of California v. Superior Court (Farquhar)
California law allowing court to order classwide arbitration isn't pre-empted by Federal Arbitration Act.
Constitutional Law Mar. 12, 1999
Albertson's Inc. v. United Food and Commercial Workers Union, AFL-CIO & CLC
Employees may sue under Fair Labor Standards Act even if collective bargaining agreement calls for arbitration.
Labor Law Mar. 12, 1999
Webber v. Crabtree
Warden of federal prison camp must designate outdoor areas where inmates may smoke.
Prisoners Rights Mar. 12, 1999
Turner v. Duncan
Defense counsel in murder case renders ineffective assistance by failing to investigate or read case file.
Criminal Law and Procedure Mar. 12, 1999
Michael R., a Minor
Grandmother denied de facto parent status after allowing abusive father unrestricted visitation with children.
Juveniles Mar. 12, 1999
California First Amendment Coalition v. Superior Court (Wilson)
Public Records Act doesn't require governor to disclose applications for vacancy on board of supervisors.
Government Mar. 12, 1999
Bankruptcy of Greene
Bankruptcy Rule 9006 extends 90-day preference period to 91 days where 90th day falls on Saturday.
Bankruptcy Mar. 12, 1999
Truck Insurance Exchange v. Superior Court (Park Northridge Homeowners Assn.)
Party's right to challenge judge isn't exhausted when first challenge is dismissed as untimely.
Civil Procedure Mar. 12, 1999