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Name Category Published
Montero v. AGCO corp.
Sexual harassment claim fails when plaintiff waits two years to report conduct to management.
Employment Law Mar. 2, 1999
Sherman v. Kinetic Concepts, Inc.
Court has duty to impose sanctions and grant new trial when defendant intentionally hides evidence.
Torts Mar. 2, 1999
Grand Avenue Partners v. Goodan
Assignment of leasehold in ground lease isn't enforceable as novation where assignee obligated to original lease.
Real Property Mar. 2, 1999
Edelbacher v. Calderon
Federal habeas corpus petitioner can't challenge state conviction during retrial proceedings, absent unusual circumstances.
Criminal Law and Procedure Mar. 2, 1999
Lambert v. General Motors
Jury verdict of negligence irreconcilable with finding of no defect.
Torts Mar. 2, 1999
Wager v. Mirzayance
Dismissal warranted where no notice of right to arbitrate fee dispute is provided to retainer agreement guarantors.
Attorneys Mar. 2, 1999
Public Access Project v. San Francisco Public Library Commission
'Sunshine' laws don't require Library Commission to hold open hiring sessions.
Government Mar. 2, 1999
Goodson v. Perfect Fit Enterprises, Inc.
Uninsured vehicle driven by insured driver is in compliance with financial responsibility laws.
Insurance Mar. 2, 1999
San Bernardino Public Employees Association v. City of Fontana
Annual leave and longevity pay benefits are conditions of employment subject to collective bargaining process.
Labor Law Mar. 2, 1999
Rochin v. Pat Johnson Manufacturing Company
Amended judgment entered on an ex parte basis without notice to plaintiff is void.
Civil Procedure Mar. 2, 1999
U.S. v. Sanchez-Rodriquez
Sentencing court may grant discretionary downward departure on any factor unless prohibited by Sentencing Guidelines.
Criminal Law and Procedure Mar. 2, 1999
Armstrong v. Commissioner of the Social Security Administration.
When record doesn't establish disability onset date, court must call medical expert or consider other evidence.
Administrative Agencies Mar. 2, 1999
Herman v. Tidewater Pacific Inc.
Secretary of Labor's jurisdiction over uninspected seagoing vessels isn't preempted by Coast Guard regulation.
Labor Law Mar. 2, 1999
Siegel v. The Prudential Insurance
California's rule precluding judicial review of an arbitrator's award isn't pre-empted by the United States Code.
Employment Law Mar. 2, 1999
Clauson v. Superior Court (Pedus Services Inc.)
Party must choose between punitive damages and statutory penalties when prevail on privacy claims.
Torts Mar. 2, 1999
Murdaugh v. Livingston
Order
Mar. 2, 1999
People v. Murphy
Court's failure to impose five-year enhancement on defendant with prior serious felony conviction is error.
Criminal Law and Procedure Mar. 2, 1999
United States v. Beard
Prejudicial error occurs by court's substitution of alternate juror over defense objection after deliberations have commence.
Criminal Law and Procedure Mar. 2, 1999
People v. Garrett
Denial of a writ of habeas corpus is only reviewable by another writ petition for habeas corpus.
Criminal Law and Procedure Mar. 2, 1999
Arthur Andersen LLP. v. Superior Court (Quackenbush)
Insurance Commissioner can recover damages from negligent auditors on behalf of policyholders and creditors.
Torts Mar. 2, 1999
Kees v. Wallenstein
Federal law isn't violated when correctional officers, medically precluded from contact with prisoners, are fired.
Employment Law Mar. 2, 1999
Foss v. National Marine Fisheries Service
Commercial fisher has protectable interest in receiving a federal fishing permit.
Administrative Agencies Mar. 2, 1999
Morongo Band of Mission Indians v. Federal Aviation Administration
Parties challenging a violation of the National Environmental Policy Act bear a responsibility to offer feasible alternatives.
Administrative Agencies Mar. 2, 1999
Haywood v. American River Fire Protection District
Disability benefits denied to employee that refuses to work due to risk of future depression from workplace disciplinary actions.
Labor Law Mar. 2, 1999
People v. Thomas
Court has discretion to impose either concurrent or consecutive sentences in case involving multiple crimes.
Criminal Law and Procedure Mar. 2, 1999
Wiley v. County of San Diego
Actual innocence is necessary element in legal malpractice suit brought by former criminal defendant.
Torts Mar. 2, 1999
Kelly v. Vons Companies Inc.
Employees' suit is collaterally estopped when labor arbitrator already ruled on same issues in recent union dispute.
Labor Law Mar. 2, 1999
L & B Real Estate v. Superior Court
Property owner couldn't use prior criminal trial testimony to show lack of duty when he didn't prove unavailability.
Torts Mar. 2, 1999
Van Dyke v. S.K.I. LTD
Skier's negligence claim not barred by primary assumption of risk, when he skied into warning sign he couldn't see.
Torts Mar. 2, 1999
Elvis P. v. Superior Court (Los Angeles County Department of Children and Family Services)
Trial court abused its when it failed to extend reunification period for imprisoned parent.
Family Law Mar. 2, 1999