Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
97-36073
|
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 | |
97-70664 & 97-71105
|
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 | |
B115350
|
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 | |
B122521
|
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 | |
A-396
|
Murdaugh v. Livingston
Order |
|
Mar. 2, 1999 | ||
C025452
|
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 | |
97-10353
|
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 | |
B117589
|
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 | |
B118547
|
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 | |
97-35559
|
Kees v. Wallenstein
Federal law isn't violated when correctional officers, medically precluded from contact with prisoners, are fired. |
Employment Law |
|
Mar. 2, 1999 | |
97-36097
|
Foss v. National Marine Fisheries Service
Commercial fisher has protectable interest in receiving a federal fishing permit. |
Administrative Agencies |
|
Mar. 2, 1999 | |
98-70033
|
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 | |
C023763
|
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 | |
B115359
|
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 | |
S066034
|
Wiley v. County of San Diego
Actual innocence is necessary element in legal malpractice suit brought by former criminal defendant. |
Torts |
|
Mar. 2, 1999 | |
B110631
|
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 | |
B121437
|
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 | |
G021475
|
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 | |
B124599
|
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 | |
A081531
|
City of South San Francisco v. Mayer
City not required to compensate owners in condemnation action for value of city's pre-existing leasehold interest. |
Government |
|
Mar. 2, 1999 | |
A075423
|
Braun v. Bureau of State Audits
Statements made in reports under Reporting of Improper Governmental Activities Act are privileged. |
Government |
|
Mar. 2, 1999 | |
96-50609
|
United States v. Garrett
Order |
|
Mar. 2, 1999 | ||
97-16794
|
U.S. v. Navarro
Four-year time limit for federal prosecutor doesn't apply to Special Assistant United States Attorney. |
Criminal Law and Procedure |
|
Mar. 2, 1999 | |
97-56164
|
Williamson v. UNUM Life Insurance
Appellate jurisdiction is lacking where disability claim is remanded to healthplan administrator for decision on merits. |
Labor Law |
|
Mar. 2, 1999 | |
B102795 and B123833
|
People v. Sanders
Theft of real property requires alleged defendant to have made false representation to true owner. |
Criminal Law and Procedure |
|
Mar. 2, 1999 | |
D031671
|
Shawn S., a Minor
Trial court must look at reasonable efforts to improve current parenting skills prior to denying rights. |
Family Law |
|
Mar. 2, 1999 | |
B121570
|
Turner v. Superior Court (Kaiser Foundation Health Plan Inc.)
Party must demonstrate economic hardship on the record before cost shifting request will be considered. |
Contracts |
|
Mar. 2, 1999 | |
B104777
|
People v. Zeghtchanian
Prosecution has burden of proving that defendant charged with child stealing doesn't have right to custody of child. |
Criminal Law and Procedure |
|
Mar. 2, 1999 | |
B118436
|
Cilderman v. City of Los Angeles
Officer terminated during extended probationary period isn't entitled to due process rights of tenured officer. |
Employment Law |
|
Mar. 2, 1999 | |
B115437
|
Alszeh v. Home Box Office
Where reasonable viewer can't infer plaintiff was identical to film's underworld enforcer, defamation claim fails. |
Torts |
|
Mar. 2, 1999 |