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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
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
Braun v. Bureau of State Audits
Statements made in reports under Reporting of Improper Governmental Activities Act are privileged.
Government Mar. 2, 1999
United States v. Garrett
Order
Mar. 2, 1999
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
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
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
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
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
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
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
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