| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
02-17163
|
Disabled Rights Action Committee v. Las Vegas Events Inc.
Private group that staged rodeo at publicly-owned arena must make accommodations under ADA. |
Civil Rights |
|
Sep. 24, 2004 | |
|
A101673
|
McIntosh v. Mills
Fee-sharing agreement between attorney and non-attorney is unenforceable under doctrine of illegality of contract. |
Attorneys |
|
Sep. 23, 2004 | |
|
B170659
|
Vega v. Jones, Day, Reavis & Pogue
Shareholder alleging law firm concealed 'toxic' terms in company merger prevails on fraud claim. |
Torts |
|
Sep. 23, 2004 | |
|
D039816
|
Goehring v. Chapman University
Students alleging they had been defrauded by unaccredited law school failed to establish damages. |
Torts |
|
Sep. 23, 2004 | |
|
D043543
|
In re CIPRO CASES I and II
Certification of class of those injured by drug company's anti-competitive agreement is proper but must not include purchasers who paid flat copayment. |
Civil Procedure |
|
Sep. 23, 2004 | |
|
C034569
|
Fremont Compensation Insurance Co. v. Sierra Pine
Carrier has standing to sue third-party tortfeasors to recoup money paid to former wife of employee killed on the job. |
Workers' Compensation |
|
Sep. 23, 2004 | |
|
S114399
|
People v. Leal
Defendant who used threat of hardship against child is guilty of committing lewd act. |
Criminal Law and Procedure |
|
Sep. 23, 2004 | |
|
S107855
|
Jonathan Neil & Assoc. Inc. v. Jones
Doctrine of primary jurisdiction requires court to stay proceedings and refer insurance billing dispute to Insurance Commissioner. |
Insurance |
|
Sep. 23, 2004 | |
|
D043188
|
Whaley v. Sony Computer Entertainment America Inc.
Court properly denied arbitration request of party involved in litigation over same issues. |
Civil Procedure |
|
Sep. 23, 2004 | |
|
S109734
|
People v. Griffin
Force utilized by defendant is sufficient to sustain conviction of forcible rape. |
Criminal Law and Procedure |
|
Sep. 23, 2004 | |
|
S117651
|
People v. Hernandez
Court need not bifurcate trial where evidence exists to prove criminal street gang but should give limiting instruction on request. |
Criminal Law and Procedure |
|
Sep. 23, 2004 | |
|
S111662
|
People v. Montoya
Unlawful taking of vehicle is not lesser-included offense of carjacking. |
Criminal Law and Procedure |
|
Sep. 23, 2004 | |
|
S116644
|
In re H. (Jarred)
Order |
|
Sep. 23, 2004 | ||
|
D039544
|
People v. Burroughs
Trial court erred by denying credits because record does not show defendant's waivers applied toward future prison term. |
Criminal Law and Procedure |
|
Sep. 22, 2004 | |
|
A086991
|
Henley v. Philip Morris Inc.
Plaintiff's punitive damages award against cigarette manufacturer is reduced to $9 million. |
Torts |
|
Sep. 22, 2004 | |
|
S120474
|
People v. American Contractors Indemnity Co.
Summary judgment prematurely entered against surety is voidable, but cannot be set aside by collateral attack once final. |
Civil Procedure |
|
Sep. 22, 2004 | |
|
A106264
|
People v. Superior Court (Johnson)
Application of Street Terrorism Enforcement and Prevention Act to graffiti vandals does not violate substantive due process. |
Criminal Law and Procedure |
|
Sep. 22, 2004 | |
|
S050142
|
In re Lucas
Convicted killer's death sentence is overturned based on inadequate assistance of counsel at penalty phase of trial. |
Criminal Law and Procedure |
|
Sep. 22, 2004 | |
|
S106106
|
Claxton v. Waters
Preprinted language in workers' compensation compromise and release form does not bar civil remedies outside scope of workers' compensation system. |
Workers' Compensation |
|
Sep. 21, 2004 | |
|
04A194
|
Wisconsin Right to Life, Inc. v. Federal Election Commission
Order |
|
Sep. 21, 2004 | ||
|
01-99014
|
Davis v. Woodford
Evidence of strangulation strongly suggests premeditation and deliberation sufficent enough to sustain first-degree murder conviction. |
Criminal Law and Procedure |
|
Sep. 21, 2004 | |
|
02-30301
|
U.S. v. Barajas-Avalos
Entering natural clearing and searching travel trailer are not violations of defendant's Fourth Amendment rights. |
Criminal Law and Procedure |
|
Sep. 20, 2004 | |
|
02-56772
|
Cellular 101 Inc. v. Channel Communications Inc. (In re Cellular 101 Inc.)
Creditor may recover administrative expense incurred in substantial contribution to reorganization as long as benefits to reorganization outweigh benefit to creditor. |
Bankruptcy |
|
Sep. 20, 2004 | |
|
01-35450
|
Parents Involved in Community Schools v. Seattle School District No. 1
School district's racial tiebreaker for determining attendance at most popular schools is not narrowly tailored to compelling interest of diversity. |
Constitutional Law |
|
Sep. 20, 2004 | |
|
03-15545
|
Werft v. Desert Southwest Annual Conference of the United Methodist Church
'Ministerial exception' precludes pastor's discrimination claims against church from being litigated. |
Employment Law |
|
Sep. 20, 2004 | |
|
02-70662
|
Lin v. Ashcroft
BIA should have considered expanded record presented by immigrant after original counsel failed to present it. |
Immigration |
|
Sep. 20, 2004 | |
|
S113136
|
Bronco Wine Co. v. Jolly
Federal law does not preempt California's more stringent wine-labeling regulations. |
Constitutional Law |
|
Sep. 20, 2004 | |
|
S114811
|
Reeves v. Hanlon
Inducing termination of at-will employment relationship is actionable under intentional interference with prospective economic advantage theory. |
Employment Law |
|
Sep. 20, 2004 | |
|
S122923
|
Lockyer v. City and County of San Francisco
Local executive official exceeds his authority when he refuses to enforce marriage statute provisions though no court has found provisions unconstitutional. |
Constitutional Law |
|
Sep. 20, 2004 | |
|
03-15858
|
Isley v. Arizona Dept. of Corrections
Deadline to file federal habeas petition was tolled as soon as Arizona prisoner filed notice of post-conviction relief in state court. |
Criminal Law and Procedure |
|
Sep. 20, 2004 |