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Name Category Published
Orsay v. U.S. Dept. of Justice
Under pre-emption doctrine, Civil Service Reform Act bars actions brought under Privacy Act and Federal Tort Claims Act.
Constitutional Law Aug. 8, 2002
Thompson v. Gibson
Opinion
Aug. 8, 2002
Funkhouser v. Wells Fargo Bank
Company's switch to less favorable benefits package does not constitute violation under the Family Medical Leave Act.
Employment Law Aug. 8, 2002
Allison v. Bank One - Denver
Bank is liable for ERISA violation when it fails to make 'adequate provisions for continued prudent management' of plan assets.
Employment Law Aug. 8, 2002
U.S. v. Brickey
Border inspector is properly convicted and sentenced for failing to report income from criminal activity on his federal income tax return.
Criminal Law and Procedure Aug. 8, 2002
Gold Country Lenders v. Smith (In re Smith)
Borrower must establish detrimental reliance to receive actual damages resulting from creditor's violation of Truth In Lending Act.
Banking Aug. 8, 2002
U.S. v. Boyd
Court's judicial notice regarding decrease in narcotic quantity was improperly relied upon during sentencing.
Criminal Law and Procedure Aug. 8, 2002
Sestich v. Long Beach Container Terminal
Marine clerk, whose post-injury earnings are higher than pre-injury earnings when worked as longshoreman, is not entitled to disability benefits.
Maritime Law Aug. 8, 2002
Bryant v. Adventist Health System/West
Hospital cannot be held liable under 'Patient Anti-Dumping Act' if it negligently fails to detect or misdiagnoses emergency medical condition.
Torts Aug. 8, 2002
Jefferson v. California Dept. of Youth Authority
In workers' compensation proceeding, 'compromise and release,' that includes attachment showing parties' intent to include civil claims, bars civil action under FEHA.
Workers' Compensation Aug. 8, 2002
Bailon v. Superior Court (People)
Aug. 8, 2002
Stanley v. Lucero
Order
Aug. 8, 2002
Blanket v. Watkins
Order
Aug. 8, 2002
U.S. v. Phillips
Order
Aug. 8, 2002
U.S. v. Wayt
Order
Aug. 8, 2002
U.S. v. Chavez-Jacobo
Order
Aug. 8, 2002
People v. Haghshenas
Defendant incarcerated in foreign jurisdiction for more than ninety days exempt from bond forfeiture.
Criminal Law and Procedure Aug. 8, 2002
Marriage of Bisque
Agreement signed in anticipation of divorce constitutes separation agreement subject to fairness standard.
Family Law Aug. 8, 2002
Jem Enterprises v. Washington Mutual Bank, F.A.
When property owner assigns earthquake insurance proceeds to lender, lender has right to control disbursement.
Real Property Aug. 8, 2002
Harding v. Harding
Full Faith and Credit for Child Support Orders Act is constitutional and there is sufficient evidence that father is Texas resident.
Family Law Aug. 8, 2002
Lim v. The.TV Corp. International
Plaintiff who won auction to register domain name adequately pleaded case for breach of contract.
Civil Procedure Aug. 8, 2002
People v. Huynh
Court has no sua sponte duty to instruct on misdemeanor target offense supporting involuntary manslaughter verdict not requested by the prosecutor.
Criminal Law and Procedure Aug. 8, 2002
Marriage of Lasich
Parent, who has primary physical custody of minors, is entitled to move with minors from Sacramento to Spain.
Family Law Aug. 8, 2002
People v. Williams
Jury's factual finding of defendant's prior strike is sufficient to support imposition of prior serious felony conviction enhancement based on same offense.
Criminal Law and Procedure Aug. 8, 2002
New Plumbing Contractors, Inc. v. Edwards, Sooy & Byron
Attorney malpractice claim is denied where insurer settled claim within the policy limits without consulting insured.
Torts Aug. 8, 2002
In re Daniel H.
Mother, whose parental rights were terminated as to son, lacks standing to raise issues based on daughters' alleged interest in sibling visitation.
Family Law Aug. 8, 2002
Apple Valley Unified School District v. Vavrinek Trine Day & Co.
Aug. 8, 2002
Hackett v. John Crane Inc.
Aug. 8, 2002
Musser v. Provencher
Insurers of attorneys sued for malpractice may subrogate their claims to attorneys' indemnity claims against co-counsel.
Attorneys Aug. 8, 2002
Beck v. Wecht
As between co-counsel, there is no fiduciary duty to protect other's prospective interests in contingency fee.
Attorneys Aug. 8, 2002