| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
00-16860
|
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 | |
|
01-7134
|
Thompson v. Gibson
Opinion |
|
Aug. 8, 2002 | ||
|
00-35397
|
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 | |
|
99-1465
|
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 | |
|
00-10561
|
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 | |
|
00-36014
|
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 | |
|
01-3142
|
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 | |
|
00-70978
|
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 | |
|
00-16399
|
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 | |
|
S097104
|
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 | |
|
B156079
|
Bailon v. Superior Court (People)
|
|
Aug. 8, 2002 | ||
|
01-2204
|
Stanley v. Lucero
Order |
|
Aug. 8, 2002 | ||
|
01-1513
|
Blanket v. Watkins
Order |
|
Aug. 8, 2002 | ||
|
02-6071
|
U.S. v. Phillips
Order |
|
Aug. 8, 2002 | ||
|
02-8002
|
U.S. v. Wayt
Order |
|
Aug. 8, 2002 | ||
|
01-1395
|
U.S. v. Chavez-Jacobo
Order |
|
Aug. 8, 2002 | ||
|
00CA0436
|
People v. Haghshenas
Defendant incarcerated in foreign jurisdiction for more than ninety days exempt from bond forfeiture. |
Criminal Law and Procedure |
|
Aug. 8, 2002 | |
|
99CA1609
|
Marriage of Bisque
Agreement signed in anticipation of divorce constitutes separation agreement subject to fairness standard. |
Family Law |
|
Aug. 8, 2002 | |
|
B146519
|
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 | |
|
B151542
|
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 | |
|
B151987
|
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 | |
|
B147879
|
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 | |
|
C039957
|
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 | |
|
C036925
|
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 | |
|
G028568
|
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 | |
|
E030881
|
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 | |
|
E030210
|
Apple Valley Unified School District v. Vavrinek Trine Day & Co.
|
|
Aug. 8, 2002 | ||
|
A092213
|
Hackett v. John Crane Inc.
|
|
Aug. 8, 2002 | ||
|
S099938
|
Musser v. Provencher
Insurers of attorneys sued for malpractice may subrogate their claims to attorneys' indemnity claims against co-counsel. |
Attorneys |
|
Aug. 8, 2002 | |
|
S099665
|
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 |