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Sipma v. Massachusetts Casualty Insurance Co.
ERISA pre-empts shareholder employee's state law claims of breach of contract against disability insurer.
Insurance Sep. 9, 2001
Eck v. Parke, Davis & Co.
Drug manufacturer is not liable for injury from prescription medicine when doctor was aware of risks.
Torts Sep. 9, 2001
U.S. v. Walter
Court should have granted evidentiary hearing regarding defendant's history of childhood abuse, as abuse may warrant downward departure in sentencing.
Criminal Law and Procedure Sep. 9, 2001
People v. Truong
Sentence enhancement for person convicted of inflicting great bodily injury on any person under circumstances involving domestic violence is not unconstitutional.
Criminal Law and Procedure Sep. 9, 2001
U.S. v. Johnson
Discovery by police of marijuana growing in mushroom shed was not admissible because officers did not have probable cause to enter property.
Criminal Law and Procedure Sep. 9, 2001
Custer County Action Asso. v. Garvey
Changes to National Airspace System design do not violate federal statutes or U.S. Constitution.
Administrative Agencies Sep. 9, 2001
Cordoba v. Massanari
Social Security Act fee-payment regulations, which treat attorneys and non-attorneys differently, do not violate constitution.
Administrative Agencies Sep. 9, 2001
Estate of Bishop v. Equinox International Corp.
Attorney-fee award is sufficient remedy where trademark holder did not suffer actual damages from infringing use.
Intellectual Property Sep. 9, 2001
Utah Licensed Beverage Association v. Leavitt
Alcohol vendors demonstrate substantial likelihood of success on claim that Utah's restrictions on alcohol advertising are unconstitutional.
Constitutional Law Sep. 9, 2001
People v. Trevino
Offender's age at time of prior offense is not relevant for purposes of sentencing under prior-murder special circumstance rule.
Criminal Law and Procedure Sep. 9, 2001
Montenegro v. Diaz
Court properly awarded custody based on best interests of child rather than change in circumstances.
Family Law Sep. 9, 2001
Finegan v. County of Los Angeles
In wrongful termination case, 'after-acquired evidence' may be admitted to show that employee was not qualified for job.
Employment Law Sep. 9, 2001
German v. Superior Court (People)
Double jeopardy prohibits retrial for conspiracy to commit first-degree murder where conviction for conspiracy to commit second-degree murder was reversed.
Criminal Law and Procedure Sep. 9, 2001
People v. Reeves
Statistical calculations used to support DNA evidence were admissible because they are generally accepted in scientific community.
Criminal Law and Procedure Sep. 9, 2001
People v. Youngblood
Conviction for animal cruelty is affirmed because court properly instructed jury, necessity was no defense and no illegal search or seizure occurred.
Criminal Law and Procedure Sep. 9, 2001
Ford v. Superior Court (People)
Court correctly denies defendant's motion to suppress confession, when he wasn't seized before making incriminating statements.
Criminal Law and Procedure Sep. 9, 2001
Hanson v. Superior Court
'Indirect contempt' violation is appropriate for attorney whose closing argument stated trial was unfair and the attorneys' role is to misrepresent facts.
Attorneys Sep. 9, 2001
Glendale Memorial Hospital & Health Care Center v. Dept. of Mental Health (County of Los Angeles)
State department denied reimbursement to hospitals for mental health services without adequate findings.
Government Sep. 9, 2001
People v. LaCross
Statute prohibiting transportation of methamphetamine applies to transportation by bicycle.
Criminal Law and Procedure Sep. 9, 2001
People v. Branch
Admitting evidence of uncharged prior sexual offenses in child molestation case was highly probative and not unduly prejudicial.
Criminal Law and Procedure Sep. 9, 2001
People v. Elam
Dismissal of juror with accent who 'changed his mind often' was error without further proof that he lacked command of English language.
Criminal Law and Procedure Sep. 9, 2001
STI Outdoor v. Superior Court (In re Eller Media Co.)
Documents prepared by county counsel and law firm to further license agreement negotiations are privileged.
Attorneys Sep. 9, 2001
People v. Brown
California has jurisdiction to prosecute appellant who carries out non de minimis preparatory acts in state with intent of completing crime.
Criminal Law and Procedure Sep. 9, 2001
People v. Kennedy
Ambiguity of Health and Safety Code section will not preclude misdemeanor conviction for unprescribed possession of controlled substances.
Criminal Law and Procedure Sep. 9, 2001
Pioneer Liquidating Corp. v. U.S. Trustee (In Re Consolidated Pioneer Mortgage Entities)
Corporation's failure to provide accounting to investors was prejudicial and warranted conversion from Chapter 11 to Chapter 7.
Bankruptcy Sep. 9, 2001
Jorss v. Gomez
District court's erroneous dismissal of habeas petition is extraordinary circumstance beyond petitioner's control warranting equitable tolling.
Criminal Law and Procedure Sep. 9, 2001
Magnusson v. Johannesson
Parent's right to designate relatives to provide child care during visitation periods does not violate due process rights of other parent.
Family Law Sep. 9, 2001
Falkner v. Foshuag
Alford plea does not preclude claim for attorney malpractice in criminal proceeding.
Attorneys Sep. 9, 2001
Griffin v. Allstate Insurance Co.
Insurer is liable for fees and costs incured before insured tenders defense of covered claim.
Insurance Sep. 9, 2001
In re Estate of Lennon
Where protected party introduces evidence of transactions with deceased, deadman's statute is waived.
Probate and Trusts Sep. 9, 2001