| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
00-1289
|
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 | |
|
00-7020
|
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 | |
|
00-10384
|
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 | |
|
A091063
|
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 | |
|
99-30012
|
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 | |
|
99-9543
|
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 | |
|
99-2278
|
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 | |
|
99-5215
|
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 | |
|
00-4058
|
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 | |
|
S085410
|
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 | |
|
S090699
|
Montenegro v. Diaz
Court properly awarded custody based on best interests of child rather than change in circumstances. |
Family Law |
|
Sep. 9, 2001 | |
|
B134878
|
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 | |
|
B148154
|
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 | |
|
A078462
|
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 | |
|
C033929
|
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 | |
|
A094667
|
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 | |
|
C037518
|
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 | |
|
B127829
|
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 | |
|
C036760
|
People v. LaCross
Statute prohibiting transportation of methamphetamine applies to transportation by bicycle. |
Criminal Law and Procedure |
|
Sep. 9, 2001 | |
|
A089941
|
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 | |
|
B141040
|
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 | |
|
B148102
|
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 | |
|
D035066
|
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 | |
|
A091491
|
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 | |
|
00-55919
|
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 | |
|
99-16986
|
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 | |
|
45266-5-I
|
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 | |
|
45326-2-I
|
Falkner v. Foshuag
Alford plea does not preclude claim for attorney malpractice in criminal proceeding. |
Attorneys |
|
Sep. 9, 2001 | |
|
46498-1-I
|
Griffin v. Allstate Insurance Co.
Insurer is liable for fees and costs incured before insured tenders defense of covered claim. |
Insurance |
|
Sep. 9, 2001 | |
|
46795-6-I
|
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 |