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People v. Copenhaver
Exigent circumstances justified warrantless search of suspect's apartment.
Criminal Law and Procedure Jun. 26, 2001
In re Marriage of Shaban
Jun. 26, 2001
Teamsters Local Union 58 v. BOC Gases
Arbitrator properly interpreted collective bargaining agreement by determining truck driver was mentally fit to transport hazardous gases.
Labor Law Jun. 26, 2001
Myers v. Merrill Lynch & Co. Inc.
Judgment affirmed because plaintiff's claim contending broker's failure to disclose is pre-empted by federal law was raised first time on appeal.
Civil Procedure Jun. 26, 2001
U.S. v. Butler
Defendant's border inspection detention evolved into custody upon his being placed in holding cell and Miranda warnings should have been given.
Criminal Law and Procedure Jun. 26, 2001
Cabazon Band of Mission Indians v. Smith
Challenged non-discriminatory state law otherwise applicable to all citizens of state applies to tribe's police vehicles when traveling on public highways off-reservation.
Native American Affairs Jun. 26, 2001
Shekhter v. Financial Indemnity Co.
Defendant may move to strike single cause of action, out of many, if underlying allegation stems from defendant's exercise of First Amendment rights.
Civil Procedure Jun. 26, 2001
White v. Browne
Motion to vacate renewal of judgment should have been granted when judgment debtor was never served with summons and complaint.
Civil Procedure Jun. 26, 2001
Krantz v. BT Visual Images LLC
Defense isn't entitled to summary judgment when it thwarted discovery and it failed to show affirmatively plaintiff couldn't establish case.
Civil Procedure Jun. 26, 2001
Emert v. Commissioner of Internal Revenue
When deficiency notice raises possibility of adjustment, it isn't new issue and adjustment is properly considered under Tax Court Rule 155.
Taxation Jun. 26, 2001
Fair Housing Counsel of Riverside County Inc. v. Green
When granting defendant's motion for summary judgment, trial court cannot dismiss plaintiff's motion as moot without considering its merits.
Civil Procedure Jun. 26, 2001
Gilliland v. Medical Board of California
State agency doesn't have jurisdiction to impose penalty in administrative proceeding when statute specifies action must be brought by Attorney General.
Civil Procedure Jun. 26, 2001
Wershba v. Apple Computer Inc.
Settlement of class action lawsuit against California computer company that rescinded promise of technical support was fair and reasonable.
Civil Procedure Jun. 26, 2001
U.S. v. Salcido-Corrales
Court does not err in increasing offense level based on either defendant's role or his involvement of son in his crimes.
Criminal Law and Procedure Jun. 26, 2001
Harden v. Roadway Package Systems Inc.
Court did not have jurisdiction to compel arbitration under Federal Arbitration Act because transportation workers involved in interstate commerce are exempt.
Employment Law Jun. 26, 2001
Hufford v. McEnaney
Fire department officials may be personally liable for terminating captain after he revealed workplace pornography use.
Government Jun. 26, 2001
Fox Searchlight Pictures Inc. v. Paladino
Employee suing for discrimination need not obtain new attorneys even though she revealed confidential information regarding employer.
Civil Procedure Jun. 26, 2001
Cochran v. Cochran
Whether part-time cohabitation satisfies requirements for valid 'Marvin' agreement is triable issue of fact.
Family Law Jun. 26, 2001
People v. Medina
Court had discretion to reinstate probation upon violations even though sentence had already been imposed.
Criminal Law and Procedure Jun. 26, 2001
Bahl v. Bank of America
Public policy favors deciding cases on merits, and judge should have granted plaintiff's continuance rather than defendant's summary judgment motion.
Civil Procedure Jun. 26, 2001
Dudley v. Anderson (In re Dudley)
Correct inquiry to decide whether individual retirement accounts are exempt under state statute is whether accounts were used principally for retirement purposes.
Bankruptcy Jun. 26, 2001
Montero-Martinez v. Ashcroft
Court has no power to review immigration board's judgment that illegal immigrant was ineligible to stay in country under statute.
Immigration Jun. 26, 2001
People v. Walker
Prosecution not required to prove, as element of truth of prior conviction, validity of underlying change of plea.
Criminal Law and Procedure Jun. 26, 2001
In re Dani R., a Minor
Stipulation that it would be detrimental to return child home is admission that substantial evidence supports findings and appeal is moot.
Juveniles Jun. 26, 2001
Interactive Flight Technologies Inc. v. Swissair Swiss Air Transport Co.
Order
Jun. 26, 2001
In re Taylor
Jun. 26, 2001
Michael v. Aetna Life & Casualty Insurance Co.
Jun. 26, 2001
In re Miller
Automatic stay does not prohibt requests for discovery from debtor when requested for purpose of development of case against third-party.
Bankruptcy Jun. 25, 2001
Idaho v. United States
Before Idaho's statehood, Congress intended to include certain submerged lands within Indian reservation and United States holds title in trust for tribe.
Native American Affairs Jun. 25, 2001
U.S. v. Mead Corp.
Imposition of tariff by Customs Service has persuasive force and must be assessed by lower court.
Administrative Agencies Jun. 25, 2001