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Name Category Published
Zadvydas v. Davis
Detention of alien ordered removed may exceed 90-day statutory limit for reasonable time, presumably six months.
Immigration Jul. 9, 2001
Liberty Mutual Insurance Co. v. Tripp
Insured's failure to give notice to insurer of settlement with tortfeasor won't reduce insurer's obligation unless it can show it was prejudiced.
Insurance Jul. 9, 2001
State v. Williams
Term 'mental health' as used in criminal harassment statute is unconstitutionally vague and overbroad.
Criminal Law and Procedure Jul. 9, 2001
Skamania County v. Columbia River Gorge Commission
Under land-use ordinance, river gorge commission failed to timely challenge county's approval of building application in scenic area.
Civil Procedure Jul. 9, 2001
Charfauros v. Board of Elections
Amended opinion
Jul. 9, 2001
Snukal v. Flightways Manufacturing Inc.
Contract between corporation and person binds corporation even if officer lacked authority to do so, provided other party not aware of lack of authority.
Contracts Jul. 9, 2001
Snukal v. Flightways Manufacturing Inc.
By statute, signatures of two corporate officers are necessary to bind corporation to lease.
Corporations Jul. 9, 2001
Souders v. Philip Morris Inc.
Order
Jul. 9, 2001
B.G.'s Inc. v. Gross
Solatium awards are not subject to reduction by operation of state's comparative negligence or pro-rata liability statues.
Torts Jul. 9, 2001
Holliday v. Bestop, Inc.
Claimant is not entitled to statutory penalties where she fails to preserve for appeal issue of whether her employer violated lawful order of director or panel.
Workers' Compensation Jul. 9, 2001
U.S. v. Gillett
Employee of armored car service, which transported bank's night deposit bags, has sufficient connection with bank to justify embezzlement charge.
Criminal Law and Procedure Jul. 9, 2001
Finn v. State of New Mexico
Government employee's public criticism of government official was matter of public concern, and official does not have qualified immunity from suit.
Civil Rights Jul. 9, 2001
Massie v. Woodford
Journalist unable to show that prisoner is incompetent lacks standing to file next friend petition to stay execution.
Criminal Law and Procedure Jul. 9, 2001
Colantuno v. A. Tenenbaum & Co.
Joint debtor's proportionate share of indebtedness under Joint Rights and Obligations Act should be calculated on per capita basis.
Contracts Jul. 9, 2001
U.S. v. Neal
Court didn't err basing sentence departure on defendant's previous child molestation, though guideline doesn't list it as specific-offense characteristic.
Criminal Law and Procedure Jul. 9, 2001
Garden Grove Police Dept. v. Superior Court (Reimann)
Court abuses discretion in ordering disclosure of police officers' birth dates to district attorney without requiring defendant to file 'Pitchess' motion.
Criminal Law and Procedure Jul. 9, 2001
People v. Eccleston
Admitting hearsay testimony of molested child under age 12 does not violate defendant's constitutional right to confront witnesses.
Criminal Law and Procedure Jul. 9, 2001
William G., a Minor
Department is entitled to terminate rights of Native American parent who repeatedly fails to respond to notice.
Native American Affairs Jul. 9, 2001
Solin v. O'Melveny & Myers LLP
Lawsuit incapable of complete resolution without breaching attorney-client privilege may not proceed.
Attorneys Jul. 9, 2001
Marcus T., a Minor
Juvenile who threatened school district employee cannot be convicted of both making terrorist threat and threatening public officer.
Juveniles Jul. 9, 2001
People v. Shoup
Order
Jul. 9, 2001
Nelson v. Superior Court (County of Los Angeles)
Filing of tort claim is sufficient notice to alert sheriff's department that recordings of radio transmissions must be preserved for pending litigation.
Civil Procedure Jul. 9, 2001
Jeremy S., a Minor
Termination of parental rights is appropriate for adoptable child raised in unstable and abusive home.
Juveniles Jul. 9, 2001
People v. Stevens
Sentencing court has authority to compel defendant to report to parole office upon release from prison.
Criminal Law and Procedure Jul. 9, 2001
Leader v. Health Industries of America, Inc.
Mandatory relief provision allowing plaintiffs to amend complaints is not applicable where plaintiffs had ample time to amend complaint.
Civil Procedure Jul. 9, 2001
Dobler v. Arluk Medical Center Industrial Group Inc.
Probate court does not err in authorizing payment to judgment creditors from trust assets without first requiring creditors to sue trustees.
Probate and Trusts Jul. 9, 2001
Zaxis Wireless Communications Inc. v. Motor Sound Corp.
Although defendant has negative net worth, punitive damage award is not excessive because defendant has ability to pay.
Torts Jul. 9, 2001
People v. Salazar-Merino (Salazar-Merino)
Penal Code Section 114, which provides that person using false documents to conceal true citizenship shall be punished by imprisonment, is constitutional.
Criminal Law and Procedure Jul. 9, 2001
Smith v. SHN Consulting Engineers & Geologists, Inc.
Two-year statute of limitations applies to losses incurred by contractor due to architect and construction manager's alleged professional negligence.
Civil Procedure Jul. 9, 2001
Ames v. Paley
Court retains inherent power to retroactively correct judgment that failed to conform to terms of settlement agreement.
Civil Procedure Jul. 9, 2001