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Name Category Published
Kraus v. Trinity Management Services, Inc.
Landlord's 'tenant initiation expense reimbursement' fee is an illegal security.
Real Property Oct. 8, 2000
People v. Castenada
Insurer owes no duty to applicant's potential victims once applicant is notified he is uninsured.
Criminal Law and Procedure Oct. 8, 2000
City of Barstow v. Mojave Water Agency
Court errs in adjudicating water priorities based on equitable apportionment without regard for farmers' water rights.
Real Property Oct. 8, 2000
Cortez v. Purolator Air Filtration Products Co.
Restitution of illegally withheld overtime wages is appropriate in action under Unfair Business Practices Act.
Labor Law Oct. 8, 2000
In re the Adoption of Haley A.
Order
Oct. 8, 2000
Armendariz v. Foundation Health Psychcare Services Inc.
Pre-employment arbitration agreement is enforced by severing unconscionable remedies restriction provision.
Employment Law Oct. 8, 2000
U.S. v. Villa-Gonzalez
Ineffective assistance of counsel motion must meet statutory requirements.
Criminal Law and Procedure Oct. 8, 2000
U.S. v. Upshaw
Conviction of Native American for assault resulting in serious bodily injury leads to upper adjustment in sentencing.
Criminal Law and Procedure Oct. 8, 2000
Miller v. Provident Life and Accident Insurance Co.
Court bars state law claims as pre-empted by ERISA, but allows plaintiffs to amend their complaint to seek ERISA relief.
Employment Law Oct. 8, 2000
Childress Buick Co. v. O'Connell
Buyer who possessed vehicle but failed to obtain credit approval was not owner of vehicle at time of accident.
Contracts Oct. 8, 2000
Scott on Habeas Corpus
Review granted
Criminal Law and Procedure Oct. 5, 2000
Certain Underwriters at Lloyd's of London v. Superior Court (Powerline Oil Co.)
Review granted
Oct. 5, 2000
People v. Thomas
Review granted
Criminal Law and Procedure Oct. 5, 2000
Adler v. The Federal Republic of Nigeria
Criminal conspiracy to defraud foreign nation can provide federal jurisdiction under 'commercial activity' exception to Foreign Sovereign Immunity Act.
Civil Procedure Oct. 5, 2000
Kibler v. Walters
Prisoner doesn't exhaust federal constitutional claim in motion for discretionary review when claim was only referenced in brief submitted to lower court.
Criminal Law and Procedure Oct. 5, 2000
People v. Dingman
Review granted
Oct. 5, 2000
People v. Dew
Order
Oct. 5, 2000
Pershing Park Villas v. United Pacific Insurance Co.
Homeowners cannot recover directly from insurer without establishing that their claim was covered under the policy.
Insurance Oct. 5, 2000
Right v. Riveland
Washington statute authorizing deduction of funds received by inmates from outside sources does not violate due process.
Constitutional Law Oct. 5, 2000
Duran v. City of Maywood
Court did not abuse discretion in failing to give 'Alexander' instruction when no facts showed police actions were excessive or unreasonable.
Criminal Law and Procedure Oct. 5, 2000
Solis v. Garcia
Jurors are not required to unanimously agree upon basis for guilt in reaching unanimous guilty verdict when alternate legally valid theories exist.
Criminal Law and Procedure Oct. 5, 2000
Disalvo v. PeJoTc (In re Disalvo)
Chapter 11 Debtor who pursues rights as debtor-in-possession in nondischargeability litigation is barred from advancing debtor-in-possession claims in same forum.
Bankruptcy Oct. 5, 2000
Bass v. First Pacific Networks Inc.
Where supersedeas bond is issued pursuant to Federal Rules, federal law regarding recoverability of attorney fees applies.
Civil Procedure Oct. 5, 2000
Tocher v. City of Santa Ana
Municipal ordinances regulating towing businesses' interactions with private individuals are pre-empted by federal statute.
Government Oct. 5, 2000
Big Horn County Electric Cooprative Inc. v. Adams
Tribe exceeds its regulatory jurisdiction in assessing ad valorem tax on value of non-member utility property located on the equivalent of non-Indian fee land.
Native American Affairs Oct. 5, 2000
U.S. v. Albers
Ram-air chutes used to jump from structures in national parks are parachutes for purposes of federal law.
Criminal Law and Procedure Oct. 5, 2000
Agbuya v. INS
Alien who is threatened, kidnapped and physically abused by violent anti-government group establishes well-founded fear of future persecution.
Immigration Oct. 5, 2000
County of Santa Cruz v. Cervantes (In re: Cervantes)
Absent parents' debt to county for prejudgment payments cannot be discharged in bankruptcy.
Bankruptcy Oct. 5, 2000
Benci-Woodward v. Commissioner of Internal Revenue
Taxpayers may not exclude portion of punitive damages award retained by attorney pursuant to contingent fee agreement from gross income.
Taxation Oct. 5, 2000
DeGeorge v. U.S.
Writ of mandamus is extreme measure only available when sought-after relief not available on direct appeal.
Criminal Law and Procedure Oct. 5, 2000