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Name Category Published
Pletz v. United States (In re Pletz)
Debtor's interest in property held with nondebtor spouse as tenants by entirety must be valued to reflect concurrent interests of both spouses.
Bankruptcy Oct. 4, 2000
Pershing Park Villas Homeowners Assoc. v. United Pacific Insurance Co.
Homeowners cannot recover directly from insurer without establishing that their claim was covered under the policy.
Insurance Oct. 4, 2000
Matthews v. Oregon State Board of Higher Education
Question certified for Oregon Supreme Court: Can state University President delegate authority to make final determinations on denial of indefinite tenure without explicit statutory or regulatory authority?
Education Oct. 4, 2000
McCarthy v. Apfel
Letter from Commissioner of Social Security Administration identifying overpayments made to claimant doesn't constitute substantial evidence of overpayment amount.
Administrative Agencies Oct. 4, 2000
Shah v. INS
Adverse credibility findings must offer specific, cogent reasons for stated disbelief; they cannot be based on clerical errors or blanket statements in State Department reports.
Immigration Oct. 4, 2000
Cato v. City of Fresno
Attorney sanctioned for failure to comply with pretrial orders may not appeal until final judgment has been entered in underlying action.
Attorneys Oct. 4, 2000
U.S. v. Michael
Cellular phone can qualify as dangerous weapon when brandished as if it were a gun.
Criminal Law and Procedure Oct. 4, 2000
Adler v. 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. 4, 2000
Armendariz v. Foundation Health Psychcare Services Inc.
Employees may be compelled to arbitrate antidiscrimination claims if arbitration vindicates worker's statutory rights by meeting certain requirements.
Employment Law Oct. 4, 2000
People v. Rathert
False impersonation requires commission of act that might result in liability or benefit; consequences of impersonating need not be intended or foreseen.
Criminal Law and Procedure Oct. 4, 2000
Kaufman v. Riede
Order
Oct. 4, 2000
Reyes v. State of California
Order
Oct. 4, 2000
People v. Carrera
Order
Oct. 4, 2000
Del Amo Gardens Convalescent Hospital v. Superior Court (Thompson)
Order
Oct. 4, 2000
People v. Lawrence
Order
Oct. 4, 2000
People v. Martin
Order
Oct. 4, 2000
People v. Silva
Review granted
Criminal Law and Procedure Oct. 3, 2000
Gerawan Farming Inc. v. Veneman
Review granted
Oct. 3, 2000
People v. Tindall
Order
Criminal Law and Procedure Oct. 3, 2000
In re Sabino R.
Court may take judicial notice of record to obtain proof of age even though prosecutor failed to offer evidence of age.
Juveniles Oct. 3, 2000
State v. Donald
Counsel's failure to inform client of benefits of accepting plea bargain may constitute ineffective assistance of counsel.
Criminal Law and Procedure Oct. 3, 2000
State v. Lopez
When driver arrested, police can search passenger's pants pockets found in backpack, even in absence of weapons or evidence of suspected offense.
Criminal Law and Procedure Oct. 3, 2000
Hi-Voltage Wire Works v. City of San Jose
Order
Oct. 3, 2000
People v. Sanchez
Gross intoxicated vehicular manslaughter is not lesser included offense of murder.
Criminal Law and Procedure Oct. 3, 2000
People v. Smith
Order
Criminal Law and Procedure Oct. 3, 2000
People v. Rivera
Re-publication
Criminal Law and Procedure Oct. 3, 2000
People v. Thammavong
Review granted
Criminal Law and Procedure Oct. 3, 2000
People v. Watts
Review granted
Criminal Law and Procedure Oct. 3, 2000
Mitchell v. Asbestos Corporation Ltd.
Statute of limitations is not tolled by filing a subsequent asbestos-related lawsuit.
Civil Procedure Oct. 3, 2000
Marriage of Dunmore
Court finding that adoption may proceed without father's consent doesn't terminate child support obligations.
Family Law Oct. 3, 2000