| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
99-35248
|
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 | |
|
98-56261
|
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 | |
|
98-36218
|
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 | |
|
98-15238
|
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 | |
|
98-70845
|
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 | |
|
96-17245
|
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 | |
|
99-10365
|
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 | |
|
98-55456
|
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 | |
|
S075942
|
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 | |
|
S070946
|
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 | |
|
S090683
|
Kaufman v. Riede
Order |
|
Oct. 4, 2000 | ||
|
S091050
|
Reyes v. State of California
Order |
|
Oct. 4, 2000 | ||
|
S091077
|
People v. Carrera
Order |
|
Oct. 4, 2000 | ||
|
S090151
|
Del Amo Gardens Convalescent Hospital v. Superior Court (Thompson)
Order |
|
Oct. 4, 2000 | ||
|
S070271
|
People v. Lawrence
Order |
|
Oct. 4, 2000 | ||
|
S081908
|
People v. Martin
Order |
|
Oct. 4, 2000 | ||
|
S063198
|
People v. Silva
Review granted |
Criminal Law and Procedure |
|
Oct. 3, 2000 | |
|
S080610
|
Gerawan Farming Inc. v. Veneman
Review granted |
|
Oct. 3, 2000 | ||
|
S080078
|
People v. Tindall
Order |
Criminal Law and Procedure |
|
Oct. 3, 2000 | |
|
00-0019
|
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 | |
|
97-0551
|
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 | |
|
99-0945
|
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 | |
|
S080318
|
Hi-Voltage Wire Works v. City of San Jose
Order |
|
Oct. 3, 2000 | ||
|
B105409
|
People v. Sanchez
Gross intoxicated vehicular manslaughter is not lesser included offense of murder. |
Criminal Law and Procedure |
|
Oct. 3, 2000 | |
|
S088387
|
People v. Smith
Order |
Criminal Law and Procedure |
|
Oct. 3, 2000 | |
|
S076559
|
People v. Rivera
Re-publication |
Criminal Law and Procedure |
|
Oct. 3, 2000 | |
|
S083301
|
People v. Thammavong
Review granted |
Criminal Law and Procedure |
|
Oct. 3, 2000 | |
|
S073741
|
People v. Watts
Review granted |
Criminal Law and Procedure |
|
Oct. 3, 2000 | |
|
A076593
|
Mitchell v. Asbestos Corporation Ltd.
Statute of limitations is not tolled by filing a subsequent asbestos-related lawsuit. |
Civil Procedure |
|
Oct. 3, 2000 | |
|
C033693
|
Marriage of Dunmore
Court finding that adoption may proceed without father's consent doesn't terminate child support obligations. |
Family Law |
|
Oct. 3, 2000 |