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Name Category Published
Sea Hawk Seafoods Inc. v. Alyeska Pipeline Service Co.
Bailiff's tasteless joke to juror does not merit presumption of prejudice requiring retrial.
Civil Procedure Jun. 1, 2000
U.S. v. Gomez-Lepe
Judge who presides over jury poll and calls into question jury unanimity violates Federal Magistrates Act.
Criminal Law and Procedure Jun. 1, 2000
U.S. v. Wetchie
Sexual contact with sleeping minor qualifies defendant for sentence enhancement under 'vulnerable victim' adjustment.
Criminal Law and Procedure Jun. 1, 2000
U.S. v. Ross
Intent to repay is not defense to misappropriation of postal funds.
Criminal Law and Procedure Jun. 1, 2000
Deboer v. Pennington
Public officials who enter city-owned property and seize records from individual city contractor are not entitled to qualified immunity.
Government Jun. 1, 2000
Simon v. Value Behavioral Health Inc.
Assignee of health care provider and patient benefit claims lacks standing to sue insurers on ERISA, RICO and antitrust claims.
Insurance Jun. 1, 2000
West v. Secretary of the Department of Transportation
'Documented categorical exclusion' under National Environmental Policy Act does not provide appropriate level of environmental review for new highway construction project.
Environmental Law Jun. 1, 2000
U.S. v. Stephens
Police sweep of bus for illegal drugs constitutes 'seizure' where passengers aren't told they can remain on bus and decline being questioned.
Criminal Law and Procedure Jun. 1, 2000
Palmer v. United States (In re Palmer)
Debtor's deemed admission of tax fraud in tax litigation does not have preclusive effect in subsequent bankruptcy litigation.
Bankruptcy Jun. 1, 2000
DeGrassi v. City of Glendora
Under California Tort Claims Act, public official sued for statements made in course of official duties, isn't entitled to unconditional defense.
Government Jun. 1, 2000
U.S. v. Hardeman
Clock begins to run for speedy trial purposes when no continuance has been granted and no pretrial motions are pending.
Criminal Law and Procedure Jun. 1, 2000
Peters v. Superior Court (People)
Petition to extend commitment of sexually violent predator must be supported by evaluations conducted by at least two practicing psychiatrists or psychologists.
Criminal Law and Procedure Jun. 1, 2000
Filet Menu Inc. v. C.C.L. & G. Inc. (LeVine)
Contract, induced by fraud, is voidable regardless of whether it is divisible.
Contracts Jun. 1, 2000
Avant! Corp. V. Superior Court (Nequist)
Trial court may deny corporation's motion to stay proceeding or discovery pending related criminal case when it protects employees' Fifth Amendment interests.
Civil Procedure Jun. 1, 2000
Kuns v. City of Ukiah
Whether premature cutting off of family's electrical power caused fire is question of fact for jury.
Government Jun. 1, 2000
Devon C., a Minor
Stop and subsequent search of minor is justified where minor is riding a bicycle on sidewalk without wearing a helmet.
Juveniles Jun. 1, 2000
PMC, Inc. v. Kadisha
Corporate shareholders, directors and officers may be held personally liable for misappropriation of trade secrets.
Corporations Jun. 1, 2000
People v. Green
California's Sexually Violent Predator Act is constitutional and does not offend equal protection principles.
Criminal Law and Procedure Jun. 1, 2000
Dunn v. Jurupa Unified School District
In Political Reform Act action against school board member and district, court may require plaintiff to post security in member's favor.
Government Jun. 1, 2000
People v. Spence
Good faith exception to exclusionary rule doesn't permit admission of evidence seized beyond conditions of probation search.
Criminal Law and Procedure Jun. 1, 2000
Pang v. Beverly Hospital Inc.
Employee's leave, to help elderly mother to move from home, isn't leave to care for parent under California family rights legislation.
Employment Law Jun. 1, 2000
U.S. v. Montero-Camargo
Vehicle's immediate U-turn at border patrol station is factor in determining reasonable suspicion to stop vehicle.
Criminal Law and Procedure Jun. 1, 2000
California Association of Professional Scientists v. Dept. of Fish and Game
Flat fee imposed for environmental reviews is not tax that must be approved by super-majority vote of state legislature.
Environmental Law Jun. 1, 2000
Truck Insurance Exchange v. Unigard Insurance Co.
Insurer is not entitled to indemnity when it fails to notify co-insurer of possibility of contribution.
Insurance Jun. 1, 2000
Yong v. INS
Proceedings on habeas corpus petition for detained alien may not be stayed, pending resolution of appeal in similar case, on ground of judicial economy.
Immigration Jun. 1, 2000
Small v. Superior Court
Court cannot order prison warden to alter visiting area or mandate that defendant be unshackled during court proceedings.
Prisoners Rights Jun. 1, 2000
Jones v. Union Pacific Railroad
Where plaintiff raises triable issue as to railroad's harassment it also raises triable issue of whether state tort claims are federally pre-empted.
Torts Jun. 1, 2000
Mercury Insurance Co. v. Enterprise Rent-a-Car Co. of Los Angeles
Insurance company is not entitled to subrogation when insured has not exhausted coverage of primary insurer.
Insurance Jun. 1, 2000
Arden Carmichael Inc. v. County of Sacramento
Fee imposed upon nonprofit organization, based on percentage of gross receipts from bingo games, is unconstitutional.
Corporations Jun. 1, 2000
U.S. v. Van Loben Sels
Order
Jun. 1, 2000