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Name Category Published
People v. Rains
Doctors testimony regarding result of a true finding against a sexually violent predator isnt improper, unless it results in miscarriage of justice.
Criminal Law and Procedure Dec. 2, 1999
Alejo v. City of Alhambra
City may be liable when police officers fail to investigate and report reasonable suspicions of child abuse, and child suffers further abuse.
Government Dec. 2, 1999
Certain Underwriters at Lloyd's London v. Superior Court (Powerine Oil Co.)
Insurer has no duty to indemnify insured for the expense of complying with formal administrative environmental cleanup orders.
Environmental Law Dec. 2, 1999
Borg-Warner Protective Services Corp. v. Superior Court (Syroco Inc.)
Security guard company isn't liable for arson committed by employee who was acting outside the scope of employment.
Torts Dec. 2, 1999
Keimer v. Buena Vista Books Inc.
Advertising false statements on book and videotape covers, which also are false in book and videotapes themselves, aren't protected under First Amendment.
Constitutional Law Dec. 2, 1999
Monarch Bay II v. Professional Service Industries Inc.
Purchaser of a manufacturer's assets is liable only for claims of strict products liability, and not claims of negligence.
Torts Dec. 2, 1999
Sun Microsystems Inc. v. Microsoft Corp.
District court must see whether licensing agreement is limited in scope of license or independent before invoking presumption in copyright infringement.
Intellectual Property Dec. 2, 1999
Household Credit Services Inc. v. Ettell (In re Ettell)
In determining the dischargeability of credit card debt on the basis of fraud, the court can consider circumstantial evidence in addition to the 12 'Dougherty' factors.
Bankruptcy Dec. 2, 1999
Midway Farms v. U.S. Dept. of Agriculture
Raisin processor has standing to contest U.S. Dept. of Agriculture's determination that it is subject to the department's marketing orders.
Administrative Agencies Dec. 2, 1999
Wilderness Society v. Thomas
Challenge to U.S. Forest Service's clear-cutting plan is justiciable since its claims are site-specific and delayed review would cause hardship.
Environmental Law Dec. 2, 1999
Sposato v. Electronic Data Systems Corp.
Damages for wrongful termination include the face value of life insurance policy that employee had while employed.
Employment Law Dec. 2, 1999
U.S. v. Vega
Defendant's prior border crossings and bank deposits are 'other acts' that the government should have disclosed to defendant before trial.
Criminal Law and Procedure Dec. 2, 1999
Berger v. Hanlon
Media employees aren't entitled to qualified immunity for accompanying police officers executing a search warrant.
Civil Rights Dec. 2, 1999
Bowen v. Roe
Period of direct review includes period within which defendant can file for writ of certiorari from U.S. Supreme Court, whether or not petition actually filed.
Criminal Law and Procedure Dec. 2, 1999
Andrea R., a Minor
Trial court needn't hold separate evidentiary hearings to review the permanent placement plan and to terminate guardianship.
Juveniles Dec. 2, 1999
Children's Hospital and Health Center v. Belshe
State must meet requirements of Boren Amendment when setting rates for out-of-state hospitals that treat Medicaid patients.
Administrative Agencies Dec. 2, 1999
Mauro v. Arpaio
County jail regulation prohibiting inmates' possession of sexually explicit material doesn't violate First Amendment.
Prisoners Rights Dec. 2, 1999
U.S. v. Blanco-Gallegos
Where INS issues 'certificate of nonexistence' of alien's request to re-enter United States, presumption that alien didn't have permission is justified.
Criminal Law and Procedure Dec. 2, 1999
Urayna L., a Minor
Mother's failure to address adequacy of Department of Children and Family Services' report at trial results in waiver of issue on appeal.
Juveniles Dec. 1, 1999
People v. Stone
Jury could reasonably infer from the evidence in its entirety that defendant was illegally manufacturing phencyclidine.
Criminal Law and Procedure Dec. 1, 1999
People v. American Surety Insurance Co.
Insufficient notice to extend 180-day period to vacate bail bond forfeiture, filed within the 180 days, can't save subsequent untimely notice.
Criminal Law and Procedure Dec. 1, 1999
Commerce & Industry Insurance Co. v. Chubb Custom Insurance Co.
Warehouse insured by two insurance policies, each holding the other responsible for the loss, must be prorated between the insurers.
Insurance Dec. 1, 1999
Ingrid E. v. Superior Court (Dept. of Health and Human Services)
Where parent avers that many changed circumstances warranted a review hearing, denial of hearing is an abuse of discretion by the court.
Juveniles Dec. 1, 1999
Linsley v. Twentieth Century Fox Films Corp.
Defendant is entitled to attorney fees on summary judgment dismissing discrimination action filed after plaintiff signed release of all claims, including discrimination claims.
Employment Law Dec. 1, 1999
Washington Mutual Bank v. Superior Court (Brown)
Private state causes of action against lenders for failure to disclose inflated costs are not pre-empted or inconsistent with federal disclosure requirements.
Real Property Dec. 1, 1999
Saunders v. Superior Court (People)
Courts errs by failing to state grounds for discovery sanctions and ordering attorney to pay fine to a charity of choice.
Criminal Law and Procedure Dec. 1, 1999
Iwekaogwu v. City of Los Angeles
Reduction of jury award against prevailing party is justified based on questionable juror misconduct during deliberations.
Employment Law Dec. 1, 1999
Campbell v. Derylo
Triable issue exists as to whether use of snowboard without retention strap increases the inherent risk of injury to co-participants.
Torts Dec. 1, 1999
Sherwood-Trimble Medical Group v. 10001 Venice Boulevard Partnership
Deficiency judgment is barred where personal property vendor and real property vendor together receive a single note secured by two separate instruments.
Real Property Dec. 1, 1999
Binder v. Aetna Life Insurance Co.
Summary judgment is improper if material issues of dispute regarding parties implied agreement exists, and whether employee's conduct constituted 'good cause' for termination.
Employment Law Dec. 1, 1999