| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
97-16326
|
Roe v. Anderson
Recent migrants are entitled to preliminary injunction against law paying welfare benefits at previous residence rate. |
Government |
|
Sep. 9, 1999 | |
|
95-56269
|
Ward v. Management Analysis Co.
Insurer of employer's employee benefit plan cannot deny benefits for untimely submission of proof of claim. |
Labor Law |
|
Sep. 9, 1999 | |
|
96-17121 and 96-17139
|
El Paso Natural Gas Co. v. Neztsosie
Price-Anderson Act doesn't bar Tribal Court from determining its jurisdiction over member's personal injury claim. |
Native American Affairs |
|
Sep. 9, 1999 | |
|
96-3380
|
Murphy v. United Parcel Service
High blood pressure, treated with medication, doesn't substantially limit a major life activity for protection under the Americans with Disabilities Act. |
Employment Law |
|
Sep. 9, 1999 | |
|
96-35002
|
Kirkingburg v. Albertson's Inc.
Employer can't require driver who has received federal vision waiver to meet basic federal vision standards. |
Employment Law |
|
Sep. 9, 1999 | |
|
B108555
|
Bockrath v. Aldrich Chemical Co.
Plaintiff allegedly injured by unidentified chemicals can't sue multiple defendants in hope of discovering tortfeasor. |
Torts |
|
Sep. 9, 1999 | |
|
C027361
|
Sierra Club v. San Joaquin Local Agency Formation Commission (Califia Development Group)
Action dismissed for failure to exhaust administrative remedies where plaintiffs didn't request reconsideration of agency ruling. |
Government |
|
Sep. 9, 1999 | |
|
B120188
|
Horwich v. Superior Court (Acuna)
Wrongful death action may be maintained by survivors of deceased uninsured motorist. |
Torts |
|
Sep. 9, 1999 | |
|
B116718
|
Preferred Risk Mutual Insurance Co. v. Reiswig
Notice of intent to sue health care provider doesn't toll limitations period for indemnity action. |
Torts |
|
Sep. 9, 1999 | |
|
98-184
|
Wyoming v. Houghton
Search of purse exceeded valid warrantless search of car and violated Fourth Amendment rights. |
Criminal Law and Procedure |
|
Sep. 9, 1999 | |
|
97-55642 and 97-55650
|
In re Real Property Known as 22249 Dolorosa Street
Claimants who successfully defend against even part of forfeiture action are prevailing parties and entitled to attorney fees. |
Civil Procedure |
|
Sep. 8, 1999 | |
|
98-0239
|
Ginda v. Exel Logistics Inc.
Highest-ranking employee at worksite may be 'managing agent' for Fair Employment and Housing Act purposes. |
Employment Law |
|
Sep. 8, 1999 | |
|
98-4369
|
Project Sentinel v. Evergreen Ridge Apartments
Organization's abstract social interests, and it expending funds on litigation to further its interests, doesn't create standing. |
Civil Procedure |
|
Sep. 8, 1999 | |
|
97-1499
|
Armstrong v. Alicante School
School isn't liable under Individuals with Disabilities in Education Act for disabled student's injuries after ingestion of illegal drugs on campus. |
Education |
|
Sep. 8, 1999 | |
|
98-0502
|
Drucker v. Greater Phoenix Transportation Co. Inc.
Motor Carrier Financial Responsibility laws require uninsured motorist coverage for drivers of passenger transport vehicles for hire. |
Insurance |
|
Sep. 7, 1999 | |
|
98-15862
|
Planned Parenthood of Southern Arizona v. LaWall
Parental consent statute for abortion, containing provisions for intermediate judicial bypass and open-ended medical emergency, isn't constitutional. |
Constitutional Law |
|
Sep. 7, 1999 | |
|
97-70894
|
Andriasian v. INS
Time alien spent in third country isn't sufficient to support denial of asylum unless alien is firmly resettled in third country. |
Immigration |
|
Sep. 7, 1999 | |
|
97-56217
|
Morales v. Cooperative of American Physicians Inc.
California litigation privilege bars suit for negligent and intentional misrepresentation based on responses to interrogatories in prior medical malpractice suit. |
Torts |
|
Sep. 7, 1999 | |
|
97-55503
|
Walker v. American Home Shield Long Term Disability Plan
Plan interpretations and factual determinations are encompassed in a de novo standard of review for insurance disability claim under ERISA. |
Employment Law |
|
Sep. 7, 1999 | |
|
98-56727
|
Recording Industry Assoc. of America v. Diamond Multimedia Systems
'Rio' portable music player isn't subject to restrictions of Audio Home Recording Act of 1992, as it isn't a 'digital audio recording device.' |
Intellectual Property |
|
Sep. 7, 1999 | |
|
98-15306
|
Clinton v. Babbitt
Members of Navajo Nation living on land belonging to Hopi Tribe can't proceed to court to dispute long-term leases where Hopi Tribe is an indispensable party. |
Native American Affairs |
|
Sep. 7, 1999 | |
|
97-50174
|
U.S. v. Mikaelian
State's failure to request downward departure from Sentencing Guidelines doesn't relieve trial court's duty to cooperation. |
Criminal Law and Procedure |
|
Sep. 7, 1999 | |
|
98-15794
|
Palomar Pomerado Health Center v. Belshe
Healthcare district established by state lacks standing to sue state officials in federal court challenging state statute on constitutional grounds. |
Government |
|
Sep. 7, 1999 | |
|
97-56525
|
Bankruptcy of Levander
The bankruptcy court has jurisdiction to amend an order awarding attorney fees to add a third-party judgment debtor. |
Bankruptcy |
|
Sep. 7, 1999 | |
|
B125285, B125298, B130137, and B130146
|
McKelvey v. Boeing North American Inc.
Claims are time-barred when plaintiffs admit publicity surrounding defendants' conduct and don't allege facts showing why they didn't make earlier discovery. |
Civil Procedure |
|
Sep. 7, 1999 | |
|
97-56525
|
Bankruptcy of Levander
The bankruptcy court has jurisdiction to amend an order awarding attorney fees to add a third-party judgment debtor. |
Bankruptcy |
|
Sep. 7, 1999 | |
|
A083685
|
Grell v. Laci Le Beau Corp.
Suspension of corporate status doesn't toll statute of limitations against now-revived corporation. |
Civil Procedure |
|
Sep. 7, 1999 | |
|
D026292 and D027470
|
Heppler v. J.M. Peters Co. Inc.
Indemnitor must be negligent before subcontract with indemnity provision can be exercised. |
Contracts |
|
Sep. 7, 1999 | |
|
B116070
|
Ehret v. Congoleum Corp.
In determining portion of settlement to be set off from economic damages, court must apply percentage of economic damages award in relationship to total award. |
Torts |
|
Sep. 7, 1999 | |
|
B125203
|
Kim v. WCAB
Application of statutory payment cap on vocational rehabilitation benefits to interpreter fees doesn't violate equal protection. |
Workers' Compensation |
|
Sep. 7, 1999 |