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Name Category Published
Roe v. Anderson
Recent migrants are entitled to preliminary injunction against law paying welfare benefits at previous residence rate.
Government Sep. 9, 1999
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
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
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
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
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
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
Horwich v. Superior Court (Acuna)
Wrongful death action may be maintained by survivors of deceased uninsured motorist.
Torts Sep. 9, 1999
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
Wyoming v. Houghton
Search of purse exceeded valid warrantless search of car and violated Fourth Amendment rights.
Criminal Law and Procedure Sep. 9, 1999
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
Heppler v. J.M. Peters Co. Inc.
Indemnitor must be negligent before subcontract with indemnity provision can be exercised.
Contracts Sep. 7, 1999
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
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