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Name Category Published
Zubrick v. Ford
Statute violation creates presumption of duty of care that isn't pre-empted by assumption of risk.
Torts Aug. 5, 1999
Davis v. Wood-Mizer Products Inc.
Rehearing denied
Aug. 5, 1999
La Paz County v. Upton
Member of county board of supervisors can be reimbursed for travel expenses incurred while performing special duties.
Government Aug. 5, 1999
Bank of America National Trust & Savings Assn. v. Yurosek
'This motion is dropped' means court deletes it from calendar and not dismissal with prejudice.
Civil Procedure Aug. 5, 1999
State of Washington v. East Columbia Basin Irrigation District
Despite project's low control costs, Flood Control Act immunity applies in Federal Tort Claims Act action.
Torts Aug. 5, 1999
Randi W. v. Muroc Joint Unified School District
Former employer can be liable for recommendation's affirmative misrepresentations presenting foreseeable risk to prospective employer.
Torts Aug. 5, 1999
People v. Peck
Defendant's defense of free exercise of religion to possession of marijuana charge is rejected.
Criminal Law and Procedure Aug. 5, 1999
People v. Falck
Stalking statute isn't unconstitutionally vague or overbroad and substantial evidence supports conviction.
Criminal Law and Procedure Aug. 5, 1999
People v. Ramos
First degree burglary is reduced to second degree if inhabitant is dead before defendant enters.
Criminal Law and Procedure Aug. 5, 1999
Muething v. Franchise Tax Board
Company's sold stock doesn't qualify as 'small business stock' and gain is taxed as preference income.
Taxation Aug. 5, 1999
Wilson v. Safeway Stores Inc.
Fees and costs are included in determining if tort judgment is greater than settlement offer.
Civil Procedure Aug. 5, 1999
Huens v. Tatum
Relief from dismissal provision does not apply after voluntary dismissal pursuant to settlement agreement.
Civil Procedure Aug. 5, 1999
Helfand v. Gerson
Decedent's beneficiary cannot take contrary positions regarding gift in federal action and state probate proceeding.
Probate and Trusts Aug. 5, 1999
David D., a Minor
Juvenile's 34 instances of misdemeanor defacing property cannot be aggregated into felony conviction.
Juveniles Aug. 5, 1999
U.S. v. Angotti
Bank officials' location determines proper venue district for crime of making false statements to bank.
Criminal Law and Procedure Aug. 5, 1999
Leorna v. U.S. Dept. of State
Exhaustion requirement's futility exception is inapplicable absent employment applicant's compliance with federal agency's procedures.
Labor Law Aug. 5, 1999
U.S. v. Miller
State law restoration of rights isn't bar to felon status for federal firearm possession prosecution.
Criminal Law and Procedure Aug. 5, 1999
LiMandri v. Judkins
Absent duty of care evidence there cannot be interference with prospective business advantage.
Torts Aug. 5, 1999
Elizabeth M., a Minor
Parental rights are terminated despite mother's contention relationship with daughter would be beneficial.
Juveniles Aug. 5, 1999
In re Visciotti
No relief from death penalty if claim of ineffective assistance of counsel fails to show prejudice.
Criminal Law and Procedure Aug. 5, 1999
Davis v. K G O T.V., Inc.
Recovery of expert witness fees is not authorized as element of costs.
Civil Procedure Aug. 5, 1999
State Farm Fire and Casualty Co. v. Workers' Compensation Appeals Board
Review granted
Aug. 5, 1999
People v. Mays
Review granted
Aug. 5, 1999
People v. Barriga
Court Can Reject Agreement WhichViolates Felony Plea Statute EvenAfter Plea Has Been Accepted.
Criminal Law and Procedure Aug. 5, 1999
People v. Gutierrez
Specific intent to use syringe to inject drug isn't element for possessing paraphernalia in prison offense.
Criminal Law and Procedure Aug. 5, 1999
Velarde v. Pace Membership Warehouse Inc.
ERISA doesn't pre-empt contract breach action against employer based on 'stay on' letter promising bonus.
Employment Law Aug. 5, 1999
Burlington Northern Railroad Co. v. Wolf
District court cannot enjoin enforcement of tribal court's judgment before debtor exhausts tribal remedies.
Native American Affairs Aug. 5, 1999
Marriage of Biddle
Qui tam action filed prior to separation but still pending at dissolution is community property.
Family Law Aug. 5, 1999
Gonzales v. ABC Happy Realty Inc.
Statute permitting costs against party for unreasonable action also applies to unsuccessful, but not frivolous, appeal.
Civil Procedure Aug. 5, 1999
City of Vista v. Sutro & Co.
Finance director with power to execute agreements on city's behalf could bind city to arbitration agreement.
Civil Procedure Aug. 5, 1999