| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
95-55725
|
State of California v. Montrose Chemical Corp. of California
CERCLA's three-year limitations statute doesn't begin until Type A and B regulations are promulgated. |
Environmental Law |
|
Aug. 3, 1999 | |
|
95-16081
|
Local Motion Inc. v. Niescher
Prevailing party cannot dismiss remaining claims without prejudice in order to prevent appeal by loser. |
Civil Procedure |
|
Aug. 3, 1999 | |
|
95-17319
|
Turk v. White
Despite invalidity of conviction and life sentence, statute using prisoner's status to define offense is rational. |
Criminal Law and Procedure |
|
Aug. 3, 1999 | |
|
95-35857
|
Bay View Inc. v. AHTNA Inc.
Statute cannot be invalidated under takings clause when Tucker Act provides means of compensation. |
Government |
|
Aug. 3, 1999 | |
|
95-70501
|
Leila G. Newhall Unitrust v. IRS
Charitable remainder unitrust's entire income is taxed, including unrelated income from publicly traded limited partnerships. |
Taxation |
|
Aug. 3, 1999 | |
|
96-30144
|
U.S. v. Fuentes
Attempted flight from airport officers supports belief suspect has something highly incriminating in his pocket. |
Criminal Law and Procedure |
|
Aug. 3, 1999 | |
|
88-1828 and 88-1910
|
Greenawalt v. Stewart
Death row inmate is denied certificate of probable cause to appeal absent satisfying 'substantial showing' standard. |
Criminal Law and Procedure |
|
Aug. 3, 1999 | |
|
95-55993
|
Boyden v. Reno
U.S. law governs effect of parole violation on sentence computation after convict transferred from Canada. |
Criminal Law and Procedure |
|
Aug. 3, 1999 | |
|
95-1595
|
Babbit v. Youpee
Despite amendment, statute still impermissibly restricts right of individual Indians to direct descent of property. |
Native American Affairs |
|
Aug. 3, 1999 | |
|
F024370
|
People v. Dias
Defendant's apparently conditional threats against victim still constitute statutory violation of threatening a crime. |
Criminal Law and Procedure |
|
Aug. 3, 1999 | |
|
E019306
|
Stevens v. Superior Court (Fridley)
Master calendar rule is inapplicable to timeliness of motion to disqualify judge assigned by telephone. |
Judges |
|
Aug. 3, 1999 | |
|
B104051
|
Wilson v. The Superior Court of Los Angeles County (Los Angeles Times)
Applications submitted for board of supervisors position are exempt from disclosure under Public Records Act. |
Government |
|
Aug. 3, 1999 | |
|
F023873
|
The State of Ohio v. Barron
Noncustodial father must pay child support in excess of amount actually paid by the state. |
Family Law |
|
Aug. 3, 1999 | |
|
B104051
|
Wilson v. Superior Court (Los Angeles Times)
Applications submitted for board of supervisors position are exempt from disclosure under Public Records Act. |
Government |
|
Aug. 3, 1999 | |
|
B094292
|
People v. Flores
Driver knocked unconscious at scene of accident must provide identifying information immediately after regaining consciousness. |
Criminal Law and Procedure |
|
Aug. 3, 1999 | |
|
S056772
|
People v. Ponce
Review granted |
|
Aug. 3, 1999 | ||
|
S056894
|
People v. Gardner
Review granted |
|
Aug. 3, 1999 | ||
|
S057149
|
People v. Bremner
Review granted |
|
Aug. 3, 1999 | ||
|
96-V-01909
|
Murphy v. State Bar
Absent extraordinary circumstances, rehabilitation for suspension relief considers only conduct after last discipline causing suspension. |
Attorneys |
|
Aug. 3, 1999 | |
|
S057270
|
Pitts v. County of Kern
District attorneys' absolute immunity from liability for his employees' prosecutorial functions doesn't extend to county. |
Government |
|
Aug. 3, 1999 | |
|
S057405
|
People v. Holiday
Review granted |
|
Aug. 3, 1999 | ||
|
S057709
|
People v. Senner
Review granted |
|
Aug. 3, 1999 | ||
|
S057369
|
Cheong v. Antablin
Primary assumption of risk bars skier from recovering for negligence after collision with another skier. |
Torts |
|
Aug. 3, 1999 | |
|
S056734
|
People v. Peevy
Review granted |
|
Aug. 3, 1999 | ||
|
S057098
|
Cotran v. Rollins Hudig Hall International, Inc.,
No Wrongful Termination if EmployerHas Reasonable Good Faith BeliefThat Employee Sexually Harassed Others. |
Employment Law |
|
Aug. 3, 1999 | |
|
S057280
|
People v. Ridge
Observations during unlawful parole search must be suppressed and warrant based on observations is unlawful. |
Criminal Law and Procedure |
|
Aug. 3, 1999 | |
|
95-10412
|
U.S. v. Kaneakua
Sentencing under Assimilated Crimes Act follows mandatory minimum sentence required by state's repeat offender statute. |
Criminal Law and Procedure |
|
Aug. 3, 1999 | |
|
95-36265
|
Buster v. Greisen
Even absent removal jurisdiction, federal court can impose sanctions for frivolous state suit by ERISA fiduciary. |
Labor Law |
|
Aug. 3, 1999 | |
|
95-50494, 95-50496, 95-50528 and 95-50550
|
U.S. v. Turner
Charging greatly disproportionate numbers of minority gang members with crack-cocaine offenses isn't selective prosecution. |
Criminal Law and Procedure |
|
Aug. 3, 1999 | |
|
96-30002, 96-30003 and 96-30012
|
U.S. v. Lightbourne
Following waiver, co-conspirators' spousal relationship doesn't create inherent conflict barring attorney's joint representation. |
Criminal Law and Procedure |
|
Aug. 3, 1999 |