| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
95-35863
|
Capital Development Co. v. Port of Astoria
Oregon's statute of frauds applies to employees of municipal corporation. |
Contracts |
|
Jul. 27, 1999 | |
|
93-36025
|
Oregon Natural Resources Council v. Lowe
Forest plan need not consider old-growth trees if no on-the-ground designation at preimplementation stage. |
Environmental Law |
|
Jul. 27, 1999 | |
|
96-15888
|
U.S. v. Godinez
Defendant appearing before sentencing jury in shackles that are not visible is harmless error. |
Criminal Law and Procedure |
|
Jul. 27, 1999 | |
|
96-10078
|
U.S. v. Kikuyama
Defendant's need for psychiatric treatment is insufficient to support court imposing discretionary consecutive sentences. |
Criminal Law and Procedure |
|
Jul. 27, 1999 | |
|
94-30200 and 94-30201
|
U.S. v. Hugs
Standing to attack protection law, requires Native Americans to apply to take eagles for religious purposes. |
Criminal Law and Procedure |
|
Jul. 27, 1999 | |
|
95-70458
|
Jenkins v. INS
Hiring day workers for construction on residential property requires complying with employers' immigration reporting duties. |
Immigration |
|
Jul. 27, 1999 | |
|
E015549
|
Miscione v. Barton Development Co.
Obligations under commercial lease are not terminated by foreclosure due to attornment clause binding tenant. |
Real Property |
|
Jul. 27, 1999 | |
|
A070653
|
Stokes v. Board of Permit Appeals
No vested right to complete construction under building permits obtained by making false representations. |
Real Property |
|
Jul. 27, 1999 | |
|
B099424
|
Tibor v. Superior Court (McNamara)
In legal malpractice action, criminal defendant must prove both his innocence and his attorney's negligence. |
Attorneys |
|
Jul. 27, 1999 | |
|
A073037
|
Mayer v. Multistate Legal Studies Inc.
Wrongfully terminated plaintiff can recover contract damages for period when he received disability benefits. |
Employment Law |
|
Jul. 27, 1999 | |
|
A073180
|
Stacy T., a Minor
Mother must be advised that failure to appear could change settlement conference into dispositional hearing. |
Juveniles |
|
Jul. 27, 1999 | |
|
B098009
|
People v. Woodell
Appellate opinion is admissible to corroborate or explain other admissible evidence of a prior conviction. |
Criminal Law and Procedure |
|
Jul. 27, 1999 | |
|
B099070
|
Alexander v. Nextel Communications Inc.
Failure to have jury decide issue of whether employment was terminable at-will is prejudicial error. |
Employment Law |
|
Jul. 27, 1999 | |
|
S049490
|
People v. Eubanks
Victim's financial assistance to prosecutor's office may disqualify district attorney from case. |
Criminal Law and Procedure |
|
Jul. 27, 1999 | |
|
S051441
|
Randi W., a minor
Former employer can be liable for recommendation's affirmative misrepresentations presenting foreseeable risk to prospective employer. |
Torts |
|
Jul. 27, 1999 | |
|
E015369
|
Marriage of Purnel
California courts can order Native American to pay child support and attorney fees in dissolution action. |
Family Law |
|
Jul. 27, 1999 | |
|
A071468 and A072956
|
CRSS Commercial Group Inc. v. Toothman
Contractor isn't entitled to benefit of bargain damages for fraud and if no hiring obligation exists. |
Contracts |
|
Jul. 27, 1999 | |
|
E016226
|
People v. Laster
'Natural and probable consequences' instruction is appropriate if charged crime is foreseeable result of target offense. |
Criminal Law and Procedure |
|
Jul. 27, 1999 | |
|
B097029
|
Hepner v. Franchise Tax Board of the State of California
Tax debtor cannot claim exemptions on property subject to an order to withhold. |
Taxation |
|
Jul. 27, 1999 | |
|
A074767
|
Fireman's Fund Insurance Companies v. Quackenbush
Insurance commissioner doesn't have right to review administrative judge's interim evidentiary rulings while hearing is pending. |
Insurance |
|
Jul. 27, 1999 | |
|
96-10068
|
Extradition of Kirby
Jurisdiction exists to consider government's appeal from bail grant for special circumstances in extradition case. |
Criminal Law and Procedure |
|
Jul. 27, 1999 | |
|
H014775
|
People v. Monreal
Probation report including defendant's admissions qualifies as part of conviction record and admissible hearsay. |
Criminal Law and Procedure |
|
Jul. 27, 1999 | |
|
S051417
|
ABC International Traders Inc. v. Matsushita Electric Corporation of America
Restitution of money lost by unfair competition is ordered whether or not injunction also imposed. |
Business Law |
|
Jul. 27, 1999 | |
|
S007766
|
People v. Marshall
Death sentence defeated by faulty jury instructions on intent to kill element of special circumstance allegations. |
Criminal Law and Procedure |
|
Jul. 27, 1999 | |
|
94-55024
|
Trulis v. Barton
Counsel's intentional disregard of client's instructions for dismissal from suit is reckless and warrants sanctions. |
Attorneys |
|
Jul. 27, 1999 | |
|
93-16191
|
Valley Broadcasting Co. v. United States of America
First Amendment is violated by statute and regulations criminalizing broadcast advertising for casino gambling. |
Administrative Agencies |
|
Jul. 27, 1999 | |
|
94-10579
|
U.S. v. Uchimura
Jury decides materiality issue in prosecution for filing a false tax return. |
Criminal Law and Procedure |
|
Jul. 27, 1999 | |
|
95-17042
|
U.S. v. Gardner
United States can regulate grazing on public lands ceded by Mexico before Nevada obtained statehood. |
Real Property |
|
Jul. 27, 1999 | |
|
95-50539
|
U.S. v. Floyd
Despite mistaken belief of appeal right, defendant still cannot appeal conviction after unconditional guilty plea. |
Criminal Law and Procedure |
|
Jul. 27, 1999 | |
|
94-55990
|
Mitchell v. Prunty
Gang membership and crime scene presence don't support aiding and abetting gang-related murder conviction. |
Criminal Law and Procedure |
|
Jul. 27, 1999 |