| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
95-897
|
Auer v. Robbins,
Order |
|
Jul. 19, 1999 | ||
|
95-55464
|
Alvarez-Machain v. United States
Torture Victim Protection Act applies to events prior to its enactment. |
Torts |
|
Jul. 19, 1999 | |
|
95-10441
|
U.S. v. Ruelas
Jurisdictional challenge based on defective indictment is not waived by plea agreement appeal waiver. |
Criminal Law and Procedure |
|
Jul. 19, 1999 | |
|
95-17131
|
Phaneuf v. Republic of Indonesia
Foreign agent must act with actual authority to apply commercial activity exception to Immunities Act. |
Government |
|
Jul. 18, 1999 | |
|
95-30103
|
U.S. v. Gilcrist
Determining 15-year offense cutoff for criminal history, parole to serve consecutive sentence ends prior term. |
Criminal Law and Procedure |
|
Jul. 18, 1999 | |
|
96-50270
|
U.S. v. Kim
De novo review is required for district court's decision on authority to consent to search. |
Criminal Law and Procedure |
|
Jul. 18, 1999 | |
|
94-55257
|
Ceniceros v. Board of Trustees of the San Diego Unified School District
Public school must allow high-school religious club to use classroom during lunch period. |
Education |
|
Jul. 18, 1999 | |
|
95-10366 and 95-10394
|
U.S. v. Lopez
Sentence can be reduced for prejudice to defendant after government misconduct during plea negotiations. |
Criminal Law and Procedure |
|
Jul. 18, 1999 | |
|
96-272
|
Metropolitan Stevedore Co. v. Rambo
Injured longshoreman gets nominal compensation if injury doesn't cause present lost wages but might in future. |
Workers' Compensation |
|
Jul. 18, 1999 | |
|
C023840
|
Rio Linda Unified School District v. Superior Court (Diaz)
Disregarding inadmissible hearsay evidence after defense objection requires summary judgment since plaintiff cannot prove case. |
Torts |
|
Jul. 18, 1999 | |
|
A074821
|
L.C. Rudd & Son Inc. v. Superior Court (Krystal)
Low allocation of settlement proceeds to defects for which nonsettling defendant could be liable is improper. |
Real Property |
|
Jul. 18, 1999 | |
|
S053132
|
Mullins v. Rockwell International Corp.
Review granted |
|
Jul. 18, 1999 | ||
|
S037504
|
Western Security Bank N.A. v. Superior Court (Beverly Hills Business Bank)
Standby letters of credit supporting loan secured by real property are not extinguished by foreclosure. |
Real Property |
|
Jul. 18, 1999 | |
|
96-568
|
Oncale v. Sundowner Offshore, et al.
Certiorari granted |
|
Jul. 18, 1999 | ||
|
S053965
|
People v. Pulido
Aider and abettor after robbery and killing is not guilty of first degree murder. |
Criminal Law and Procedure |
|
Jul. 18, 1999 | |
|
S053132
|
Mullins v. Rockwell International Corp.
Statute of limitations runs from actual termination date in any contract action for wrongful termination. |
Employment Law |
|
Jul. 18, 1999 | |
|
95-17175
|
Gee v. Southwest Airlines
Airline Deregulation Act pre-empts state law claims regarding crew's service but not concerning safety operations. |
Torts |
|
Jul. 18, 1999 | |
|
G015952
|
Blue Lagoon Community Assoc. v. Mitchell
Property owners seeking to reduce percentage of votes necessary to amend declaration aren't entitled to costs. |
Real Property |
|
Jul. 18, 1999 | |
|
G020180
|
Kaufman v. Superior Court (Kanarek)
Litigation privilege bars tort action against attorney for willful silence despite duty to speak. |
Torts |
|
Jul. 18, 1999 | |
|
96-15078
|
Alpha Epsilon Phi Tau Chapter Housing Assoc. v. City of Berkeley
Rent board can adjudicate landlords' registration fees and penalties which amount to small percentage of budget. |
Real Property |
|
Jul. 18, 1999 | |
|
96-16373
|
Singh v. Reno
Alien who obtains permanent residence status can be excluded after spending extensive time abroad. |
Immigration |
|
Jul. 18, 1999 | |
|
97-15196
|
Price Road Neighborhood Assoc. Inc. v. U.S. Dept. of Transportation
Environmental re-evaluation is an appropriate vehicle for determining environmental impact of freeway design change. |
Environmental Law |
|
Jul. 18, 1999 | |
|
95-16666
|
Acri v. Varian Associates Inc.
District court can exercise supplemental jurisdiction over state claims without determining whether it should be declined. |
Civil Procedure |
|
Jul. 18, 1999 | |
|
95-17358
|
Legal Services of Northern California Inc. v. Arnett
Legal services provider doesn't suffer deprivation under Older Americans Act after state's grant to rival applicant. |
Government |
|
Jul. 18, 1999 | |
|
96-15275
|
County of Stanislaus v. Pacific Gas & Electric Co.
Filed rate doctrine prohibits antitrust challenge to gas quantity imported by utility after federal agency approval. |
Antitrust |
|
Jul. 18, 1999 | |
|
96-15933
|
Diviero v. Uniroyal Goodrich Tire Co.
Opinion testimony is inadmissible if expert cannot dismiss other accident causes and cannot explain reasoning. |
Torts |
|
Jul. 18, 1999 | |
|
97-55164
|
Forde v. U.S. Parole Commission
Order |
|
Jul. 18, 1999 | ||
|
G015952
|
In re Blue Lagoon Community Association
Property owners seeking to reduce percentage of votes necessary to amend declaration aren't entitled to costs. |
Real Property |
|
Jul. 18, 1999 | |
|
G020180
|
Kaufman v. Superior Court (Kanarek)
Litigation privilege bars tort action against attorney for willful silence despite duty to speak. |
Torts |
|
Jul. 18, 1999 | |
|
B092920
|
Simon Levi Co. Ltd. v. Dun & Bradstreet Pension Services Inc.
Employer's action against pension plan's contract administrator for breach of contract isn't pre-empted by ERISA. |
Labor Law |
|
Jul. 18, 1999 |