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Name Category Published
State of California v. United States of America
State's claims against federal government regarding costs of illegal alien problems present nonjusticiable political questions.
Immigration Jul. 6, 1999
Sutherland v. Barclays American/Mortgage Corporation
Agreement to 'stop' loan account temporarily doesn't mean the account will resume with a balloon payment.
Contracts Jul. 6, 1999
Jefferson v. Tarrant
Certiorari granted
Jul. 6, 1999
Almendarez-Torres v. United States
Certiorari granted
Jul. 6, 1999
U.S. v. Thompson
Actual touching of victim isn't required to support sentence enhancement for 'physical restraint' of victim.
Criminal Law and Procedure Jul. 6, 1999
Young v. Fordice
Mississippi is required to preclear changes in its election 'practices and procedures.'
Government Jul. 6, 1999
Sanders v. American Broadcasting Companies Incorp.
Secret videotaping of conversation with employee in 'open work area' is not invasion of privacy.
Torts Jul. 6, 1999
Elden v. Superior Court (Elden)
Arbitration award settling marital property rights can't be confirmed until parties submit financial disclosure declarations.
Family Law Jul. 6, 1999
Budget Rent-A-Car Inc. v. Higashiguchi
Declaratory action plaintiff meets jurisdictional amount in controversy by aggregating multiple claims against single insured.
Civil Procedure Jul. 6, 1999
Confederated Tribes of Siletz Indians of Oregon v. United States
Statutory provision requiring governor to concur in granting tribes land for gaming isn't unconstitutional.
Native American Affairs Jul. 6, 1999
Moorefield v. Commissioner, IRS
Order
Jul. 6, 1999
Tan T., a Minor
Minor's release from detention is required after 56-hour delay between arrest and filing of petition.
Juveniles Jul. 6, 1999
Quarterman v. Kefauver
No attorney fees for plaintiff after property damaged by lead paint chips in urban backyard.
Torts Jul. 6, 1999
Tylo v. Superior Court (Spelling Entertainment Group Inc.)
Deposition questions relating to actress' emotional distress from her marriage constitute impermissible 'fishing expedition.'
Civil Procedure Jul. 6, 1999
People v. Carter
Police officer's testimony as expert opinion defendant possessed rock cocaine for sale purposes is admissible.
Criminal Law and Procedure Jul. 6, 1999
County of Placer v. Andrade
Court cannot disregard overtime pay from support calculation merely because it occurs sporadically.
Family Law Jul. 6, 1999
Empire Fire and Marine Insurance Co. v. Bell
Insurance company has duty to defend or indemnify ambulance driver despite driver exclusion endorsement.
Insurance Jul. 6, 1999
General Accident Insurance Co. of America v. Superior Court (Western MacArthur Co.)
Successor corporation isn't entitled by operation of law to predecessor's insurance coverage.
Insurance Jul. 6, 1999
Marriage of Iberti
Spousal support irrevocably terminates when wife stops attending college pursuant to marital settlement agreement.
Family Law Jul. 6, 1999
Guardianship of Kaylee J.
Non-parent guardian appointment is fatally flawed by inconsistent order to develop reunification plan for mother.
Family Law Jul. 6, 1999
Sinclair Paint Co. v. State Board of Equalization
Fees assessed against paint company under Childhood Lead Prevention Act are regulatory fees, not unconstitutional taxation.
Taxation Jul. 6, 1999
Wm. R. Clarke Corp. v. Safeco Insurance Co. of America
'Pay if paid' construction subcontract provision doesn't insulate contractor and payment bond surety from payment obligation.
Contracts Jul. 6, 1999
Gordon v. Superior Court (People)
Attorney's records seized by warrant must remain sealed until special master holds noticed hearing.
Criminal Law and Procedure Jul. 6, 1999
Keh v. Walters
Forced vacancy of single space in mobile home park doesn't constitute statutory 'change of use.'
Real Property Jul. 6, 1999
People v. Santiago
Physically-abused child's consent to police entry into home and gathering of evidence is valid.
Criminal Law and Procedure Jul. 6, 1999
U.S. v. Garcia-Barron
Driver's efforts to avoid border checkpoint in smuggling area raises reasonable suspicion to stop rented vehicle.
Criminal Law and Procedure Jul. 6, 1999
Hansen v. Sunnyside Products Inc.
Product label warnings are relevant in determining whether product has design defect under risk/benefit test.
Torts Jul. 6, 1999
People v. Marroquin
Conviction for street gang participation based on same events from earlier conviction violates double jeopardy.
Criminal Law and Procedure Jul. 6, 1999
U.S. v. Walker
Federal Rules of Evidence do not apply in proceedings to revoke term of supervised release.
Criminal Law and Procedure Jul. 6, 1999
Del Monte Dunes at Monterey v. City of Monterey
Order
Jul. 6, 1999