| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
96-30115 and 96-30187
|
U.S. v. Collins
Ex post facto clause is violated by sentencing of defendants under new statute allowing increased punishment. |
Criminal Law and Procedure |
|
Jun. 18, 1999 | |
|
96-56437
|
Keith v. Volpe
State outdoor advertising statute cannot be overridden by district court unless it conflicts with federal law. |
Constitutional Law |
|
Jun. 18, 1999 | |
|
B106237
|
People v. Bishop
Court does not abuse discretion by dismissing two prior strikes of a non-violent offender. |
Criminal Law and Procedure |
|
Jun. 18, 1999 | |
|
B114191
|
Jeff M. v. Superior Court (Los Angeles County Department of Children and Family Services)
Trial court is ordered to conduct trial in dependency action delayed more than one year. |
Juveniles |
|
Jun. 18, 1999 | |
|
B104513
|
People v. Garcia
Circumstances justify ordering defendant to wear 'react belt' capable of delivering electric shock during trial. |
Criminal Law and Procedure |
|
Jun. 18, 1999 | |
|
B099018
|
Zelda Inc. v. Northland Insurance Corp.
Insured cannot trigger duty to defend by speculating about extraneous 'facts' regarding potential liability. |
Insurance |
|
Jun. 18, 1999 | |
|
B104077
|
People v. Phillips
Failure to provide defendant with names of prospective jurors isn't prejudicial error requiring overturning conviction. |
Criminal Law and Procedure |
|
Jun. 18, 1999 | |
|
95-55657
|
Cooper v. Pickett
Fraud liability is based on statements to analyst by corporate insiders with intent to reach market. |
Securities |
|
Jun. 18, 1999 | |
|
S055775
|
Lake v. Reed
In drunken driving case reviews, DMV can rely on unsworn police or forensic laboratory reports. |
Administrative Agencies |
|
Jun. 18, 1999 | |
|
B098621
|
Denny's Inc. v. City of Agoura Hills
Businesses are entitled to retain pole signs despite city ordinance requiring removal of non-conforming signs. |
Government |
|
Jun. 18, 1999 | |
|
C024945
|
Marriage of Labass
Court can substitute earning capacity for actual income in applying statewide child support guideline formula. |
Family Law |
|
Jun. 18, 1999 | |
|
D021735
|
Gonzales v. Personal Storage, Inc.
Storage facility is liable for emotional distress caused by its conversion of tenant's belongings. |
Torts |
|
Jun. 18, 1999 | |
|
B107423
|
Hall v. Laronde
Use of electronic mail by out-of-state party can establish sufficient minimum contacts to support personal jurisdiction. |
Contracts |
|
Jun. 18, 1999 | |
|
D021800
|
People v. Kasim
Prosecutor's failure to disclose exculpatory evidence bearing on key witnesses' credibility warrants new trial. |
Criminal Law and Procedure |
|
Jun. 18, 1999 | |
|
95-70884
|
The Skokomish Indian Tribe v. Federal Energy Regulatory Commission
Applicant's preliminary permit for hydropower facility cannot issue if competitor seeking relicense uses same resources. |
Administrative Agencies |
|
Jun. 18, 1999 | |
|
96-15600
|
Camacho v. Du Sung Corp.
Lessee's contractual duty eliminates owner's liability for injury on commercial premises leased as shooting range. |
Torts |
|
Jun. 18, 1999 | |
|
96-55256 and 96-55367
|
Levi Strauss & Co. v. Shilon
No actual counterfeit sales doesn't bar Lanham Act claim for offer to sell fake labels. |
Intellectual Property |
|
Jun. 18, 1999 | |
|
97-99018
|
Thompson v. Calderon
Order |
|
Jun. 18, 1999 | ||
|
94-56774
|
Practice Management Information Corp. v. The American Medical Assoc.
Copyrighted medical procedure code doesn't become law and enter public domain by federal agency's general adoption. |
Intellectual Property |
|
Jun. 18, 1999 | |
|
95-99014
|
Thompson v. Calderon
Order |
|
Jun. 18, 1999 | ||
|
95-17291
|
National Steel Corp. v. Golden Eagle Insurance Co.
To avoid defending, insurer must show falsity of insured's alleged ignorance of facts showing claim's foreseeability. |
Insurance |
|
Jun. 18, 1999 | |
|
96-10397
|
U.S. v. Woodruff
Government need only show de minimis effect on interstate commerce to satisfy Hobbs Act's jurisdictional element. |
Criminal Law and Procedure |
|
Jun. 18, 1999 | |
|
96-35043
|
Payne v. Exxon Corp.
No response to one defendant's discovery requests supports dismissing claim with prejudice against non-discovering defendant. |
Civil Procedure |
|
Jun. 18, 1999 | |
|
96-50137
|
U.S. v. Mendoza
Downward departure is allowed if defendant lacked control over, or knowledge of, purity of drug delivered. |
Criminal Law and Procedure |
|
Jun. 18, 1999 | |
|
96-50570
|
U.S. v. Makowski
Federal statute barring racially motivated assaults is not void for vagueness. |
Criminal Law and Procedure |
|
Jun. 18, 1999 | |
|
93-17028
|
U.S. v. Jose
Order |
|
Jun. 18, 1999 | ||
|
95-56657
|
McKendall v. Crown Control Corp.
In products liability case, expert opinion based on experience/training is admissible absent supporting scientific principles. |
Torts |
|
Jun. 18, 1999 | |
|
96-10295
|
U.S. v. Gravenmeir
Legal gun ownership as exception to machine gun ban is affirmative defense, not element of crime. |
Criminal Law and Procedure |
|
Jun. 18, 1999 | |
|
96-30249
|
U.S. v. Sandoval-Lopez
Defendant's challenge to plea agreement after law change makes conduct non-criminal, isn't breach of agreement. |
Criminal Law and Procedure |
|
Jun. 18, 1999 | |
|
96-70039
|
Calderon v. USDC
Mandamus petitioner must seek habeas corpus relief alleging exhausted claim before attempting to compel postconviction discovery. |
Criminal Law and Procedure |
|
Jun. 18, 1999 |
