| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
96-17087
|
Cybersell Inc. v. Cybersell Inc.
Alleged infringement of website service mark doesn't provide personal jurisdiction in mark holder's place of business. |
Intellectual Property |
|
Jun. 3, 1999 | |
|
G021411
|
Pfizer Inc. v. Superior Court (Aetna Casualty & Surety Co.)
Insured is entitled to discovery from insurer regarding other insureds whose manufactured medical devices triggered coverage. |
Civil Procedure |
|
Jun. 3, 1999 | |
|
97-70106, 97-70294 and 97-70333
|
Kalaw v. INS
Federal statutory transitional rules bar direct judicial review of attorney general's deportation suspensions within certain time. |
Immigration |
|
Jun. 3, 1999 | |
|
97-1519
|
Bankruptcy of San Rafael Baking Co.
Bankruptcy court lacks authority to allow an administrative expense based on an expired collective bargaining agreement. |
Bankruptcy |
|
Jun. 3, 1999 | |
|
96-1887
|
Bankruptcy of Luz International Inc.
Court cannot adjudicate substantive merits of setoff claim as part of relief from stay motion. |
Bankruptcy |
|
Jun. 3, 1999 | |
|
97-1377
|
Bankruptcy of King Street Investments Inc.
California's anti-deficiency statutes do not preclude damages for constructive fraud after deed in lieu acceptance. |
Bankruptcy |
|
Jun. 3, 1999 | |
|
95-O-13943 and 95-O-15779
|
Greenwood v. State Bar
Default is final 45 days after entry absent lack of notice and compelling circumstances. |
Attorneys |
|
Jun. 3, 1999 | |
|
D027874
|
Taggares v. Superior Court (Mitchell)
Where party indigent, cost-free option should be made available to settle discovery disputes. |
Civil Procedure |
|
Jun. 3, 1999 | |
|
E019418
|
People v. Ward
Statute prohibiting defendant from assaulting mother of defendant's child isn't violated by assault on pregnant ex-girlfriend. |
Criminal Law and Procedure |
|
Jun. 3, 1999 | |
|
G018933
|
Saba v. Crater
An offer to compromise must be in writing to satisfy requirements of Civil Procedure Code. |
Civil Procedure |
|
Jun. 3, 1999 | |
|
D024362
|
Marriage of Schofield
State court awarding payment of arrearages doesn't re-label property interest in federal pension plan. |
Family Law |
|
Jun. 3, 1999 | |
|
B106922
|
People v. Wood
Felonies can't be reduced to misdemeanors if prison sentence was imposed before probation was granted. |
Criminal Law and Procedure |
|
Jun. 3, 1999 | |
|
96-70683
|
Salcido-Salcido v. INS
Board of Immigration Appeals abuses its discretion in not considering hardship deportation would impose on family. |
Immigration |
|
Jun. 3, 1999 | |
|
97-15405
|
Imada v. City of Hercules
Fair Labor Standards Act doesn't require city pay police for time traveling to off-site training. |
Labor Law |
|
Jun. 3, 1999 | |
|
96-36067
|
Allmerica Financial Life Insurance and Annuity Co. v. SMA Life Assurance Co.
Revocation of professional license precludes coverage under disability insurance policy for resulting 'depression.' |
Insurance |
|
Jun. 3, 1999 | |
|
97-10240
|
U.S. v. Bailey
Near identity of state statute and federal Guidelines permits base offense level increase for state conviction. |
Criminal Law and Procedure |
|
Jun. 3, 1999 | |
|
96-16830
|
Sloan v. West
Appeals of Merit System Protection Board jurisdictional decisions in 'mixed cases' belong in Federal Circuit. |
Civil Procedure |
|
Jun. 3, 1999 | |
|
97-99006
|
Smith v. Stewart
Failure to present available mitigating evidence during penalty phase is prejudicially ineffective assistance of counsel. |
Criminal Law and Procedure |
|
Jun. 3, 1999 | |
|
96-15784
|
Bankruptcy of Parker
Chapter 7 debtor wanting to retain secured property isn't limited to debt reaffirmation or redemption. |
Bankruptcy |
|
Jun. 3, 1999 | |
|
97-581
|
Pennsylvania Board of Probation and Parole v. Scott
Exclusionary rule doesn't apply to parole revocation hearings. |
Criminal Law and Procedure |
|
Jun. 3, 1999 | |
|
97-428
|
Air Line Pilots Association v. Miller
Agency fee objectors who haven't agreed to arbitration needn't exhaust arbitral remedy before suing union. |
Labor Law |
|
Jun. 3, 1999 | |
|
97-17298
|
Mahon v. Credit Bureau of Placer County Inc.
Although Fair Debt Collection Practices Act requires that notice of debt validation be sent to debtor, evidence of actual receipt isn't necessary. |
Business Law |
|
Jun. 3, 1999 | |
|
95-56352
|
U.S. v. Real Property Located at 25445 Via Dona Christa, Valencia, California
Prolonged and continuous drug dealing from family home can be sufficient to justify its forfeiture. |
Civil Procedure |
|
Jun. 3, 1999 | |
|
98-50172
|
U.S. v. Doe
Under special circumstances, failure to notify parents of juvenile's miranda rights while in custody constitutes 'harmless error.' |
Criminal Law and Procedure |
|
Jun. 3, 1999 | |
|
97-36101
|
Zimmerman v. State of Oregon Department of Justice
Public service provision of the Americans with Disabilities Act doesn't apply to employment discrimination. |
Employment Law |
|
Jun. 3, 1999 | |
|
97-17301
|
Vardanega v. Internal Revenue Service
Entire real property can be redeemed at foreclosure sale if internal revenue service has lien on it. |
Taxation |
|
Jun. 3, 1999 | |
|
97-35516
|
Nautilus Marine Inc. v. Niemela
Under Robins Dry Dock rule, maritime plaintiff may not recover economic loss as a result of damage to a third party. |
Maritime Law |
|
Jun. 3, 1999 | |
|
97-36006
|
Leisnoi Inc. v. United States of America
Where Government conveys land to Native village corporation, district court lacks initial subject matter jurisdiction to hear quiet title action. |
Real Property |
|
Jun. 3, 1999 | |
|
97-56375
|
Bankruptcy of DAK Industries Inc.
Finding that pre-conversion Chapter 11 debtor was not insolvent as a going concern is appropriate in preference action. |
Bankruptcy |
|
Jun. 3, 1999 | |
|
97-71387
|
Vongsakdy v. Immigration and Naturalization Service
Demonstration that alien suffered atrocious forms of persecution due to political opinion merits asylum for humanitarian reasons. |
Immigration |
|
Jun. 3, 1999 |
