| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
96-36258
|
Kottle v. Northwest Kidney Centers
Complaint doesn't meet heightened pleading standard required by judicial sham exception to Noerr-Pennington doctrine. |
Antitrust |
|
Apr. 12, 1999 | |
|
97-16080
|
Mularkey v. Holsum Bakery Inc.
Under Section 1 of Sherman Act, distributor must show manufacturer and other distributors agreed to fix prices. |
Antitrust |
|
Apr. 12, 1999 | |
|
S060909
|
People v. Tillis
Evidence doesn't support contention that government violated discovery statute by failing to list possible rebuttal witness. |
Criminal Law and Procedure |
|
Apr. 12, 1999 | |
|
97-35010
|
International Assn. of Independent Tanker Owners v. Locke
Federal law pre-empts state requirements for tanker navigation equipment but not other spill prevention measures. |
Maritime Law |
|
Apr. 12, 1999 | |
|
S019786
|
People v. Bolin
Counsel doesn't render ineffective assistance in capital case by failing to renew venue motion after voir dire. |
Criminal Law and Procedure |
|
Apr. 12, 1999 | |
|
97-35536
|
Washington Physicians Service Assn. v. Gregoire
Employee Retirement Income Security Act doesn't pre-empt law requiring health insurers to cover alternative treatments. |
Insurance |
|
Apr. 12, 1999 | |
|
96-O-01784
|
Rodriguez v. State Bar
Incomplete record of proceeding before hearing judge doesn't permit independent review of discipline recommendation. |
Attorneys |
|
Apr. 12, 1999 | |
|
S069732
|
People v. Bautista
Evidence of controlled substance use within specific time period preceding arrest isn't required in jury instruction. |
Criminal Law and Procedure |
|
Apr. 12, 1999 | |
|
A074676
|
North Oakland Medical Clinic v. Rogers
Requests for prejudgment interest must be made prior to judgment and filed within time to file for new trial. |
Civil Procedure |
|
Apr. 12, 1999 | |
|
B112663
|
Robison v. Six Flags Theme Parks Inc.
Lack of prior similar incidents doesn't negate landowner's duty to take reasonable precautions. |
Torts |
|
Apr. 12, 1999 | |
|
B109989
|
Schaefer/Karpf Productions v. CNA Insurance Cos.
Claims arising from defective videotapes don't allege 'property damage' within meaning of liability insurance policies. |
Insurance |
|
Apr. 12, 1999 | |
|
B106142
|
Minors L., Minors
Father is entitled to notice and hearing before juvenile court's jurisdiction is terminated. |
Juveniles |
|
Apr. 12, 1999 | |
|
96-8422
|
Bryan v. United States
Defendant 'willfully' violates firearms laws if he knows conduct is unlawful but is unaware of specific statute. |
Criminal Law and Procedure |
|
Apr. 12, 1999 | |
|
C026761 and C027026
|
Molen v. Friedman
Well pleaded complaint doctrine doesn't apply to collateral attack upon complaint. |
Civil Procedure |
|
Apr. 12, 1999 | |
|
96-1578
|
Phillips v. Washington Legal Foundation
Interest on attorney trust accounts is private property of clients for purposes of takings clause. |
Constitutional Law |
|
Apr. 12, 1999 | |
|
97-7541
|
Mitchell v. United States
Certiorari granted |
|
Apr. 12, 1999 | ||
|
97-1489
|
Your Home Visiting Nurse SVC v. Shalala, Sec., H&HS
Certiorari granted |
|
Apr. 12, 1999 | ||
|
97-1209
|
Lockheed Aeronautical Sys. v. Gray
Order |
|
Apr. 12, 1999 | ||
|
97-7931
|
Coleman v. Minnesota
Order |
|
Apr. 12, 1999 | ||
|
94-16414
|
Graham v. The Balcor Co.
ERISA doesn't pre-empt state claims arising from agreement to provide specified benefits to one employee. |
Labor Law |
|
Apr. 12, 1999 | |
|
B110574
|
People v. Lucero
Hearsay statements in robbery trial are harmless and officer's lay opinion regarding shoe print is admissible. |
Criminal Law and Procedure |
|
Apr. 12, 1999 | |
|
B108792 and B110750
|
Kessel v. Leavitt
West Virginia judgment for wrongful interference with parental rights is entitled to full faith and credit. |
Family Law |
|
Apr. 12, 1999 | |
|
F024660
|
Wilmot v. Commission on Professional Competence (Kern High School District)
Teacher and district may stipulate to extend 60-day deadline for hearing before Commission on Professional Competence. |
Education |
|
Apr. 12, 1999 | |
|
B110878
|
Aaris v. Las Virgenes Unified School District
Doctrine of primary assumption of risk bars cheerleader's bodily injury claim against school district. |
Torts |
|
Apr. 12, 1999 | |
|
B115397
|
People v. Lopez
Victim's preliminary hearing testimony properly admitted after reasonable diligence used to locate her for trial. |
Criminal Law and Procedure |
|
Apr. 12, 1999 | |
|
97-3030
|
Kane v. Capital Guardian Trust Co.
Trust company isn't liable for liquidating Individual Retirement Account to pay tax levy against taxpayer. |
Taxation |
|
Apr. 12, 1999 | |
|
B113309
|
People v. Hong
Clerks must record restitution fines on abstracts of judgment. |
Criminal Law and Procedure |
|
Apr. 12, 1999 | |
|
D027338
|
Rainbow Disposal Co. v. Mobilehome Park Rental Review Board (City of Escondido)
Mobilehome park rent review board's rent increase order is supported by substantial evidence. |
Real Property |
|
Apr. 12, 1999 | |
|
97-35551
|
US West Inc. v. Nelson
Johnson Act bars utility's federal action challenging constitutionality of state regulator's rate-setting policy. |
Administrative Agencies |
|
Apr. 12, 1999 | |
|
A080474
|
Stafford v. Mach
Insurer isn't entitled to relief from default judgment against insured after failing to exercise diligence. |
Insurance |
|
Apr. 12, 1999 |
