| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
98-15025
|
Ficklin v. Hatcher
Despite court giving erroneous jury instructions, defendant can still be convicted if jury doesn't rely on faulty instructions. |
Criminal Law and Procedure |
|
Aug. 6, 1999 | |
|
98-15088
|
Mingtai Fire & Marine Insurance Co. v. United Parcel Service
Since Taiwan isn't bound by China's adherence to Warsaw Convention, suit for lost cargo from Taiwan to California is limited by contract. |
Contracts |
|
Aug. 6, 1999 | |
|
96-99020, 96-99025 and 96-99026
|
Lambright v. Stewart
Order |
|
Aug. 6, 1999 | ||
|
97-56169
|
Onossian v. Block
Police officers are insulated from constitutional attack for injuries caused while justifiably chasing criminal suspect. |
Civil Rights |
|
Aug. 6, 1999 | |
|
98-15768
|
Henry v. Kernan
Defendant's confession is involuntary and therefore inadmissible if it is result of psychologically coercive questioning and unheeded requests for counsel. |
Criminal Law and Procedure |
|
Aug. 6, 1999 | |
|
98-70253
|
NLRB v. General Teamsters Local No. 439
Union cannot discipline member for reporting co-worker's misconduct when member is required to do so by employer. |
Labor Law |
|
Aug. 6, 1999 | |
|
96-16323
|
Wakefield v. Thompson
Inmate's Eighth Amendment rights may be violated when state correctional officer fails to provide a supply of prescription medication on the prisoner's release from confinement. |
Prisoners Rights |
|
Aug. 6, 1999 | |
|
97-35688
|
Chaffin v. United States
Although government is immune from design decisions, tort liability can exist if it had superior knowledge of, but failed to reduce, risks. |
Government |
|
Aug. 6, 1999 | |
|
98-15060
|
Craft v. Campbell Soup Co.
Federal Arbitration Act's exclusionary provision doesn't apply to labor contracts within the Commerce Clause's scope. |
Labor Law |
|
Aug. 6, 1999 | |
|
97-55968 and 97-55997
|
Bankruptcy of Arden
Court must consider Bankruptcy Code's cap on damages for lease termination in determining claim compromise and plan confirmation issues. |
Bankruptcy |
|
Aug. 6, 1999 | |
|
98-15772
|
Spanner v. United Airlines Inc.
Airline cannot invoke limited liability for lost luggage under Warsaw Convention if baggage check given to passenger doesn't contain required information. |
Torts |
|
Aug. 6, 1999 | |
|
96-15267 and 96-15274
|
Snyder v. Freight Construction General Driver Warehousemen and Helpers
Union's executive board can use union funds to obtain attorney and file action against union official who has violated his fiduciary duties. |
Labor Law |
|
Aug. 6, 1999 | |
|
98-1034
|
Bankruptcy of Fraschilla
Intervening change in controlling legal authority allows bankruptcy court to deviate from appellate mandate. |
Bankruptcy |
|
Aug. 6, 1999 | |
|
98-1571
|
Bankruptcy of Dunbar
Debtor may be entitled to an injunction prohibiting revocation of a contractor license, but not the collection of contractor's bond. |
Bankruptcy |
|
Aug. 6, 1999 | |
|
98-1104
|
Spencer B. Batchelder, County Counsel, County of Calaveras
Veteran memorial district's facility requires supervisors and voters' approval prior to assessing a special tax to fund the project. |
Government |
|
Aug. 6, 1999 | |
|
98CA0126
|
J. Thomas Clark & Associates Inc. v. Trueman Aspen Co.
Exclusive use provision in lease does not preclude operation of similar business in shopping center. |
Real Property |
|
Aug. 6, 1999 | |
|
95-55806
|
California CNG Inc. v. Southern California Gas Co.
California utility's subsidy of natural-gas vehicle fueling stations isn't state action immune from federal scrutiny. |
Antitrust |
|
Aug. 6, 1999 | |
|
E015842
|
Estate of Huston
Annuity gift from estate's attorney to himself is void as outside his power of attorney. |
Probate and Trusts |
|
Aug. 6, 1999 | |
|
91-R-02993
|
State Bar v. Kirwan
Hearing judge can consider evidence on remand regarding attorney's moral qualifications for reinstatement to practice. |
Attorneys |
|
Aug. 6, 1999 | |
|
96-70337
|
Farhoud v. INS
Not receiving deportation hearing notice isn't exceptional circumstance excusing appearance failure, if statute requirements met. |
Immigration |
|
Aug. 6, 1999 | |
|
B126607
|
People v. Hannah
If defendant's sentence doesn't include parole, it's inappropriate to impose a restitution fine. |
Criminal Law and Procedure |
|
Aug. 5, 1999 | |
|
G021972
|
People v. Summers
When arrestee's roommate is missing, police can conduct warrantless search to ensure safety and seize sawed-off shotgun. |
Criminal Law and Procedure |
|
Aug. 5, 1999 | |
|
B122834
|
Marich v. QRZ Media Inc.
Videotape of police phone call informing parents their son has died of an overdose is prima facie evidence of invasion of privacy. |
Torts |
|
Aug. 5, 1999 | |
|
B125740
|
Mesa Forest Products Inc. v. St. Paul Mercury Insurance Co.
Where a judgment is more favorable than an offer to compromise, defendant's postoffer payments on debt should be considered by trial court. |
Contracts |
|
Aug. 5, 1999 | |
|
98-0222
|
Mason v. Cansino
Court has subject matter jurisdiction over forcible detainer action based upon deed from the Internal Revenue Service district director. |
Real Property |
|
Aug. 5, 1999 | |
|
F025257
|
Galland v. City of Clovis
Civil rights action is available in rent damages suit when city violates landlord's right to due process. |
Real Property |
|
Aug. 5, 1999 | |
|
S076784
|
Bramberg v. Jones
Proposition 225, instructing legislators to propose and support term limits amendment to U.S. Constitution, is unconstitutional. |
Constitutional Law |
|
Aug. 5, 1999 | |
|
G021972
|
People v. Summers
When arrestee's roommate is missing, police can conduct warrantless search to ensure safety and seize sawed-off shotgun. |
Criminal Law and Procedure |
|
Aug. 5, 1999 | |
|
98-0691
|
Walters v. Maricopa County
Administrative remedy for wrongful discharge is permissive, and doesnt preclude filing suit instead. |
Employment Law |
|
Aug. 5, 1999 | |
|
98-0623
|
Meineke v. GAB Business Services Inc.
Independent adjusting firm hired by insurer doesnt owe separate duty to insured. |
Insurance |
|
Aug. 5, 1999 |