| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
98-0172
|
Welker v. Yogerst
Pre-judgment interest does not accrue from the date offer of judgment is accepted on unliquidated claim. |
Torts |
|
Aug. 5, 1999 | |
|
98-1664
|
A.P. Esteve Sales Inc. v. Manning (In re Manning)
Debtor in foreign bankruptcy proceeding entitled to injunctive relief preventing the continuation of any action against debtor or any of its property. |
Bankruptcy |
|
Aug. 5, 1999 | |
|
99-1072
|
Rowe v. Jackman (In re Rowe)
Joint debtors, living apart, may only claim one homestead exemption under Nevada law. |
Bankruptcy |
|
Aug. 5, 1999 | |
|
98-55133
|
Alvarez v. Gomez
Repeated inquiries into the availability of counsel is sufficient to invoke Miranda v. Arizona right to counsel. |
Criminal Law and Procedure |
|
Aug. 5, 1999 | |
|
98-70658
|
Soueiti v. INS
Guilty plea to fraud for under $10,000 supports removal for aggravated felony conviction when the overall scheme causes loss of more than $10,000. |
Immigration |
|
Aug. 5, 1999 | |
|
93-55392
|
Jacobson v. Clarifying the Hughes Aircraft Co.
Applying correct standard, former employee's raise cognizable claims regarding employer's administration of ERISA plan. |
Labor Law |
|
Aug. 5, 1999 | |
|
C021146
|
Zubrick v. Ford
Statute violation creates presumption of duty of care that isn't pre-empted by assumption of risk. |
Torts |
|
Aug. 5, 1999 | |
|
S074819
|
Davis v. Wood-Mizer Products Inc.
Rehearing denied |
|
Aug. 5, 1999 | ||
|
98-0607
|
La Paz County v. Upton
Member of county board of supervisors can be reimbursed for travel expenses incurred while performing special duties. |
Government |
|
Aug. 5, 1999 | |
|
F023081
|
Bank of America National Trust & Savings Assn. v. Yurosek
'This motion is dropped' means court deletes it from calendar and not dismissal with prejudice. |
Civil Procedure |
|
Aug. 5, 1999 | |
|
96-35163
|
State of Washington v. East Columbia Basin Irrigation District
Despite project's low control costs, Flood Control Act immunity applies in Federal Tort Claims Act action. |
Torts |
|
Aug. 5, 1999 | |
|
S051441
|
Randi W. v. Muroc Joint Unified School District
Former employer can be liable for recommendation's affirmative misrepresentations presenting foreseeable risk to prospective employer. |
Torts |
|
Aug. 5, 1999 | |
|
E016630
|
People v. Peck
Defendant's defense of free exercise of religion to possession of marijuana charge is rejected. |
Criminal Law and Procedure |
|
Aug. 5, 1999 | |
|
A071025
|
People v. Falck
Stalking statute isn't unconstitutionally vague or overbroad and substantial evidence supports conviction. |
Criminal Law and Procedure |
|
Aug. 5, 1999 | |
|
B098452
|
People v. Ramos
First degree burglary is reduced to second degree if inhabitant is dead before defendant enters. |
Criminal Law and Procedure |
|
Aug. 5, 1999 | |
|
A071462 and A072653
|
Muething v. Franchise Tax Board
Company's sold stock doesn't qualify as 'small business stock' and gain is taxed as preference income. |
Taxation |
|
Aug. 5, 1999 | |
|
A073467
|
Wilson v. Safeway Stores Inc.
Fees and costs are included in determining if tort judgment is greater than settlement offer. |
Civil Procedure |
|
Aug. 5, 1999 | |
|
C021900
|
Huens v. Tatum
Relief from dismissal provision does not apply after voluntary dismissal pursuant to settlement agreement. |
Civil Procedure |
|
Aug. 5, 1999 | |
|
94-16772 and 95-15672
|
Helfand v. Gerson
Decedent's beneficiary cannot take contrary positions regarding gift in federal action and state probate proceeding. |
Probate and Trusts |
|
Aug. 5, 1999 | |
|
F025716
|
David D., a Minor
Juvenile's 34 instances of misdemeanor defacing property cannot be aggregated into felony conviction. |
Juveniles |
|
Aug. 5, 1999 | |
|
94-50216
|
U.S. v. Angotti
Bank officials' location determines proper venue district for crime of making false statements to bank. |
Criminal Law and Procedure |
|
Aug. 5, 1999 | |
|
95-17297
|
Leorna v. U.S. Dept. of State
Exhaustion requirement's futility exception is inapplicable absent employment applicant's compliance with federal agency's procedures. |
Labor Law |
|
Aug. 5, 1999 | |
|
95-30371
|
U.S. v. Miller
State law restoration of rights isn't bar to felon status for federal firearm possession prosecution. |
Criminal Law and Procedure |
|
Aug. 5, 1999 | |
|
D022106
|
LiMandri v. Judkins
Absent duty of care evidence there cannot be interference with prospective business advantage. |
Torts |
|
Aug. 5, 1999 | |
|
G019615
|
Elizabeth M., a Minor
Parental rights are terminated despite mother's contention relationship with daughter would be beneficial. |
Juveniles |
|
Aug. 5, 1999 | |
|
S031247
|
In re Visciotti
No relief from death penalty if claim of ineffective assistance of counsel fails to show prejudice. |
Criminal Law and Procedure |
|
Aug. 5, 1999 | |
|
S057813
|
Davis v. K G O T.V., Inc.
Recovery of expert witness fees is not authorized as element of costs. |
Civil Procedure |
|
Aug. 5, 1999 | |
|
S057387
|
State Farm Fire and Casualty Co. v. Workers' Compensation Appeals Board
Review granted |
|
Aug. 5, 1999 | ||
|
S057616
|
People v. Mays
Review granted |
|
Aug. 5, 1999 | ||
|
S057090
|
People v. Barriga
Court Can Reject Agreement WhichViolates Felony Plea Statute EvenAfter Plea Has Been Accepted. |
Criminal Law and Procedure |
|
Aug. 5, 1999 |