| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
S079460
|
Safeco Insurance Company of America v. Superior Court (McKinney)
Order |
|
Aug. 1, 1999 | ||
|
MSB 99-1
|
Appointment of State Bar Court Judges
Order |
|
Aug. 1, 1999 | ||
|
96-35095
|
Simmons v. Blodgett
No federal habeas relief if factual issue regarding constitutional trial error stands in virtual equipoise. |
Criminal Law and Procedure |
|
Jul. 30, 1999 | |
|
95-16626
|
Mayfield v. Dalton
Separation from active duty moots servicemen's challenge to blood and tissue collection program for DNA analysis. |
Government |
|
Jul. 30, 1999 | |
|
95-35996
|
Friends of the Coast Fork v. U.S. Dept. of the Interior
Denial of waiver of duplication fees isn't supported by endangered species listings in public reading rooms. |
Environmental Law |
|
Jul. 30, 1999 | |
|
96-10174
|
U.S. v. Collins
No prejudice inference from pretrial publicity if small percentage of venire panel has fixed guilt opinion. |
Criminal Law and Procedure |
|
Jul. 30, 1999 | |
|
96-10226
|
U.S. v. Williams
Attempted kidnapping is crime of violence for career offender status. |
Criminal Law and Procedure |
|
Jul. 30, 1999 | |
|
96-55619
|
Dr. Seuss Enterprises L.P. v. Penguin Books USA Inc.
Publisher is preliminarily enjoined from using Cat-in-the-Hat to mimic O.J. Simpson trial in 'parody' book. |
Intellectual Property |
|
Jul. 30, 1999 | |
|
95-17402
|
Terran v. Kaplan
Letter to debtor requesting call to collection agency doesn't violate Fair Debt Collections Practices Act. |
Contracts |
|
Jul. 30, 1999 | |
|
95-36021
|
Aqua-Marine Constructors Inc. v. Banks
Federal law doesn't pre-empt state law requiring vessel charterer's unauthorized foreign surety to post litigation bond. |
Maritime Law |
|
Jul. 30, 1999 | |
|
A070505
|
Vorse v. Sarasy
Court cannot strike testimony pursuant to Evidence Code simply because it believes witness is lying. |
Civil Procedure |
|
Jul. 30, 1999 | |
|
G019309
|
Professional Collection Consultants v. Hanada
Statute of limitations governing FDIC's contract actions apply to its assignees. |
Banking |
|
Jul. 30, 1999 | |
|
F025174
|
Newman v. Burnett
Minor's notice of intent served during final 90 days of three-year limitations period tolls statute. |
Torts |
|
Jul. 30, 1999 | |
|
B096214
|
State Farm Mutual Automobile Insurance Co. v. DMV
Motor Vehicles Department cannot refuse release of registration information relevant to insurance company's investigation. |
Administrative Agencies |
|
Jul. 30, 1999 | |
|
A073656
|
Thomas v. City of East Palo Alto
Tax levied only on property owners is unconstitutional if not apportioned according to value. |
Taxation |
|
Jul. 30, 1999 | |
|
96-16273
|
International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of AFL-CIO v. Silver State Disposal Service Inc.
Arbitrator in grievance process isn't barred from amending incomplete decision to award back pay. |
Labor Law |
|
Jul. 30, 1999 | |
|
B108338
|
Davlar Corp. v. Superior Court (Wm. H. McGee & Co. Inc.)
Subrogation waiver applies to contract between contractor and subcontractor's by incorporation of contract with owner. |
Contracts |
|
Jul. 30, 1999 | |
|
B108546
|
Glenfed Development Corp. v. Superior Court (National Union Fire Insurance Co. of Pittsburgh, PA.)
Discovery of insurance company's claims manual in coverage dispute doesn't depend on its admissibility at trial. |
Civil Procedure |
|
Jul. 30, 1999 | |
|
B109020
|
Ash v. Hertz Corp.
Municipal court denial of motion to transfer to superior court is only appealable after final judgment. |
Civil Procedure |
|
Jul. 30, 1999 | |
|
E016605
|
Greening v. Johnson
Mobilehome Residency Law doesn't authorize park owner to charge residents for unwanted cable television system. |
Real Property |
|
Jul. 30, 1999 | |
|
H015837
|
People v. Burns
Defendant must complete diversion program five years before new arrest for second diversion eligibility. |
Criminal Law and Procedure |
|
Jul. 30, 1999 | |
|
93-56675, 93-56676 and 94-56695 93-56675, 93-566
|
State of Florida ex rel. Butterworth v. Exxon Corp.
Reasonableness of hours and rates are considered in common fund cases fee awards after lodestar overcompensation. |
Attorneys |
|
Jul. 30, 1999 | |
|
94-10545
|
U.S. v. James
Overturning robbery counts for insufficient evidence isn't double jeopardy to remaining count resulting in mistrial. |
Criminal Law and Procedure |
|
Jul. 30, 1999 | |
|
95-16951
|
Smith v. Salt River Project Agricultural Improvement and Power District
Land-reclamation project with state subdivision status is subject to Voting Rights Act antidiscrimination provisions. |
Government |
|
Jul. 30, 1999 | |
|
96-15590
|
Roe v. City and County of San Francisco
Prosecutor enjoys absolute immunity from liability for decision not to prosecute police officer's cases. |
Civil Rights |
|
Jul. 30, 1999 | |
|
96-50066
|
U.S. v. Chiu
Government doesn't breach promise by using defendant's statements made in proffer session to prepare witnesses. |
Criminal Law and Procedure |
|
Jul. 30, 1999 | |
|
93-16089
|
Indian Oasis-Baboquivari Unified School District No. 40OF v. Kirk
Order dismissing plaintiff's claim without prejudice bars appeal of order dismissing co-plaintiff's claim with prejudice. |
Civil Procedure |
|
Jul. 30, 1999 | |
|
B099548
|
Marriage of Drake
Mother's action against ex-husband to modify child support order does not abate with her death. |
Family Law |
|
Jul. 30, 1999 | |
|
S079048
|
Wiseman Management Co. v. Rastian
Order |
|
Jul. 30, 1999 | ||
|
S079436
|
Schindler Elevator Corp. v. City and Countyof San Francisco
Order |
|
Jul. 30, 1999 |