| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
95-55173
|
Papike v. Tambrands Inc.
State failure-to-warn claim for tampon use injuries is pre-empted by Food, Drug, and Cosmetics Act. |
Torts |
|
Jul. 25, 1999 | |
|
95-56365
|
Snell v. Bell Helicopter Textron Inc.
Manufacturer's design control and placement of aircraft component allegedly causing accident precludes 'military contractor' defense. |
Torts |
|
Jul. 25, 1999 | |
|
95-70346
|
Hadsell v. IRS
Indigent prisoner is entitled to tax court assistance in obtaining documents to establish tax liability defense. |
Taxation |
|
Jul. 25, 1999 | |
|
94-70565
|
Calderon v. U.S. District Court (Gordon)
State cannot challenge capital habeas corpus petitioner's request under Anti-Drug Abuse Act for investigation funds. |
Criminal Law and Procedure |
|
Jul. 25, 1999 | |
|
B087835
|
Wolitarsky v. Blue Cross of California
Discrimination claim under civil rights act providing independent right of action is still arbitrable. |
Contracts |
|
Jul. 25, 1999 | |
|
B097326
|
Recorded Picture Co. Ltd. v. Nelson Entertainment Inc.
Subdistributor of video is obligated under contract with distributor, not distributor's contract with movie producers. |
Contracts |
|
Jul. 25, 1999 | |
|
95-35247
|
Everson v. United States
Taxpayer cannot depreciate nor receive tax credits for trees planted to prevent farm's soil erosion. |
Taxation |
|
Jul. 25, 1999 | |
|
95-56642
|
Torres v. City of Santa Ana
Notice to appear doesn't toll limitations period for filing complaint alleging arrest using excessive force. |
Civil Rights |
|
Jul. 25, 1999 | |
|
94-10507
|
U.S. v. Morales
Expert witness' opinion on predicate matter allows jury to infer whether defendant had required mens rea. |
Criminal Law and Procedure |
|
Jul. 25, 1999 | |
|
95-50308
|
U.S. v. Eshkol
Government's addition of charge after learning of defense theory does not implicate due process concerns. |
Criminal Law and Procedure |
|
Jul. 25, 1999 | |
|
95-55536
|
Bankruptcy of Kennedy
Bankruptcy court can enter monetary judgment on state law claim while making dischargeability determination. |
Bankruptcy |
|
Jul. 25, 1999 | |
|
95-56290
|
Gilligan v. Jamco Development Corp.
Pleadings in housing discrimination suit need not allege each element of prima facie case. |
Civil Rights |
|
Jul. 25, 1999 | |
|
94-17085
|
Budget Rent-A-Car v. Crawford
Despite no pending state litigation, district court must determine state-court remedies before exercising jurisdiction. |
Civil Procedure |
|
Jul. 25, 1999 | |
|
95-16120
|
Magana v. Commonwealth of the Northern Mariana Islands
Public employee cannot sue Mariana Islands Commonwealth for money damages absent legislative cause of action. |
Employment Law |
|
Jul. 25, 1999 | |
|
95-16850
|
Gutowsky v. County of Placer
Termination date starts statute of limitations running on claim against government for gender discrimination policy. |
Employment Law |
|
Jul. 25, 1999 | |
|
95-35151
|
Alaska Wildlife Alliance v. Jensen
Commercial fishing is barred in national park's designated wilderness areas, but not in non-wilderness areas. |
Environmental Law |
|
Jul. 25, 1999 | |
|
95-50309
|
U.S. v. Rutgard
No money laundering conviction if money withdrawn from account retaining all of fraudulently-derived funds. |
Criminal Law and Procedure |
|
Jul. 25, 1999 | |
|
95-55747
|
Richards v. Lloyd's of London
Requiring English courts to apply English law to Lloyd's of London contracts with Americans is void. |
Securities |
|
Jul. 25, 1999 | |
|
95-56725
|
Blueford v. Prunty
Prison employee is qualifiedly immune from inmate's same-sex harassment claim. |
Prisoners Rights |
|
Jul. 25, 1999 | |
|
95-16919
|
Maricopa Audubon Society v. U.S. Forest Service
Freedom of Information Act precludes courts from denying valid requests for information on equitable grounds. |
Government |
|
Jul. 25, 1999 | |
|
S044184
|
People v. Gardeley
Defendant's prior offenses don't have to be gang related to satisfy statutory enhancements for gang activity. |
Criminal Law and Procedure |
|
Jul. 25, 1999 | |
|
S058443
|
Transport Insurance Co. v. Insurance Co. of North America
When premises owner has 'fronting policy', vehicle policy is primary for loss from loading or unloading. |
Insurance |
|
Jul. 25, 1999 | |
|
S057811
|
Duran v. Superior Court (People)
Defendant is entitled to hearing on request for juror's personal information based on possible juror misconduct. |
Criminal Law and Procedure |
|
Jul. 25, 1999 | |
|
S057834
|
People v. Jefferson
Three strikes law is inapposite to defendant with one strike and term for current offense is indeterminate. |
Criminal Law and Procedure |
|
Jul. 25, 1999 | |
|
94-15994
|
Roy v. Gomez
Order |
|
Jul. 25, 1999 | ||
|
90-O-15007
|
Respondent X v. State Bar
Unusual circumstances surrounding attorney's willful violation of confidentiality order warrants private reproval. |
Attorneys |
|
Jul. 25, 1999 | |
|
94-O-12212
|
Johnston v. State Bar
60-day period of actual suspension is appropriate for attorney's failure to perform competently. |
Attorneys |
|
Jul. 25, 1999 | |
|
95-17107
|
Maricopa Audubon Society v. U.S. Forest Service
Report commissioned for agency's advice regarding allegations is exempt from Freedom of Information Act disclosure. |
Government |
|
Jul. 25, 1999 | |
|
S078901
|
People v. Harnden
Order |
|
Jul. 23, 1999 | ||
|
98-4113
|
U.S. v. Orendain
Order |
Criminal Law and Procedure |
|
Jul. 23, 1999 |