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Name Category Published
Aguilera-Medina v. INS
Departure and return to United States by lawful temporary resident under agricultural workers program isn't 'entry.'
Immigration Jun. 7, 1999
U.S. v. Toothman
Defendant is permitted to withdraw guilty plea when sentenced to felony after pleading to misdemeanor.
Criminal Law and Procedure Jun. 7, 1999
Fireman's Fund Insurance Co. v. Cho Yang Shipping Co. Ltd.
No in rem proceedings in foreign courts doesn't bar enforcing forum-selection clause in overseas shipping contract.
Maritime Law Jun. 7, 1999
U.S. v. Terrence
Compact of Free Association doesn't immunize Palauans from prosecution for illegal U.S. reentry after deportation.
Criminal Law and Procedure Jun. 7, 1999
Dynamic Concepts Inc. v. Truck Insurance Exchange
Insurer isn't responsible for settlement where insured excluded insurer-appointed defense counsel from settlement negotiations.
Insurance Jun. 7, 1999
Professional Engineers in California Government v. Wilson
Use of funds from State Highway Account as reimbursement for rail bond payments is proper.
Government Jun. 7, 1999
Barrett v. Dawson
Amendment to statute declaring restrictive covenants void is applied retroactively.
Real Property Jun. 7, 1999
People v. Aguilar
Denial of motion to dismiss for violation of speedy trial right isn't appealable after guilty plea.
Criminal Law and Procedure Jun. 7, 1999
Wooden v. Raveling
Outrageous conduct isn't a component of non-bystander negligent infliction of emotional distress claim.
Torts Jun. 7, 1999
People v. Fields
Testimony regarding number on defendant's pager isn't impermissible hearsay evidence.
Criminal Law and Procedure Jun. 7, 1999
Trancas Property Owners Association v. City of Malibu
Development permit requiring project commencement by certain date, doesn't require actual construction to avoid permit's expiration.
Environmental Law Jun. 7, 1999
Lenane v. Continental Maritime of San Diego Inc.
Tort action under Labor Code isn't barred by Longshore and Harbor Workers' Compensation Act's remedy provision.
Workers' Compensation Jun. 7, 1999
Petrini v. Mohasco Corporation
Corporation is successor in interest to company liable for asbestos-related death.
Torts Jun. 7, 1999
Cooper v. Mountains Recreation and Conservation Authority (Canyon Oaks Estates)
Joint public entity doesn't exceed its power under joint powers agreement.
Government Jun. 7, 1999
City of Hawaiian Gardens v. City of Long Beach
City cannot close street at border with another city when significant negative impact may result.
Government Jun. 7, 1999
U.S. v. United States Shoe Corp.
Ad valorem Harbor Maintenance Tax violates export clause as applied to exports.
Taxation Jun. 7, 1999
Fuller v. Bethany Apostolic Church
Negligent and intentional spoliation of evidence claims are dismissed for not filing within statute of limitations.
Torts Jun. 7, 1999
Leon v. Family Fitness Center (#107) Inc.
Purported release isn't sufficiently copious nor unambiguous to insulate fitness company from liability for patron's injuries.
Torts Jun. 7, 1999
People v. Haynes
Evidence supports finding defendant aided and abetted robbery occurring in two incidents of continuing nature.
Criminal Law and Procedure Jun. 7, 1999
Burbank-Glendale-Pasadena Airport Authority v. City of Burbank
Joint powers agency created under state law lacks standing to assert federal pre-emption of state statute.
Government Jun. 7, 1999
Rodney F. v. Karen M.
Presumption that cohabiting husband is father of child doesn't violate biological father's due process rights.
Family Law Jun. 7, 1999
People v. Brodit
Admission of child abuse victim's hearsay statements pursuant to statute doesn't violate due process.
Criminal Law and Procedure Jun. 7, 1999
Monreal v. Tobin
Driver traveling at posted speed isn't comparatively liable for accident caused by speeding vehicle.
Torts Jun. 7, 1999
Image Technical Service Inc. v. Eastman Kodak Co.
Antitrust violator isn't required to pay fees to plaintiff for law firm that is disqualified.
Antitrust Jun. 7, 1999
Byrd v. Guess
In civil rights action, survivors of person killed by police must show representative capacity in complaint.
Civil Rights Jun. 7, 1999
Gulliford v. Pierce County
Legally correct proposed jury instruction can serve as objection for purpose of appeal.
Civil Procedure Jun. 7, 1999
U.S. v. Moore
Conviction based on conduct not illegal when defendant was arrested constitutes plain error
Criminal Law and Procedure Jun. 7, 1999
Ordonez v. INS
In suspension of deportation application, evidence that alien faces certain death in homeland must be considered.
Immigration Jun. 7, 1999
U.S. v. Shannon
'Deliberate ignorance' jury instruction is appropriate if evidence shows defendant's actual knowledge letter contained threat.
Criminal Law and Procedure Jun. 7, 1999
Rohde v. City of Roseburg
Police report that vehicle is stolen supports probable cause to arrest driver but not passenger.
Civil Rights Jun. 7, 1999