| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
96-17057
|
C.N.R. Atkin v. Smith
Vessel owner's misrepresentation of crewmember's criminal history to insurer allows rescission of policy. |
Insurance |
|
Jun. 7, 1999 | |
|
96-30162 and 96-30278
|
U.S. v. Fisher
Defendant doesn't fail to appear when new appearance date set in his absence before original date. |
Criminal Law and Procedure |
|
Jun. 7, 1999 | |
|
96-56118
|
Brown v. Myers
Defense counsel's failure to investigate, locate, and produce corroborating alibi witness is ineffective assistance of counsel. |
Criminal Law and Procedure |
|
Jun. 7, 1999 | |
|
S053261
|
Peterson v. Owens-Corning Fiberglas Corp.
Cause of action for latent disease accrues when plaintiff is actually injured, not when exposure occur. |
Torts |
|
Jun. 7, 1999 | |
|
97-55400
|
Lake Mohave Boat Owners Association v. National Park Service
Interior Secretary's failure to consider water pollution levels when setting marina's boat docking rates isn't arbitrary. |
Environmental Law |
|
Jun. 7, 1999 | |
|
96-16729
|
Monterey Mechanical Co. v. Wilson
Order |
|
Jun. 7, 1999 | ||
|
96-36024
|
Picray v. Sealock
Police have probable cause to arrest voter attempting to enter polling area wearing political buttons. |
Civil Rights |
|
Jun. 7, 1999 | |
|
96-55193
|
Clarey v. Gregg
Extradition to Mexico for simple homicide doesn't violate dual criminality since act analogous to felony murder. |
Criminal Law and Procedure |
|
Jun. 7, 1999 | |
|
97-15308
|
State of California v. Campbell
State court-appointed receiver isn't entitled to immunity when sued in its representative capacity. |
Government |
|
Jun. 7, 1999 | |
|
B102700
|
Meller & Snyder v. R & T Properties Inc.
Alleged joint debtor has due process right to contest merits of liability claim. |
Civil Procedure |
|
Jun. 7, 1999 | |
|
97-17411
|
Bankruptcy of Watson
Self-employed and sole participant in retirement plan cannot exempt plan from estate assets. |
Bankruptcy |
|
Jun. 7, 1999 | |
|
96-70843
|
Transbay Container Terminal v. U.S. Dept. of Benefits Review Board
Medical records showing risk factors for fatal disability don't make employee's condition 'manifest' to employer. |
Workers' Compensation |
|
Jun. 7, 1999 | |
|
97-1374
|
Clinton v. New York City
Order |
|
Jun. 7, 1999 | ||
|
97-1742
|
Bankruptcy of Harvey
Trustee may avoid unrecorded property interest based on disclosure in bankruptcy schedules. |
Bankruptcy |
|
Jun. 7, 1999 | |
|
C023943 and C024449
|
People v. Gontiz
Defendant is permitted to withdraw guilty plea if not properly advised of all possible immigration consequences. |
Criminal Law and Procedure |
|
Jun. 7, 1999 | |
|
S054688
|
Polensky v. Kyocera International, Inc.
Employer's parent company is properly held jointly and severally liable for employee's injuries. |
Torts |
|
Jun. 7, 1999 | |
|
S054501
|
Aerojet-General Corporation v. Transport Indemnity Co.
Erroneous jury instructions requires redetermination of whether site investigation costs are reimbursable defense costs. |
Insurance |
|
Jun. 7, 1999 | |
|
96-15734
|
Fireman's Fund Insurance Co. v. Cho Young Shipping Co.
No in rem proceedings in foreign courts doesn't bar enforcing forum-selection clause in overseas shipping contract. |
Maritime Law |
|
Jun. 7, 1999 | |
|
S054501
|
Aerojet-General Corporation v. Transport Indemnity Co.
Site investigation expenses can constitute defense costs insurer must incur in fulfilling duty to defend. |
Insurance |
|
Jun. 7, 1999 | |
|
97-55109
|
Totten v. Merkle
Defense counsel isn't ineffective for not mounting mental-state defense where evidence shows defendant planned murder. |
Criminal Law and Procedure |
|
Jun. 6, 1999 | |
|
96-1654
|
Muscarello v. U.S.
Certiorari granted |
|
Jun. 6, 1999 | ||
|
97-454
|
U.S. v. CPC INTL., INC., ET AL.
Certiorari granted |
|
Jun. 6, 1999 | ||
|
97-679
|
AT&T v. Central Office Telephone
Certiorari granted |
|
Jun. 6, 1999 | ||
|
96-1299
|
Herman v. S.A. Healy Co.
Order |
|
Jun. 6, 1999 | ||
|
96-1602
|
Roberts v. Kling
Order |
|
Jun. 6, 1999 | ||
|
B103392
|
People v. Noriega
Failure to properly advise of the risks and dangers of self-representation results in prejudicial error. |
Criminal Law and Procedure |
|
Jun. 6, 1999 | |
|
C021772
|
Fluharty v. Fluharty
No recovery for son who suffered emotional distress by watching his father's attempted suicide. |
Torts |
|
Jun. 6, 1999 | |
|
S065502
|
Zeiger v. State of California
Subcontractor employee's receipt of workers' compensation benefits doesn't preclude negligence claims against owner or general contractor. |
Torts |
|
Jun. 6, 1999 | |
|
D026069
|
Feurzeig v. Insurance Co. of the West
Undefined policy term, 'lessor's risk only,' doesn't allow insurer to deny duty to defend slander action. |
Insurance |
|
Jun. 6, 1999 | |
|
B091493
|
The Alliance of Small Emitters/Metals Industry v. South Coast Air Quality Management District
Law requires estimates of socioeconomic effects only to extent data is available. |
Environmental Law |
|
Jun. 6, 1999 |