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Windham v. Merkle
State's failure to raise defense to charge of discriminatory juror challenges allows defendant to show prejudice.
Criminal Law and Procedure Feb. 26, 1999
Bankruptcy of S. S. Retail Stores Corp.
Appellate court has no jurisdiction over non-final order approving employment of debtor's counsel.
Bankruptcy Feb. 26, 1999
Miller v. United States
Federal Tort Claims Act's discretionary exception applies when private property is injured due to resource allocation.
Government Feb. 26, 1999
Taylor Construction Inc. v. ABT Service Corp.
Federal statute, required for federal projects, requires surety to pay entire amount due when contractor defaults.
Government Feb. 26, 1999
Evanow v. M/V Neptune
Under marine salvage contract, liability of non-settling parties is reduced by the amount paid by co-obligators.
Maritime Law Feb. 26, 1999
Dept. of Health and Human Services v. Chater
Juveniles committed to private group homes aren't eligible for supplemental security income.
Administrative Agencies Feb. 26, 1999
City of Atascadero v. Merrill Lynch
Third parties actively participating in trust management can be sued by beneficiaries.
Probate and Trusts Feb. 26, 1999
Estevanovich v. The City of Riverside
City ordinance restricting poolroom hours of operation is arbitrary and facially unconstitutional.
Constitutional Law Feb. 26, 1999
Moore v. Liu
Dismissing Strategic Lawsuit Against Public Participation case, before motion to strike hearing, doesn't prevent attorney fee award.
Civil Procedure Feb. 26, 1999
U.S. v. Bishop
Order
Criminal Law and Procedure Feb. 26, 1999
Doctor's Medical Laboratory Inc. v. Connell
Department of Health Services can't delegate auditing function for Medicaid payments to State Controller.
Administrative Agencies Feb. 26, 1999
Swanger v. Beebe
Order
Civil Procedure Feb. 26, 1999
Blackburn v. Department of Corrections
Order
Civil Rights Feb. 26, 1999
Antwine v. Apfel
Order
Administrative Agencies Feb. 26, 1999
Sinor v. Lemaster
Order
Criminal Law and Procedure Feb. 26, 1999
In re Raskin Resources Inc.
Order
Bankruptcy Feb. 26, 1999
Johnson v. E.A. Miller Inc.
Order
Civil Rights Feb. 26, 1999
People v. Sargent
Conviction for child abuse involving infliction of pain and mental suffering doesn't require criminal negligence.
Criminal Law and Procedure Feb. 26, 1999
Hall v. Harker
Fair and impartial trial impossible where trial judge is obviously biased against attorneys.
Attorneys Feb. 26, 1999
Countrywide Home Loans Inc. v. Superior Court (HP Lemona II)
In alleged scheme to defraud involving multiple wrongdoers, plaintiff may choose which tortfeasor to sue.
Civil Procedure Feb. 26, 1999
People v. Romero
Expert testimony about street violence in Hispanic culture is irrelevant to charge of murder escalating from 'road rage.'
Criminal Law and Procedure Feb. 26, 1999
Honsickle v. Superior Court (Wysocki)
No 'attempt to purchase' exception to statute prohibiting recovery of non-economic damage by uninsured motorists.
Insurance Feb. 26, 1999
Moore v. Liu
Dismissing Strategic Lawsuit Against Public Participation case, before motion to strike hearing, doesn't prevent attorney fee award.
Civil Procedure Feb. 26, 1999
Marriage of Schaffer
For spousal support modification, there's no abuse of discretion in considering long history of spouse's actions.
Family Law Feb. 26, 1999
Jackson v. City of Los Angeles
Once disciplinary proceedings are initiated, Police Department Board of Rights is sole forum.
Government Feb. 26, 1999
County of Sacramento v. Workers' Compensation Appeals Board
No penalty for unreasonable delay in payment of benefits where eight days late due to clerical error.
Workers' Compensation Feb. 26, 1999
Westside Hospital v. Belshe
Agency's 'final decision' is issued when adopted, not when mailed.
Civil Procedure Feb. 26, 1999
National Union Fire Insurance Co. of Pittsburgh, PA. v. Nationwide Insurance Co.
When general contractor is solely at fault for injury, subcontractor and its liability insurer need not indemnify.
Torts Feb. 26, 1999
People v. Miller
Exigent circumstances for search exist where police return lost boy to home, find door ajar, and give knock-notice.
Criminal Law and Procedure Feb. 26, 1999
Lawson v. Management Activities Inc.
Airlines have no duty to bystanders who experience emotional distress after witnessing plane crash.
Torts Feb. 26, 1999