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Small Business Administration v. Bensal
Debtor's disclaimer of inheritance is voidable transfer despite California law establishing otherwise, as Federal Debt Collection Procedures Act's definition of fraudulent transfer trumps state law.
Statutory Interpretation Apr. 5, 2017
Fox Television Stations v. Aereokiller
Internet-based retransmission services not eligible for compulsory licenses to rebroadcast copyrighted work, as they are not 'cable systems' under Copyright Office's interpretation of Copyright Act.
Statutory Interpretation Mar. 22, 2017
Omidi v. United States
Requirement to provide notice of seized funds within 60 days in forfeiture proceedings only applicable to nonjudicial proceedings, as property owners have recourse in courts in judicial proceedings.
Statutory Interpretation Mar. 14, 2017
De La Torre v. Cal. Horse Racing Bd.
California Horse Racing Board may not repeatedly extend temporary 12-month drug bans in order to create a semi-permanent ban on substance in sport.
Statutory Interpretation Jan. 26, 2017
Merced Irrigation District v. Superior Court (High-Voltage Apparatus Repair and Testing Co.)
Irrigation district responsible for providing utility services not a 'municipal corporation' for purposes of statute outlining damages liability of third parties who destroy property.
Statutory Interpretation Jan. 24, 2017
Chan Healthcare v. Liberty Mutual
Federal appeals court lacks jurisdiction to consider appeal of remand order in class action suit removed to federal district court for federal due process claim, not due to diversity.
Statutory Interpretation Jan. 3, 2017
Eblovi v. Blair (Alifano)
Petition seeking removal of argument opposing ballot measure properly denied where Elections Code section 9282(a) is to be interpreted as permissive, allowing participation by private citizen.
Statutory Interpretation Dec. 4, 2016
Syngenta Seeds Inc. v. County of Kauai
Court does not err in finding county's regulation of pesticides impliedly preempted by state law.
Statutory Interpretation Nov. 20, 2016
Gonzales v. CarMax
List of inspected car parts without description of component status not a proper 'inspection report' under Vehicle Code requirements to sell used car as 'certified.'
Statutory Interpretation Oct. 20, 2016
Animal Legal Defense Fund v. FDA
En banc court agrees with three-judge panel that appropriate standard of review applicable to summary judgment decisions in cases brought under FOIA is de novo.
Statutory Interpretation Sep. 5, 2016
People v. Vidana
Larceny and embezzlement are different statements of the same offense; defendant may not be convicted of both based on the same conduct.
Statutory Interpretation Aug. 18, 2016
NCU Admin. Bd. v. Nomura Home Equity Loan
Extender Statute (part of Financial Institutions Reform Act) supplants other preexisting time limitations in action by federal agency against mortgage security fraudsters.
Statutory Interpretation Aug. 16, 2016
Stanislaus County Deputy Sheriffs’ Association v. County of Stanislaus
County's practice does not comport with statute categorically exempting all peace officers, including certain custodial deputies, from prohibition against carrying concealed weapon.
Statutory Interpretation Aug. 15, 2016
People v. VanVleck
Military diversion program for DUI charges barred by language of Section 23640 prohibition of suspension of proceedings for driver improvement or substance abuse treatment programs.
Statutory Interpretation Aug. 12, 2016
Weiss v. City of Los Angeles
As 'issuing agency,' City - not ticket processing agency - responsible for initial review of violation under Veh. Code Section 40215(a).
Statutory Interpretation Aug. 10, 2016
Schmidt v. California Highway Patrol
CHP must record arrests leading to release and no charges filed as mere detentions and provide certification of change pursuant to Penal Code Sections 849.5 and 851.6.
Statutory Interpretation Aug. 3, 2016
United States v. Thomsen
Passport cards not included under statute prohibiting misuse or falsification of 'immigrant or nonimmigrant' documents.
Statutory Interpretation Jul. 29, 2016
City of Eureka v. Superior Ct
Dash-cam video of arrest ordered disclosed as contents do not constitute protected police personnel file.
Statutory Interpretation Jul. 21, 2016
People v. Endsley
Burden is on trial court to request and obtain medical recommendation of committed defendant seeking to be deemed sane and suitable for conditional release.
Statutory Interpretation Jun. 16, 2016
Cheffins v. Stewart
Bus decorated as Spanish galleon for Burning Man was "applied art" because it was largely utilitarian in nature; not protected under Visual Artists Rights Act.
Statutory Interpretation Jun. 8, 2016