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Name Category Published
State of Alaska v. EEOC
Government Employee Rights Act validly abrogates state's sovereign immunity for claims of pay discrimination, sexual harassment, and retaliation.
Employment Law May 4, 2009
Sacramento County Department of Health and Human Services v. M.M.
Abuse of discretion found where juvenile court modified order for bonding study based on inadequate 'changed circumstances.'
Juveniles May 4, 2009
Conservatorship of Edde
Equal protection is not violated where state seeks reimbursement from conservator of mentally disordered pretrial detainee.
Conservatorship May 4, 2009
Flores-Figueroa v. U.S.
Federal statute for aggravated identity theft requires proof that perpetrator knew that numbers in identification cards belonged to another person.
Criminal Law and Procedure May 4, 2009
Carlsbad Technology Inc. v. HIF Bio Inc.
Court's order remanding case to state court after declining to exercise supplemental jurisdiction is reviewable.
Civil Procedure May 4, 2009
Arthur Andersen LLP v. Carlisle
Appellate court errs by dismissing appeal regarding denial of Federal Arbitration Act Section 3 motion to stay for lack of jurisdiction.
Civil Procedure May 4, 2009
Burlington Northern & Santa Fe Railway Co. v. U.S.
Court properly finds owner of land containing chemical distributor facility partially liable for remediation costs under CERCLA.
Environmental Law May 4, 2009
In re Bolden
Allegation that penalty phase juror was bias and committed misconduct for failure to disclose of relationship with murder victim fails.
Criminal Law and Procedure May 4, 2009
Doyle v. City of Medford
Order
May 4, 2009
Bova v. City of Medford
Public employees' claims based on discontinuation of insurance after retirement deemed unripe where employees have not yet retired.
Employment Law May 4, 2009
U.S. v. Kapp
injunction prohibiting accountant from claiming 'mariner's tax deduction' for clients who do not incur meal expenses deemed proper.
Taxation May 4, 2009
California Self-Insurers' Security Fund v. Lorber Industries of California (In re Lorber Industries of California)
State's claim for reimbursement from defaulting self-insurer for payments made to claimants does not qualify as excise tax.
Bankruptcy May 4, 2009
Dunson v. United States
Order
May 4, 2009
Booker v. United States
Order
May 4, 2009
FCC v. CBS Corp.
Order
May 4, 2009
Bain v. United States
Order
May 4, 2009
Quintana v. United States
Order
May 4, 2009
T.C., a Minor
Restitution order deemed proper for victim of juvenile defendant despite dismissal of charge and lack of 'Harvey' waiver.
Juveniles May 3, 2009
Applera Corp. v. MP Biomedicals LLC
Plaintiff properly sues in state court where breach of contract claim involved alleged failure to pay royalties under patent licensing agreement.
Civil Procedure May 3, 2009
Flores v. Axxis Network & Telecommunications Inc.
Arbitration provision in agreement does not mandate arbitration of statutory wage claims where intent to arbitrate was not 'unmistakably clear.'
Employment Law May 3, 2009
Bontempo v. WCAB
Workers' compensation judge errs in failing to apply Labor Code Section 4658 where undisputed evidence supported claim.
Workers' Compensation May 3, 2009
In re Nunez
Sentence of life imprisonment without parole imposed on 14 year-old defendant for non-homicide, no-injury offense deemed 'cruel and unusual'.
Criminal Law and Procedure May 3, 2009
Moreno v. Hanford Sentinel, Inc.
Author who posted article on myspace.com cannot state cause of action for invasion of privacy.
Torts May 3, 2009
Safeco Insurance Co. of America v. Superior Court (Karnan)
Order granting motion for precertification discovery is upheld where trial court properly weighed potential for abuse against rights of parties.
Civil Procedure May 3, 2009
Johnson v. United Cerebral Palsy/Spastic Children's Foundation of Los Angeles and Ventura Counties
Contested declarations are admissible and constitute substantial circumstantial evidence that is sufficient to raise triable issues of material fact.
Employment Law May 3, 2009
Lockwood v. Sheppard, Mullin, Richter & Hampton
State court lacks subject matter jurisdiction where federal law governs substantial issues related to patent in complaint.
Civil Procedure May 3, 2009
Strother v. California Coastal Commission (Alvarez)
Plaintiffs are entitled to proceed with limited challenge to California Coastal Commission's approval of permits under California Coastal Act of 1976.
Environmental Law May 3, 2009
Conkright v. Frommert
Pension plan does not satisfy criteria for grant of stay pending disposition of petition for certiorari despite 'change in circumstance.'
Civil Procedure May 3, 2009
Boyajian v. New Falls Corp. (In re Boyajian)
11 U.S.C. Section 523(a)(2)(B) allows lease assignee to pursue exception to discharge based on assignor's reliance on debtor's false written financial statement.
Bankruptcy May 3, 2009
Dyer v. Cenex Harvest States Cooperative
Successful workers' compensation claimant is entitled to pre- and post-controversion attorney fees under Longshore and Harbor Workers' Compensation Act.
Employment Law May 3, 2009