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Name Category Published
Estate of Prindle
Insurer is estopped from claiming that failure to file timely probate claim bars plaintiff from relief in negligence action.
Probate and Trusts Apr. 21, 2009
People v. Bermudez
Section 851.8 petition for seal and destruction of arrest record barred by two-year limitations period.
Criminal Law and Procedure Apr. 21, 2009
Arizona v. Gant
Where defendant is arrested for driving with suspended license and already secured in police car, vehicle search incident to arrest not valid.
Criminal Law and Procedure Apr. 21, 2009
Ministry of Defense and Support for the Armed Forces of the Islamic Republic of Iran v. Elahi
Recipient of compensation under Victims of Trafficking and Violence Protection Act of 2000 waives right to attach judgment awarded to Iran.
Government Apr. 21, 2009
Shinseki v. Sanders
Federal circuit errs by imposing 'harmless-error' review of veteran's benefit claim that is contrary to established law.
Government Apr. 21, 2009
Winn v. Arizona Christian School Tuition Organization
Taxpayers have standing to challenge tax credit for donations to organizations that only award scholarships to religious schools.
Taxation Apr. 21, 2009
Townsend v. Knowles
Equitable tolling is justified where federal habeas petition would have been untimely due to intervening change in law.
Criminal Law and Procedure Apr. 21, 2009
Tur v. YouTube, Inc.
No appellate review for dismissed case where sole jurisdictional basis is that determination of issue may restrict litigation elsewhere.
Civil Procedure Apr. 21, 2009
Sinha v. Holder
Incidents against Indo-Fijian on account of race satisfy 'nexus' prong of past persecution analysis.
Immigration Apr. 21, 2009
World Financial Group, Inc. v. HBW Insurance & Financial Services Inc.
Complaint alleging misappropriation of trade secrets and dissemination of confidential information not subject to anti-SLAPP statute.
Civil Rights Apr. 20, 2009
Mintz v. Blue Cross of California
Health care plan administrator must exercise due care in protecting plan member from injury caused by administration of benefits.
Insurance Apr. 20, 2009
People v. Felix
Shooter had requisite mental state for attempted premeditated murder when he shot into an inhabited dwelling after making death threats.
Criminal Law and Procedure Apr. 20, 2009
People v. Samaniego
Jury instruction on aiding and abetting in context of premeditated first degree murder deemed harmless error.
Criminal Law and Procedure Apr. 20, 2009
Watkins v. Wachovia Corp.
Named plaintiff may not pursue appeal on behalf of class where she voluntarily settled her own claims against defendant.
Civil Procedure Apr. 20, 2009
U.S. v. Brown
Where co-occupant voluntarily consents to warrantless search, later inquiry of legitimately arrested co-occupant isolated in police car not required.
Criminal Law and Procedure Apr. 20, 2009
The Ecology Center v. Castaneda
'Best available science' supports U.S. Forest Service's determination that minimum 10 percent of forest acreage would maintain old-growth habitat.
Environmental Law Apr. 20, 2009
Delgado v. Holder
Alien's asylum application remanded where convictions for driving under the influence improperly found to be 'particularly serious crimes' precluding relief.
Immigration Apr. 20, 2009
Koepnick v. Kashiwa Fudosan America Inc.
Refusal to impose several liability for non-economic damages award is proper where defendant owner had nondelegable duty to maintain safe elevators.
Civil Procedure Apr. 20, 2009
Abernathy Valley Inc. v. County of Solano
Grandfather provision in Subdivision Map Act does not protect parcel depicted on map recorded in 1909.
Real Property Apr. 20, 2009
Fairbanks v. Superior Court of Los Angeles County (Farmers New World Life Insurance Co.)
Life insurance does not qualify as 'service' subject to the Consumers Legal Remedies Act.
Insurance Apr. 20, 2009
Vargas v. City of Salinas
City does not engage in improper campaign activities where information about ordinance is disseminated via Internet, newsletter and flyers.
Government Apr. 20, 2009
South Carolina v. North Carolina
Order
Apr. 20, 2009
Bloate v. United States
Order
Apr. 20, 2009
U.S. v. Stevens
Order
Apr. 20, 2009
Pottawattamie County, IA v. McGhee
Order
Apr. 20, 2009
People v. Branner
Evidence found during vehicle search after custodial arrest arising from valid traffic violation may not be suppressed on Fourth Amendment grounds.
Criminal Law and Procedure Apr. 20, 2009
Nordyke v. King
Second Amendment does not prohibit local government from regulating gun possession on public property.
Constitutional Law Apr. 20, 2009
McKnight v. Torres
'Direct use immunity' agreement not violated by disclosure of investigation report to French authorities where express terms were clear and unambiguous.
Criminal Law and Procedure Apr. 20, 2009
U.S. v. Santacruz
Naturalization revoked after alien fails to disclose possession of child pornography conviction, a crime involving moral turpitude.
Immigration Apr. 20, 2009
International Brotherhood of Electrical Workers, Local 32, AFL-CIO v. National Labor Relations Board
Failure to negotiate merger effects does not warrant retroactive bargaining or back pay as employees retained jobs with full pay and benefits.
Employment Law Apr. 20, 2009