| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
C055832
|
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 | |
|
A119028
|
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 | |
|
07-542
|
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 | |
|
07-615
|
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 | |
|
07-1209
|
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 | |
|
05-15754
|
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 | |
|
07-15712
|
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 | |
|
07-56683
|
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 | |
|
04-73843
|
Sinha v. Holder
Incidents against Indo-Fijian on account of race satisfy 'nexus' prong of past persecution analysis. |
Immigration |
|
Apr. 21, 2009 | |
|
B210884
|
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 | |
|
B207405
|
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 | |
|
B204858
|
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 | |
|
B205512
|
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 | |
|
B199982
|
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 | |
|
08-30040
|
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 | |
|
07-35054
|
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 | |
|
03-74442
|
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 | |
|
A119316
|
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 | |
|
A121817
|
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 | |
|
S157001
|
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 | |
|
S140911
|
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 | |
|
138, Orig
|
South Carolina v. North Carolina
Order |
|
Apr. 20, 2009 | ||
|
08-728
|
Bloate v. United States
Order |
|
Apr. 20, 2009 | ||
|
08-769
|
U.S. v. Stevens
Order |
|
Apr. 20, 2009 | ||
|
08-1065
|
Pottawattamie County, IA v. McGhee
Order |
|
Apr. 20, 2009 | ||
|
C059288
|
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 | |
|
07-15763
|
Nordyke v. King
Second Amendment does not prohibit local government from regulating gun possession on public property. |
Constitutional Law |
|
Apr. 20, 2009 | |
|
08-55459
|
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 | |
|
07-55470
|
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 | |
|
07-72750
|
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 |