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Name Category Published
Bradley v. Gilbert
Son's proposed petition as successor trustee to marshal assets in deceased parent's subtrusts does not violate no-contest clause.
Probate and Trusts Apr. 3, 2009
Estate of Kelly
Probate Code Section 8226(c) does not time-bar beneficiary from petitioning for probate when it never received notice of letters of administration.
Probate and Trusts Apr. 3, 2009
Long Beach Memorial Medical Center v. Superior Court (Connors)
Court errs in finding settlement made in good faith where physician's payment was less than two percent of total amount.
Torts Apr. 3, 2009
Dream Games of Arizona Inc. v. PC Onsite
Illegal operation of copyrightable work does not deprive work of copyright protection or preclude statutory damages.
Intellectual Property Apr. 3, 2009
U.S. v. Rollness
Murder conviction under Violent Crime in Aid of Racketeering statute carries life imprisonment as statutory minimum sentence rather than simple fine.
Criminal Law and Procedure Apr. 3, 2009
Avery v. First Resolution Management Corp.
Claim that defendants attempted to collect time-barred debt fails where parties lawfully adopted state's statute of limitations and tolling provisions.
Civil Procedure Apr. 3, 2009
Northrop Grumman Corp. v. Factory Mutual Insurance Co.
Where excess policy excludes flood coverage in contrast to primary policy, insurer is not required to pay for damage from Hurricane Katrina.
Insurance Apr. 3, 2009
U.S. v. Paul
District court’s disregard of mandate is improper where it re-sentenced defendant to term only one month shorter than previously vacated sentence.
Criminal Law and Procedure Apr. 3, 2009
In re Masoner
Superior court's remedial order directing prisoner's release from custody violates separation of powers doctrine.
Criminal Law and Procedure Apr. 3, 2009
Alan S. v. Superior Court (Mary T.)
Pendente lite attorney fee order reversed when court fails to consider all relevant factors per Family Code Section 2030.
Family Law Apr. 3, 2009
Societe Civile Succession Richard Guino v. Renoir
Order
Apr. 2, 2009
Pooshs v. Phillip Morris USA, Inc.
Order
Apr. 2, 2009
R.S. v. Superior Court (M.L.)
Juvenile court did not abuse discretion where videotape of minor victim interview is released subject to strict protective order.
Juveniles Apr. 2, 2009
14 Penn Plaza LLC v. Pyett
Provision in collective-bargaining agreement requiring union members to arbitrate claims under Age Discrimination in Employment Act of 1967 is enforceable.
Labor Law Apr. 2, 2009
Entergy Corp. v. Riverkeeper Inc.
EPA permissibly relies on cost-benefit analysis in determining 'best available technology' for minimizing environmental impact of cooling water intake structures.
Environmental Law Apr. 2, 2009
Harbison v. Bell
18 U.S.C. Section 3599 authorizes federally appointed counsel to represent clients in state clemency proceedings.
Criminal Law and Procedure Apr. 2, 2009
Kaur v. Holder
Detailed summary of classified information must be provided to alien petitioner in order to rebut alleged immigration fraud.
Immigration Apr. 2, 2009
People v. Ramirez
Under Penal Code Section 186.22(a), active gang participation requires proof that defendant engaged in gang-related felonious criminal conduct.
Criminal Law and Procedure Apr. 1, 2009
Rivera v. Illinois
Denial of peremptory challenge does not violate Due Process where all jurors seated were qualified and unbiased.
Criminal Law and Procedure Apr. 1, 2009
Hawaii v. Office of Hawaiian Affairs
Congress' Apology Resolution does not strip Hawaii's authority to alienate land grants upon admission to Union.
Government Apr. 1, 2009
Philip Morris USA Inc. v. Williams
Order
Apr. 1, 2009
The General Store Inc. v. Van Loan
Federal firearms dealer license is revoked for willful violations of federal and state firearms law.
Business Law Apr. 1, 2009
Hunt v. Imperial Merchant Services Inc.
District court may require class action defendant to pay notification costs where defendant's liability already determined.
Civil Procedure Apr. 1, 2009
Benson v. Commissioner of Internal Revenue
Omission of constructive dividends totaling more than 25 percent of gross income extended statute of limitations for tax assessment under Section 6501.
Taxation Apr. 1, 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 Mar. 31, 2009
Molenda v. Dept. of Motor Vehicles
Lab report containing alcohol blood test results properly deemed inadmissible hearsay in DMV administrative proceeding.
Administrative Agencies Mar. 31, 2009
Etheridge v. Reins International California Inc.
Mandatory tip pool requiring tip distribution to dishwashers, kitchen staff, and bartenders does not violate Labor Code Section 351.
Employment Law Mar. 31, 2009
The Fifth Day LLC v. Bolotin
Section 7031 does not bar unlicensed construction manager of privately owned real estate project from seeking compensation for services.
Business Law Mar. 31, 2009
Muller v. Fresno Community Hospital & Medical Center
Collateral order doctrine permits appeal of order denying motion for sanctions where no payment of money or performance of act is required.
Civil Procedure Mar. 31, 2009
Brown v. United States
Order
Mar. 31, 2009