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Name Category Published
U.S. v. Hammons
Failure to address Section 3553(a) sentencing factors in imposing sentence deemed plain error affecting substantial rights.
Criminal Law and Procedure Mar. 12, 2009
People v. Harris Jr.
Proposition 36 probation mandatory where jury makes express finding that transportation of cocaine base was for personal use.
Criminal Law and Procedure Mar. 12, 2009
U.S. v. Boulware
Defendant's offer of proof is insufficient to support proffered return of capital theory.
Criminal Law and Procedure Mar. 11, 2009
Chicanos Por La Causa Inc. v. Napolitano
Legal Arizona Workers Act, which sanctions employers for hiring illegal aliens through revocation of business licenses, is not preempted by federal law.
Civil Rights Mar. 11, 2009
Golden Gate Restaurant Assn. v. City and County of San Francisco
Order
Mar. 11, 2009
U.S. v. Streich
Defendant's claims challenging inclusion of psychosexual information in presentence report are not ripe.
Criminal Law and Procedure Mar. 11, 2009
California School Boards Association v. State of California
Legislative directive requiring Commission on State Mandates to 'set aside' or 'reconsider' prior decisions violates separation of powers doctrine.
Government Mar. 11, 2009
HealthMarkets Inc. v. Superior Court (Berman)
Specific personal jurisdiction over parent company based on subsidiary’s activities is appropriate only if parent purposefully directed activities within state.
Civil Procedure Mar. 11, 2009
People v. Roa
Consistent out-of-court identifications constitutes substantial evidence of firearm use in carjacking despite retraction during trial.
Criminal Law and Procedure Mar. 11, 2009
Thompson v. McNeil
Order
Mar. 11, 2009
Al-Marri v. Spagone
Order
Mar. 11, 2009
Thompson v. McNeil
Order
Mar. 11, 2009
Franco v. Athens Disposal Co. Inc.
Class arbitration waiver is unconscionable due to modest size of recovery, potential for retaliation, and unawareness of rights.
Employment Law Mar. 11, 2009
Wakkary v. Holder
Alien filing for asylum beyond one-year rule due to delay caused by gathering of documents falls under 'extraordinary circumstance' exception.
Immigration Mar. 11, 2009
State of Washington v. Chu
Storage of hazardous waste designated for Waste Isolation Pilot Plant at other sites subject to storage and land disposal restrictions.
Environmental Law Mar. 11, 2009
Southern California Painters & Allied Trades, District Council No. 36 v. Rodin & Co. Inc.
Court denies 'reverse' alter-ego claim where non-union employer would be liable for starting union company to avoid collective bargaining obligations.
Labor Law Mar. 11, 2009
Walker v. Geico General Insurance Co.
Request for injunctive relief absent showing of lost money or property insufficient standing to sue under California Unfair Competition Law.
Insurance Mar. 11, 2009
Le v. Astrue
Failure to include court's grant of summary judgment as subject in notice of appeal is not jurisdictional bar to appeal.
Civil Procedure Mar. 11, 2009
U.S. v. Krstic
Alien may be prosecuted for possession of authentic immigration document procured by false statement.
Immigration Mar. 11, 2009
Virginia Mason Medical Center v. NLRB
Where certification period started with first bargaining meeting, employer is required to continue recognition for one year.
Labor Law Mar. 11, 2009
U.S. v. Colson
Order
Mar. 11, 2009
U.S. v. Beltran-Moreno
Order
Mar. 11, 2009
Christensen v. Smith
Appeal from adverse arbitration decision not allowed where parties' agreement lacks specific provisions providing for such review.
Civil Procedure Mar. 10, 2009
Fahy v. State Bar
Recommendation for disbarment upheld where attorney lied to judge about reasons for vote while serving on jury.
Attorneys Mar. 10, 2009
Menke v. DaimlerChrysler Motors Co.
Prospective transferee of car dealer franchise has no standing to sue under Vehicle Code Section 11713.3(e).
Business Law Mar. 10, 2009
State of California v. Allstate Insurance Co.
State's preventive release is not barred where policy denied coverage for intentional discharge of waste.
Environmental Law Mar. 10, 2009
People v. Wagner
Defendant on probation with imposition of sentence may demand speedy sentencing pursuant to either Penal Code Sections 1381 or 1203.2a.
Criminal Law and Procedure Mar. 10, 2009
Bartlett v. Strickland
Minority group must constitute majority of voting-age population prior to creation of district under Voting Rights Act of 1965 Section 2.
Government Mar. 10, 2009
Vaden v. Discover Bank
Federal court may not enforce arbitration clause brought by 9 U.S.C. Section 4 filing where entire controversy does not fall under proper jurisdiction.
Civil Procedure Mar. 10, 2009
Kansas v. Colorado
Assuming absolute discretion, 28 U.S.C. Section 1821(b) applies to fee determination for cases arising under original jurisdiction.
Civil Procedure Mar. 10, 2009