| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
08-50329
|
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 | |
|
D052257
|
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 | |
|
05-10752
|
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 | |
|
07-17272
|
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 | |
|
07-17370
|
Golden Gate Restaurant Assn. v. City and County of San Francisco
Order |
|
Mar. 11, 2009 | ||
|
07-30105
|
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 | |
|
C055700
|
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 | |
|
B211881
|
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 | |
|
B201676
|
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 | |
|
08-7369
|
Thompson v. McNeil
Order |
|
Mar. 11, 2009 | ||
|
08-368
|
Al-Marri v. Spagone
Order |
|
Mar. 11, 2009 | ||
|
08-7369
|
Thompson v. McNeil
Order |
|
Mar. 11, 2009 | ||
|
B203317
|
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 | |
|
05-71539
|
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 | |
|
06-35227
|
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 | |
|
06-56246
|
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 | |
|
07-15357
|
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 | |
|
07-55559
|
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 | |
|
08-30022
|
U.S. v. Krstic
Alien may be prosecuted for possession of authentic immigration document procured by false statement. |
Immigration |
|
Mar. 11, 2009 | |
|
07-73851
|
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 | |
|
08-10287
|
U.S. v. Colson
Order |
|
Mar. 11, 2009 | ||
|
07-10368
|
U.S. v. Beltran-Moreno
Order |
|
Mar. 11, 2009 | ||
|
G039923
|
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 | |
|
05-O-05123
|
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 | |
|
G039686
|
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 | |
|
S149988
|
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 | |
|
S156537
|
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 | |
|
07-689
|
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 | |
|
07-773
|
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 | |
|
105 Orig
|
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 |