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Name Category Published
Birke v. Oakwood Worldwide
Court improperly dismisses tenant's nuisance action alleging manager's failure to limit secondhand smoke in outdoor common areas of apartment complex. 		Torts Jan. 13, 2009
Gorman v. Wolpoff & Abramson
Fair Credit Reporting Act allows plaintiff to bring claim against creditor for failure to report continued dispute to credit reporting agencies. 		Banking Jan. 13, 2009
Zucco Partners v. Digimarc Corp.
Confidential witness testimony is not enough to demonstrate scienter required under Private Securities Litigation Reform Act. 		Corporations Jan. 13, 2009
Chambers v. U.S.
Failure to report for penal confinement falls outside scope of ACCA's 'violent felony' definition. 		Criminal Law and Procedure Jan. 13, 2009
Pine Terrace Apartments v. Windscape
Exemption from 10-year statute of limitations on construction defect actions based on willful misconduct applies to cross-complaints for indemnity. 		Real Property Jan. 13, 2009
Cornhusker Casualty Insurance Co. v. Kachman
Issue of whether cancellation notice sent by certified mail satisfies notice requirement if never received by insured is certified to state supreme court. 		Insurance Jan. 13, 2009
U.S. v. McCaleb
Court has authority to clarify ambiguous verdict finding defendant guilty of greater and lesser-included offense. 		Criminal Law and Procedure Jan. 13, 2009
Kaiser Foundation Health Plan Inc. v. Abbott Laboratories Inc.
'Noerr-Pennington' doctrine does not immunize company where failure to disclose information to Patent and Trademark Office was not inadvertent. 		Antitrust Jan. 13, 2009
Rubke v. Capitol Bancorp Ltd.
Minority shareholders do not allege fraud with sufficient particularity to withstand dismissal for failure to meet pleading standards of Rule 9(b). 		Securities Jan. 13, 2009
Nolan v. Heald College
In examining evidence outside of administrative record in ERISA case, district court fails to apply traditional rules of summary judgment. 		Civil Procedure Jan. 13, 2009
U.S. v. Juvenile Male
Order 		Jan. 13, 2009
UAS Management Inc. v. Mater Misericordiae Hospital
Tying sales of outpatient services with inpatient services over which hospital had monopoly in geographic market violated Cartwright Act. 		Antitrust Jan. 13, 2009
Noelle M., a Minor
Minor who sells methadone pills at homecoming game may be sentenced to consecutive terms for each of five sales. 		Juveniles Jan. 13, 2009
Horne v. Flores
Order 		Jan. 12, 2009
Dallanegra v. United States
Order 		Jan. 12, 2009
People v. Cabonce
Application of insanity defense is question of fact for jurors when intoxication is primary cause of mental disease or defect. 		Criminal Law and Procedure Jan. 12, 2009
Opinion of Brown
Absent voter approval, school district may not issue refunding bonds to generate proceeds in excess of amount needed to pay off debt. 		Government Jan. 12, 2009
South Carolina v. North Carolina
Order 		Jan. 12, 2009
Kansas v. Ventris
Order 		Jan. 12, 2009
Northwest Austin Mun. Util. v. Mukasey
Order 		Jan. 12, 2009
Ricci v. DeStefano
Order 		Jan. 12, 2009
Ghazaryan v. Diva Limousine Ltd.
Trial court's denial of class certification is improper where it focused on rule against evaluating merits of plaintiff's claim. 		Civil Procedure Jan. 12, 2009
Paduano v. American Honda Motor Co. Inc.
Plaintiff presents triable issues of fact with respect to veracity of Honda's brochure assertions regarding Civic Hybrid's fuel efficiency. 		Business Law Jan. 12, 2009
People v. U.S. Financial Management Inc.
Department of Corporations retains jurisdiction to investigate violations of Prorater Law by non-California resident customers of California company. 		Corporations Jan. 12, 2009
U.S. v. Awad
Despite omission of word "willfully," indictment is sufficient to infer defendant purposely committed health care fraud. 		Criminal Law and Procedure Jan. 12, 2009
Hubbard v. SoBreck
California Disabled Persons Act does not authorize awards for fees to prevailing parties on nonfrivolous claims that are identical to nonfrivolous ADA claims. 		Attorneys Jan. 12, 2009
Mendez-Castro v. Mukasey
Court lacks jurisdiction to review BIA's application of own precedent in determining aliens' removal would not cause their children exceptional hardship. 		Immigration Jan. 12, 2009
Owens v. Automotive Machinists Pension Trust
Under ERISA, plaintiff is entitled to 50 percent interest in pension benefits after dissoultion of quasi-marital realtionship. 		Employment Law Jan. 12, 2009
Diaz-Covarrubias v. Mukasey
Court lacks jurisdiction to review BIA's decision not to close a case where no meaningful standard exists. 		Immigration Jan. 11, 2009
Tecklenburg v. Superior Court (People)
Awareness of 'temporary Internet files' is not needed to show knowing possession and control of computer-generated images of child pornography. 		Criminal Law and Procedure Jan. 11, 2009
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