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Name Category Published
McKenney v. Purepac Pharmaceutical Company
State law tort claim for failure to warn of prescription drug's side effects is not pre-empted by federal law.
Torts Sep. 29, 2008
Lazy Y Ranch v. Behrens
Idaho officials' motion to dismiss is denied where plaintiff's allegations suffice to assert Equal Protection claim under rational basis review.
Constitutional Law Sep. 29, 2008
U.S. v. Lazarenko
Convictions of Ukrainian official for charges related to extortion are upheld where indictment was sufficient.
Criminal Law and Procedure Sep. 29, 2008
Hewlett-Packard Company v. Superior Court (Rutledge)
Order of class certification is proper even though plaintiffs’ underlying claims may be substantively invalid.
Civil Procedure Sep. 29, 2008
People v. Jasmin
Warrantless search of defendant's on-base living quarters is valid under both military law and Fourth Amendment.
Criminal Law and Procedure Sep. 29, 2008
Galindo v. S.C. (City of Los Angeles Police)
Order
Sep. 26, 2008
Harutyunyan v. S.C. (People)
Order
Sep. 26, 2008
Conner on Discipline
Order
Sep. 26, 2008
Bourgi v. West Covina Motors Inc.
Court must let jury consider Vehicle Code's safe harbor provisions in determining car dealer's liability under Consumer Legal Remedies Act.
Civil Procedure Sep. 26, 2008
Association for Los Angeles Deputy Sheriffs v. County of Los Angeles
Denial of preliminary injunction is upheld where deputies attempted to enjoin enforcement of anti-huddling policy.
Labor Law Sep. 26, 2008
In re Red Light Photo Enforcement Cases
Order
Sep. 26, 2008
McClung v. City of Sumner
City ordinance mandating 12-inch storm drain pipes does not amount to unconstitutional taking.
Constitutional Law Sep. 26, 2008
Crawford v. Astrue
Attorney fees awarded are deemed reasonable where court looked to factors cited in case law.
Attorneys Sep. 26, 2008
United States v. Able Time Inc.
Civil penalties may be imposed on importer of counterfeit merchandise even though trademark owner does not make same kind of goods.
Intellectual Property Sep. 26, 2008
CarePartners v. Lashway
State employees are not entitled to qualified immunity for disparate enforcement action allegedly motivated by regulated entity's protected speech and petition activities.
Civil Procedure Sep. 26, 2008
MB Financial Group Inc. v. U.S. Postal Service
U.S. Postal Service is not immune from claim arising from failure to make box available due to improper handling of fees.
Torts Sep. 26, 2008
DirecTV Inc. v. Webb
In satellite piracy case, judgment is reversed in part where violation is for modification of device that defendant used himself.
Intellectual Property Sep. 26, 2008
Shisler v. Sanfer Sports Car Inc.
Court has jurisdiction to rule upon defendant's motion for attorney fees after quashing service for lack of personal jurisdiction.
Civil Procedure Sep. 26, 2008
People v. Zepeda
CALCRIM No. 220 properly instructed jury on reasonable doubt standard where court had no duty to define subjective certitude requirement for finding of guilt.
Criminal Law and Procedure Sep. 26, 2008
Wilkinson v. Zelen
Plaintiff must prove factual innocence and exoneration as to all transactionally related offenses in order to maintain legal malpractice action.
Torts Sep. 26, 2008
Medrano v. WCAB
Vocational rehabilitation maintenance allowance is not subject to wage-loss credit where worker is awarded benefits when he also has earnings.
Workers' Compensation Sep. 26, 2008
Rosson v. Fitzgerald (In re Rosson)
Bad-faith finding is proper where debtor defied bankruptcy court's order to deposit funds with Chapter 13 trustee.
Bankruptcy Sep. 25, 2008
Gridley v. Gridley
Where temporary judge lacks authority to adjudicate petition, orders on attorney disqualification motion must be reversed.
Civil Procedure Sep. 25, 2008
People v. Barkley
Prior assault conviction constitutes felony strike where sentencing judge's orders were inconsistent with imposition of misdemeanor jail sentence.
Criminal Law and Procedure Sep. 25, 2008
Shane G., a Minor
Notice to tribe pursuant to Indian Child Welfare Act is not required where child is excluded from membership based on blood requirements.
Juveniles Sep. 25, 2008
People v. Martinez
Defendant had no right to jury trial under 'Cunningham v. California' where factors were used to impose consecutive sentences.
Criminal Law and Procedure Sep. 25, 2008
Abagninin v. AMVAC Chemical Corp.
Ivory Coast residents' claim of genocide against pesticide manufacturer fails to allege specific intent to destroy certain group.
Torts Sep. 25, 2008
U.S. v. Gomez-Leon
Conviction for vehicular manslaughter is not 'crime of violence' for purposes of application of 16-level enhancement.
Criminal Law and Procedure Sep. 25, 2008
U.S. v. Vega
Conditions of supervised release are affirmed where they relate to defendant's rehabilitation and are not impermissibly vague.
Criminal Law and Procedure Sep. 25, 2008
Ngaeth v. Mukasey
Entering locked vehicle with intent to commit theft is aggravated felony subjecting alien to removability.
Immigration Sep. 25, 2008