| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
F052606
|
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 | |
|
07-35315
|
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 | |
|
06-10592
|
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 | |
|
H031594
|
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 | |
|
A118151
|
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 | |
|
S166508
|
Galindo v. S.C. (City of Los Angeles Police)
Order |
|
Sep. 26, 2008 | ||
|
S165283
|
Harutyunyan v. S.C. (People)
Order |
|
Sep. 26, 2008 | ||
|
S163902
|
Conner on Discipline
Order |
|
Sep. 26, 2008 | ||
|
B195738
|
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 | |
|
B197611
|
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 | |
|
S165425
|
In re Red Light Photo Enforcement Cases
Order |
|
Sep. 26, 2008 | ||
|
07-35231
|
McClung v. City of Sumner
City ordinance mandating 12-inch storm drain pipes does not amount to unconstitutional taking. |
Constitutional Law |
|
Sep. 26, 2008 | |
|
06-55822
|
Crawford v. Astrue
Attorney fees awarded are deemed reasonable where court looked to factors cited in case law. |
Attorneys |
|
Sep. 26, 2008 | |
|
06-56033
|
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 | |
|
07-35125
|
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 | |
|
06-56267
|
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 | |
|
04-56847
|
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 | |
|
H032027
|
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 | |
|
C054972
|
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 | |
|
B200074
|
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 | |
|
B202828
|
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 | |
|
06-35724
|
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 | |
|
A118084
|
Gridley v. Gridley
Where temporary judge lacks authority to adjudicate petition, orders on attorney disqualification motion must be reversed. |
Civil Procedure |
|
Sep. 25, 2008 | |
|
H031717
|
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 | |
|
D052632
|
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 | |
|
C055549
|
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 | |
|
07-56326
|
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 | |
|
05-50138
|
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 | |
|
07-50245
|
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 | |
|
04-71732
|
Ngaeth v. Mukasey
Entering locked vehicle with intent to commit theft is aggravated felony subjecting alien to removability. |
Immigration |
|
Sep. 25, 2008 |