| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
07-10424
|
U.S. v. Bhatia
Privity between government and plaintiff in civil action is insufficient to bar subsequent criminal prosecution of defendant for wire fraud and money laundering. |
Civil Procedure |
|
Sep. 25, 2008 | |
|
07-50162
|
U.S. v. McCalla
Regulation of intrastate production of child pornography industry is valid exercise of Congress' authority under Commerce Clause. |
Constitutional Law |
|
Sep. 25, 2008 | |
|
06-35948
|
Moore v. King County Fire Protection District No. 26
Order |
|
Sep. 25, 2008 | ||
|
B197971
|
Rael v. Davis
Mediation settlement agreement found to be inadmissible in civil proceeding is also unenforceable. |
Civil Procedure |
|
Sep. 25, 2008 | |
|
A119733
|
Salinas v. Martin
Property owner owed duty of care to contractor's employee to remove dangerous dogs from his property. |
Torts |
|
Sep. 24, 2008 | |
|
06-30489
|
U.S. v. Pham
In bank fraud case, court errs in imposing four-level enhancement to defendant's sentence under U.S. Sentencing Guidelines. |
Criminal Law and Procedure |
|
Sep. 24, 2008 | |
|
07-35161
|
Steven N.S. Cheung Inc. v. United States
Wrongful levy judgment over $10,000 is subject to overpayment rate reduction of Internal Revenue Code Section 6621(a)(1). |
Taxation |
|
Sep. 24, 2008 | |
|
06-56319
|
Barboza v. New Form Inc. (In re Barboza)
Bankruptcy court judgment against debtors is reversed where there is question of material fact as to whether copyright infringement was willful. |
Bankruptcy |
|
Sep. 24, 2008 | |
|
08-55326
|
Guzman v. Shewry
Court properly denies injunction to halt temporary suspension of physician who claims suspension from Medi-Cal program violates federal law. |
Administrative Agencies |
|
Sep. 24, 2008 | |
|
06-16820
|
Acar v. Commissioner of Internal Revenue Service
Taxpayer is not entitled to time extension to seek 'mark-to-market' election where 'hindsight' was used in requesting relief. |
Taxation |
|
Sep. 24, 2008 | |
|
07-35723
|
State of Alaska v. Federal Subsistence Board
Federal Subsistence Board's decision to allow Alaskan residents to harvest moose under hunting regulations is supported by substantial evidence. |
Environmental Law |
|
Sep. 24, 2008 | |
|
B199446
|
North Pacifica v. California Coastal Commission
California Coastal Commission substantially complies with notice requirements in denying residential development permit application. |
Administrative Agencies |
|
Sep. 23, 2008 | |
|
B194463
|
Hill v. State Farm Mutual Automobile Insurance Co.
Business judgment rule protects directors from liability based on policyholders' claim that State Farm improperly withheld dividends in order to increase surplus. |
Corporations |
|
Sep. 23, 2008 | |
|
B199453
|
Johnson v. Glaxosmithkline Inc.
Collateral estoppel does not preclude plaintiff's efforts to pursue class action against drug manufacturer. |
Civil Procedure |
|
Sep. 23, 2008 | |
|
06-35667
|
Barrett v. Belleque
Prisoner who alleges prison officials censored his mail and punished him for its vulgar, offensive language states cognizable claim for relief. |
Constitutional Law |
|
Sep. 23, 2008 | |
|
05-36060
|
Poore v. Simpson Paper Company
Early retirees lack standing under ERISA where collective bargaining agreements reserved right to alter benefits for employer. |
Employment Law |
|
Sep. 23, 2008 | |
|
06-70638
|
Al-Mousa v. Mukasey
Order |
|
Sep. 23, 2008 | ||
|
D052665
|
Quinones v. Superior Court (People)
Defendant is unfairly surprised with charge of torture in amended felony complaint. |
Criminal Law and Procedure |
|
Sep. 23, 2008 | |
|
B199951
|
People v. Valencia
Government Code Section 76104.7's DNA state-only penalty may not be assessed on court security fees. |
Criminal Law and Procedure |
|
Sep. 22, 2008 | |
|
B195034
|
McMillian v. Stroud
Where settlement was silent as to medical expenses, plaintiff is not allowed to reduce payment of Medi-Cal lien. |
Probate and Trusts |
|
Sep. 22, 2008 | |
|
S165893
|
Arias v. S.C. (People)
Order |
|
Sep. 22, 2008 | ||
|
05-75255
|
Northwest Coalition for Alternatives to Pesticides v. United States Environmental Protection Agency
EPA fails to adequately explain basis for deviations from child safety factor establishing allowable amount of pesticide residues in food. |
Environmental Law |
|
Sep. 22, 2008 | |
|
06-15341
|
Burke v. Pitney Bowes Inc. Long-Term Disability Plan
Structural conflict of interest can be demonstrated where disability plan administrator also funded plan. |
Employment Law |
|
Sep. 22, 2008 | |
|
06-73491
|
Malkandi v. Mukasey
Iraqi's prior misrepresentations to gain refugee status and evidence that he aided al Qaeda operative support adverse national security finding. |
Immigration |
|
Sep. 22, 2008 | |
|
05-17100
|
Vaughn v. Bay Environmental Management Inc.
Former employee who received full distribution of account balance under defined contribution plan has standing to file suit as participant under ERISA. |
Employment Law |
|
Sep. 22, 2008 | |
|
G039758
|
Strong v. Beydoun
Attorney is barred from pursuing quantum meruit action against clients for fees where financial arrangement was between herself and hiring attorney. |
Attorneys |
|
Sep. 22, 2008 | |
|
E046276
|
Martin v. Riverside County Department of Code Enforcement
Riverside County grading ordinance is not preempted by Fish and Gaming Code nor displaced by FEMA. |
Government |
|
Sep. 22, 2008 | |
|
S165798
|
Amanda H. v. S.C. (Los Angeles County
Order |
|
Sep. 19, 2008 | ||
|
S165522
|
Barnett v. S.C. (People)
Order |
|
Sep. 19, 2008 | ||
|
S165906
|
Haworth v. S.C. (Ossakow)
Order |
|
Sep. 19, 2008 |