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Name Category Published
Davis (Stanley B.) on H.C.
Order
Sep. 12, 2008
Smithey (George H.) on H.C.
Order
Sep. 12, 2008
Sutton v. Interinsurance Exchange of Automobile Club
Order
Sep. 12, 2008
Leung v. Verdugo Hills Hospital
Order
Sep. 12, 2008
Harvey v. Sybase, Inc.
Order
Sep. 12, 2008
Nadaf-Rahrov v. Neiman Marcus Group Inc.
Employee shows ability to perform essential job functions for purposes of disability discrimination claim.
Employment Law Sep. 12, 2008
Hassan v. Chertoff
Court lacks jurisdiction to review government actions challenged by plaintiff denied admission to United States.
Immigration Sep. 12, 2008
The Lands Council v. McNair
Order
Sep. 12, 2008
Dumontier v. Schlumberger Technology Corp.
Subcellular damage may create risk of disease but does not amount to bodily injury under Price-Anderson Act.
Torts Sep. 12, 2008
Sprint Telephony PCS v. County of San Diego
Local ordinance imposing requirements for wireless facilities does not prohibit Sprint's provision of services in violation of Telecommunications Act.
Government Sep. 12, 2008
Chin v. Namvar
Court properly finds injured painter to be independent contractor, not employee, of shopping center.
Labor Law Sep. 12, 2008
People v. Sinclair
Penal Code Section 12022.53 mandates imposition of 10-year gun use enhancement where only combination of other enhancements provide for greater penalty.
Criminal Law and Procedure Sep. 11, 2008
Dornbirer v. Kaiser Foundation Health Plan Inc.
Ambiguous disclosure by arbitrator is insufficient to vacate arbitration award.
Civil Procedure Sep. 11, 2008
Chaffer v. Lockyer
Order
Sep. 11, 2008
McDonald v. Coldwell Banker
Potential home buyer who does not meet terms of seller fails to establish prima facie claim of discrimination against listing agents.
Business Law Sep. 11, 2008
U.S. v. Waknine
District court commits plain error by failing to discuss 18 U.S.C. Section 3553 factors in rendering sentence.
Criminal Law and Procedure Sep. 11, 2008
Figueroa v. Mukasey
Immigration judge applies improper legal standard in determining whether aliens demonstrated removal would result in sufficient hardship on children.
Immigration Sep. 11, 2008
U.S. v. Lopez-Martinez
Defendant fails to show judge had actual or implied bias in case involving conviction for conspiracy to bring aliens to United States.
Criminal Law and Procedure Sep. 11, 2008
Equal Employment Opportunity Commission v. Federal Express Corp.
Equal Employment Opportunity Commission has subpoena power pursuant to its authority to investigate following issuance of right-to-sue letter.
Employment Law Sep. 11, 2008
Mills v. U.S. Bank
Plaintiffs have no cause of action where bank deposits checks missing endorsements into customer's account.
Banking Sep. 11, 2008
People v. Dominguez
Amendment to information is improper where trial evidence of unauthorized use of car was not presented at preliminary hearing.
Criminal Law and Procedure Sep. 11, 2008
Fall River Rural Electric Cooperative Inc. v. Federal Energy Regulatory Commission
Application to develop hydroelectric power facility is denied due to proposed substantial alterations to existing licensee's project.
Administrative Agencies Sep. 11, 2008
People v. Pool
Court properly instructs jury that defendant's knowledge of strangled girlfriend's fetus is not prerequisite to murder conviction.
Criminal Law and Procedure Sep. 11, 2008
Dept. of Corrections and Rehabilitation v. WCAB (Alexander)
WCAB properly declined to apportion heart injury where Labor Code Section 4663(e) declared existing law when enacted.
Workers' Compensation Sep. 11, 2008
Gonzalez v. Superior Court (People)
Court must recall warrant and detainer where defendant 'remains to be sentenced' and is not brought to trial or for sentencing within 90 days.
Criminal Law and Procedure Sep. 11, 2008
Edwards v. Ayers
In death penalty case involving killing of young girl, jury is properly instructed on 'lying in wait' special circumstance.
Criminal Law and Procedure Sep. 10, 2008
Chaffer v. Prosper
Order
Sep. 10, 2008
David V., a Minor
Expert testimony revealing that bicycle footrest could be used as weapon is admissible to uphold finding that juvenile possessed metal knuckles.
Juveniles Sep. 10, 2008
Catlin v. Superior Court (People)
Motion for postconviction discovery brought 17 years after conviction is denied where defendant did not file within reasonable time period.
Criminal Law and Procedure Sep. 10, 2008
U.S. v. Weyhrauch
Federal honest services mail fraud prosecution does not need proof of simultaneous violation of state law
Criminal Law and Procedure Sep. 10, 2008