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Name Category Published
Western Filter Corp. v. Argan Inc.
Ambiguous provision allowing claims to survive closing date for one year is not contractual statute of limitations reducing limitations period under California law. 		Contracts Aug. 26, 2008
Uhm v. Humana Inc.
Claims against prescription drug plan provider are preempted by federal regulations where Medicare beneficiary enrolled in drug plan but never received benefits. 		Administrative Agencies Aug. 26, 2008
State of California v. Altus Finance S.A.
Court errs in issuing post-verdict order prohibiting Insurance Commissioner from proffering evidence on his principal damages theory. 		Civil Procedure Aug. 26, 2008
Federal Deposit Insurance Corp. v. Kipperman (In re Commercial Money Center Inc.)
Trustee may avoid transfer of debtor's property where investor did not perfect its security interests in lease payments and surety bonds. 		Bankruptcy Aug. 25, 2008
Pearson Dental Supplies Inc. v. Superior Court (Turcios)
Trial court errs in finding employment agreement's one-year arbital limitation period violated unwaivable rights under California Fair Employment and Housing Act. 		Employment Law Aug. 25, 2008
Medrazo v. Honda of North Hollywood
Court improperly denied class action certification where it relied on merits of case. 		Civil Procedure Aug. 25, 2008
Arthur V., a Minor
Two misdemeanor acts of vandalism may be aggregated into single felony offense under 'People v. Bailey.' 		Juveniles Aug. 25, 2008
P.C., a Minor
Child custody case is remanded to determine whether legally sufficient grounds independent of poverty exist to terminate parental rights. 		Family Law Aug. 25, 2008
McDonald v. Checks-N-Advance Inc. (In re Ferrel)
Statutory damages are not available for violations of Truth in Lending Act's disclosure requirements. 		Bankruptcy Aug. 25, 2008
Ritter & Ritter Inc. v. The Churchill Condominium Association
Court properly orders condominium board of directors to notify members that concrete slab penetrations constitute fire hazard. 		Real Property Aug. 25, 2008
Center for Policy Analysis on Trade and Health v. Office of the United States Trade Representative
Lack of meaningful standard of review for 'fairly balanced' requirement of Federal Advisory Committee Act forecloses judicial review. 		Administrative Agencies Aug. 25, 2008
Bull v. City and County of San Francisco
Sheriff is denied qualified immunity where blanket policy allowing strip searches without reasonable suspicion is unconstitutional. 		Criminal Law and Procedure Aug. 25, 2008
Educational Credit Management Corp. v. Coleman (In re Coleman)
Order 		Aug. 25, 2008
U.S. v. Easterday
Conviction for willful failure to pay employee payroll taxes to IRS stands regardless of defendant's inability to pay. 		Criminal Law and Procedure Aug. 25, 2008
Marceau v. Blackfeet Housing Authority
'Sue and be sued clause' in enabling ordinance that created tribal housing authority clearly waived its immunity from suit. 		Native American Affairs Aug. 25, 2008
Stubbs-Danielson v. Astrue
Presumption of disability does not apply where applicant seeks reinstatement of benefits more than one year after non-medical termination. 		Government Aug. 25, 2008
Whistler Invstments Inc. v. Depository Trust and Clearing Corp.
Securities Exchange Act preempts state-law claims against registered clearing agencies in connection with SEC-approved services. 		Securities Aug. 25, 2008
A.C., a Minor
Father's parental rights are properly terminated where his severe mental illness renders him incapable of caring for daughter. 		Family Law Aug. 25, 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 Aug. 25, 2008
People v. Fiu
Trial court errs in imposing consecutive 10-year term for gang enhancement where second degree murder conviction is punishable by life imprisonment. 		Criminal Law and Procedure Aug. 22, 2008
People v. Riffey
Order 		Aug. 22, 2008
Saade (Jalal Khalid) on H.C.
Order 		Aug. 22, 2008
McCarther v. Pacific Telesis Group
Order 		Aug. 22, 2008
Hepting v. AT&T Corp.
Order 		Aug. 22, 2008
Castro de Mercado v. Mukasey
Appellate court lacks jurisdiction to review immigration judge's decision holding couple's removal would not impose exceptional hardship on family. 		Immigration Aug. 22, 2008
Ngo v. Woodford
Prisoner has not exhausted administrative remedies where appeal is made months after limitations period barred federal claim. 		Prisoners Rights Aug. 22, 2008
Garcia de Rincon v. Dept. of Homeland Security
Expedited removal order under Immigration and Nationality Act is not subject to judicial review. 		Immigration Aug. 22, 2008
Pacific Fisheries Inc. v. United States
Court must decide whether factual information has been properly segregated in documents IRS claims are exempt from disclosure under deliberative process privilege. 		Taxation Aug. 22, 2008
Fresh Fruit and Vegetable Workers Local 1096 v. National Labor Relations Board
Employer who delays reinstatement of returning employees for one month after 14-year lockout does not violate National Labor Relations Act. 		Labor Law Aug. 22, 2008
U.S. v. Craighead
Based on totality of circumstances, in-home interrogation is deemed custodial, requiring 'Miranda' warnings. 		Criminal Law and Procedure Aug. 22, 2008
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