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Name Category Published
McMurtrey v. Ryan
Defendant's due process rights are violated where substantial evidence indicates need to hold hearing as to competency to stand trial. 		Criminal Law and Procedure Aug. 22, 2008
Lowery v. Channel Communications Inc. (In re Cellular 101 Inc.)
Debtor who fails to raise defense of settlement and release while appeal is pending forfeits that defense in later proceeding. 		Bankruptcy Aug. 22, 2008
In re Shaputis
Evidence indicates unsuitability for parole where petitioner who denies responsibility for wife's murder currently poses danger to society. 		Criminal Law and Procedure Aug. 22, 2008
In re Lawrence
Court of Appeal properly determines 'some evidence' does not support Governor's conclusion that petitioner remains current danger to public safety. 		Criminal Law and Procedure Aug. 22, 2008
Americredit Financial Services Inc. v. Penrod (In re Penrod)
Portion of creditor's collateral securing debtor's negative equity is not purchase money security interest under Bankruptcy Code's 'hanging paragraph.' 		Bankruptcy Aug. 22, 2008
Hurlic v. Southern California Gas Company
Plaintiffs' claims based on Employee Retirement Income Security Act of 1974 are properly dismissed. 		Employment Law Aug. 21, 2008
Carr Business Enterprises Inc. v. City of Chowchilla
Stipulated judicial reference agreement to equally split referee's fees precludes prevailing party from recovering half of referee's fees as costs. 		Contracts Aug. 21, 2008
People v. Page
Admission of pornographic magazines is harmless where overwhelming evidence establishes defendant murdered and committed lewd act upon girl. 		Criminal Law and Procedure Aug. 21, 2008
Piscitelli v. The Salesian Society
Impeachment evidence of cleric's sex abuse conviction is admissible to show bias, regardless of underlying crime's relation to traits of honesty. 		Criminal Law and Procedure Aug. 21, 2008
Carr Business Enterprises Inc. v. City of Chowchilla
Attorney fee request is properly denied where prevailing party relies on standard indemnity clause applying only to third-party claims. 		Contracts Aug. 21, 2008
Clayworth v. Pfizer Inc.
Pharmacies who 'pass-on' claimed overcharges to customers are not injured by price-fixing. 		Antitrust Aug. 20, 2008
The Zumbrun Law Firm v. California Legislature
Separation of powers doctrine is not violated where California Legislature's committee contracted with company for construction of security barriers. 		Constitutional Law Aug. 20, 2008
David H., a Minor
Juvenile court properly finds against mother where prior beating poses substantial risk of danger to child. 		Family Law Aug. 20, 2008
People v. Meneses
Trial court has no sua sponte duty to instruct on mistake of fact defense only raised during appeal. 		Criminal Law and Procedure Aug. 20, 2008
U.S. v. Hernandez-Orellana
Women who participate in conspiracy to smuggle aliens but act entirely on domestic soil do not 'bring them to' United States. 		Criminal Law and Procedure Aug. 20, 2008
Boschetto v. Hansing
Sale of automobile over eBay does not provide sufficient minimum contacts to support personal jurisdiction over non-resident defendant in buyer's forum state. 		Civil Procedure Aug. 20, 2008
Koninklijke Philips Electronics N.V. v. KXD Technology Inc.
Appeal is dismissed where district court's contempt order against defendants is plainly civil. 		Civil Procedure Aug. 20, 2008
El Comite para el Bienestar de Earlimart v. Warmerdam
Baseline methodology is not enforceable emission standard within meaning of Clean Air Act. 		Environmental Law Aug. 20, 2008
Theme Promotions Inc. v. News America Marketing FSI
Right of first refusal agreements between publisher of coupon inserts and packaged goods companies violate California antitrust law. 		Antitrust Aug. 20, 2008
Mahdavi v. Superior Court (Portofino Beach Inn)
Defendant previously declared vexatious litigant may file appeal without permission from presiding judge. 		Civil Procedure Aug. 20, 2008
Golden West Refining Co. v. SunTrust Bank
Company does not waive right to seek remedy for wrongful dishonor of 'non-perpetual' letter of credit. 		Contracts Aug. 19, 2008
Center for Biological Diversity v. National Highway Traffic Safety Aministration
National Highway Traffic Safety Administration must reconsider standards setting forth fuel economy regarding backstop setting fleet wide averages for vehicle manufacturers. 		Environmental Law Aug. 19, 2008
Yabsley v. Cingular Wireless LLC
Safe harbor in California Code of Regulations Section 1585 protects cellular phone retailer basing taxes on phone’s original rather than discounted price. 		Business Law Aug. 19, 2008
Nasim v. Los Robles Regional Medical Center
Retroactive application of new rule requiring board certification in specialty areas impermissibly denies nephrologist vested right to maintain hospital privileges. 		Constitutional Law Aug. 19, 2008
Stoltie v. Tilton
Confusing explanation of reasonable doubt provided to jury by trial judge is clear error. 		Criminal Law and Procedure Aug. 19, 2008
Aaron D., a Minor
California court with limited emergency jurisdiction over children must contact Texas court as soon as possible after learning of pending custody proceedings. 		Family Law Aug. 19, 2008
L.M. v. Capistrano Unified School District
District court improperly finds procedural violation of Individuals with Disabilities Education Act significantly restricted parents' right to participate in autistic child's education. 		Civil Rights Aug. 19, 2008
Oltman v. Holland America Line Inc.
Equitable tolling is allowed when claim was filed in improper venue despite contractual limitations to the contrary. 		Contracts Aug. 19, 2008
Sowe v. Mukasey
BIA must determine whether atrocity of past persecution justifies granting relief to asylum applicant whose fear of future persecution has been rebutted. 		Immigration Aug. 19, 2008
Cui v. Mukasey
Immigration Judge abuses discretion in refusing to grant applicant continuance to resubmit fingerprints for security check required for withholding of removal. 		Immigration Aug. 19, 2008
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