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Name Category Published
Reichert v. National Credit Systems Inc.
Debt collector fails to establish bona fide error defense under Fair Debt Collection Practices Act. 		Business Law Jul. 8, 2008
U.S. v. Rodriquez
Order 		Jul. 8, 2008
Molski v. Arciero Wine Group
Winery is properly awarded attorney fees in state court action where plaintiff seeks injunctive relief for remediated violations of disability access statutes. 		Civil Procedure Jul. 8, 2008
People v. Picklesimer
If judgments against defendants are affirmed, original judgments must be enforced. 		Criminal Law and Procedure Jul. 7, 2008
People v. Carrasco
Where defendant enters sheriff's station, reaches into bag with gasoline in it, and holds lighter in hand, attempted arson conviction is upheld. 		Criminal Law and Procedure Jul. 7, 2008
Jamison v. Jamison
Due to failure to timely move for new trial, adequacy of owelty award is precluded from being challenged on appeal. 		Real Property Jul. 7, 2008
Carrington v. United States
Order 		Jul. 7, 2008
General Electric Capital Corp. v. Future Media Productions Inc.
Where loan agreement resulted in default, bankruptcy court must determine on remand whether award of attorney fees is proper. 		Bankruptcy Jul. 7, 2008
State of Alaska v. EEOC
Order 		Jul. 7, 2008
Tablada v. Thomas
Bureau of Prisons' methodology for calculating good time earned under 18 U.S.C. Section 3624(b) is both reasonable and persuasive. 		Prisoners Rights Jul. 7, 2008
Crowley Marine Services Inc. v. Maritrans Inc.
District court's allocation of liability using comparative fault standard is upheld where plaintiff argues overtaking vessel caused collision. 		Maritime Law Jul. 7, 2008
Curcini v. County of Alameda
Labor Code sections do not apply to defendant charter county where plaintiffs raise claims involving employee compensation. 		Employment Law Jul. 3, 2008
Center for Bio-Ethical Reform Inc. v. Los Angeles County Sheriff Dept.
Pro-life organization's First Amendment right of free speech is violated where photographs of fetuses are shown outside of public school. 		Constitutional Law Jul. 3, 2008
U.S. v. Evans-Martinez
Fed. R. Crim. P. 32(h) requires district courts to provide notice of possible departures from Sentencing Guideline ranges. 		Criminal Law and Procedure Jul. 3, 2008
U.S. v. Warr
District court's imposition of sentence above advisory guidelines is reasonable where defendant has numerous psychological problems and is dangerous to public. 		Criminal Law and Procedure Jul. 3, 2008
Sgro v. Danone Waters of North America Inc.
Court properly dismisses employee's claim that employer and MetLife violated ERISA's regulation on 'claims procedures.' 		Employment Law Jul. 3, 2008
People v. Miller
Assault with deadly weapon conviction is reversed where court erroneously informed jury that crime did not contain awareness element. 		Criminal Law and Procedure Jul. 3, 2008
Conservatorship of David L.
Courts must provide prospective conservatees who have requested substitute appointed counsel opportunity to personally state reasons for request. 		Conservatorship Jul. 3, 2008
Sunset Skyranch Pilots Association v. County of Sacramento (Taylor)
CEQA may require environmental analysis be conducted before state agency can deny project or permit. 		Environmental Law Jul. 3, 2008
Fisher Tool Co. Inc v. Gillet Outillage
There is no malicious prosecution where defendants show they consulted with their lawyer in good faith and acted upon advice given. 		Intellectual Property Jul. 2, 2008
Mardardo F. v. Superior Court (Yolo County Dept. of Employment and Social Services)
Welfare and Institutions Code Section 361.5(b)(4) applies to any parent or guardian in current dependency proceedings that has previous killed any child. 		Juveniles Jul. 2, 2008
Stathoulis v. City of Montebello
In light of circumstances contributing to plaintiff's fall due to dangerous condition, city cannot escape liability by claiming potholes are trivial defects. 		Government Jul. 2, 2008
USAA Federal Savings Bank v. Thacker (In re Taylor)
Bank fails to make timely filings to protect security interest under Bankruptcy Code Section 547. 		Bankruptcy Jul. 2, 2008
Christian v. Flora
Plaintiffs prevail in action to quiet title in easement where new parcel map depicting road over easement amends previous map. 		Real Property Jul. 2, 2008
Waltrip v. Kimberlin
Where creditor's lien and attorney lien on proceeds are competing, attorney lien takes priority regardless of creditor’s lien being first in time. 		Attorneys Jul. 2, 2008
Ontiveros v. DHL Express (USA) Inc.
Arbitration agreement is deemed unconscionable where provision provides arbitrator exclusive authority to decide on enforceability issues. 		Contracts Jul. 2, 2008
People v. Lewis
For purposes of Penal Code Section 12021, previous felony cannot serve as basis of charge where conviction has been reduced to misdemeanor. 		Criminal Law and Procedure Jul. 2, 2008
Cheyanne F., a Minor
Omission of information concerning non-Indian relatives is harmless error if notice included all known information about Indian parent. 		Native American Affairs Jul. 2, 2008
Duarte v. Bardales
Order 		Jul. 2, 2008
U.S. v. Byun
Plaintiff convicted of importing minor into United States for prostitution must register as sex offender even though conviction is not clearly specified. 		Criminal Law and Procedure Jul. 2, 2008
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