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Name Category Published
Donell v. Kowell
Innocent investor in Ponzi scheme is required to disgorge profits as fraudulent transfers pursuant to Uniform Fraudulent Transfer Act.
Securities Jul. 2, 2008
Kawashima v. Mukasey
Immigrants are not removable where crimes they are convicted of do not contain monetary loss element required to show aggravated felony.
Immigration Jul. 2, 2008
Pesnell v. Arsenault
Constitutional claims are not necessarily foreclosed by statutory bar of Federal Tort Claims Act.
Torts Jul. 2, 2008
Mangano v. United States
Civil Service Reform Act preempts claims brought under Federal Tort Claims Act even where plaintiff is part-time Veteran's Administration physician.
Torts Jul. 2, 2008
Hearns v. San Bernardino Police Dept.
Plaintiff's complaints alleging race-based discrimination do not warrant dismissal under Federal Rule of Civil Procedure 8.
Civil Procedure Jul. 2, 2008
County of San Diego v. State of California
Writ of mandate against State is vacated where order directing Legislature to appropriate funds violates separation of powers doctrine.
Government Jul. 2, 2008
Espericuenta v. Shewry
There is no basis for striking or extinguishing Medi-Cal lien where there has already been judicial allocation for medical expenses.
Juveniles Jul. 2, 2008
Opinion of Brown
Where petition for incorporation sets forth boundaries of proposed incorporation, Local Agency Formation Commissions are authorized to enlarge those boundaries.
Government Jul. 1, 2008
People v. Mitchell
Failure to object to instructional error forfeits objection on appeal unless defendant's substantial rights are affected.
Criminal Law and Procedure Jul. 1, 2008
Sanders v. Lawson
Trial court improperly awarded trustee fees for his services where fees are not authorized under Elder Abuse Act.
Civil Procedure Jul. 1, 2008
Schwartz v. Lawson
Court has authority to suspend trustee's powers for perceived breaches pursuant to petition to settle account under Probate Code Section 17200.
Probate and Trusts Jul. 1, 2008
Securities and Exchange Commission v. Talbot
Board member has duty to keep information confidential and breaches duty by trading.
Corporations Jul. 1, 2008
U.S. v. Harrell
When property in question is no longer needed for evidentiary purposes, property owner has presumptive rights to its return.
Criminal Law and Procedure Jul. 1, 2008
U.S. v. Mayer
Motion to suppress is properly denied where officers had probable cause to believe defendant lived at residence they searched.
Criminal Law and Procedure Jul. 1, 2008
U.S. v. Davis
Seizure effected by law enforcement while executing valid search warrant is constitutional.
Criminal Law and Procedure Jul. 1, 2008
Dickson v. Rehmke
Where party is dissatisfied with valuation process pursuant to motion to avoid dissolution, alternative decree is relevant action to be appealed.
Corporations Jul. 1, 2008
People v. Whisenhunt
Sufficient evidence of deliberation exists to uphold death sentence for first degree murder involving infliction of torture on infant.
Criminal Law and Procedure Jul. 1, 2008
People v. Salcido
Defendant convicted of six counts of murder may not challenge validity of his seizure in Mexico.
Criminal Law and Procedure Jul. 1, 2008
People v. Wycoff
In 'Pitchess' motion case, custodian of records who did not produce entire file for review must establish what documents were included in file.
Criminal Law and Procedure Jul. 1, 2008
Central Valley AG Enterprises v. United States
District court is granted subject matter jurisdiction to review tax treatment where partnership items were never contested before Tax Court.
Bankruptcy Jun. 30, 2008
State Farm Fire and Casualty Co. v. Superior Court (Wright)
Insurance company owes duty to defend insuree who did not intend to inflict injuries suffered by plaintiff.
Insurance Jun. 30, 2008
Absher v. Autozone Inc.
Statute preventing merchants from requesting personal information from customers using credit cards cannot apply to refunds on merchandise purchased by credit cards.
Business Law Jun. 30, 2008
S.B., a Minor
Court errs in refusing to apply exception to termination of parental rights to father who has continuing beneficial relationship with dependent daughter.
Family Law Jun. 30, 2008
People v. Davis
Peremptory challenges that excused African-American jurors are allowed where potential juror was not punctual and other excusal was due to ‘hunch.’
Criminal Law and Procedure Jun. 30, 2008
People v. Boyle
Amended Sexually Violent Predator Act does not violate ex post facto provisions of federal and state Constitutions.
Criminal Law and Procedure Jun. 30, 2008
Murphy v. Murphy
Where issues of fraud and undue influence are adjudicated by substituted judgment, action raising identical issues is barred by collateral estoppel.
Probate and Trusts Jun. 30, 2008
Sempra Generation v. Public Utilities Comm.
Order
Jun. 30, 2008
Coeur Alaska Inc. v. Southeast Alaska Conservation
Order
Jun. 30, 2008
Knowles, Warden v. Mirzayance
Order
Jun. 30, 2008
United States v. Vasquez-Ramos
Non-tribal members who possess bald and golden eagle parts without permit cannot claim their prosecution violates Religion Freedom Restoration Act.
Constitutional Law Jun. 30, 2008