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Name Category Published
Poole v. Carter
Order
Jun. 27, 2008
Woods & Erickson v. Leonard (In re AVI Inc.)
Trustee may pursue action to recover from subsequent transferee even if initial transfer has not been avoided.
Bankruptcy Jun. 26, 2008
Exxon Shipping Co. v. Baker
In oil spill case, maximum punitive damages is $507.5 million based on punitive-to-compensatory ratio.
Maritime Law Jun. 26, 2008
Giles v. California
Theory of forfeiture by wrongdoing is not exception to Sixth Amendment's confrontation requirement.
Criminal Law and Procedure Jun. 26, 2008
Plains Commerce Bank v. Long Family Land & Cattle Co. Inc.
Tribal court does not have jurisdiction to adjudicate discrimination claim concerning non-Indian bank's sale of fee land to non-Indians.
Native American Affairs Jun. 26, 2008
Kennedy v. Louisiana
Capital punishment for child rape is unconstitutional.
Criminal Law and Procedure Jun. 26, 2008
Morgan v. Mukasey
Evidence does not support lack of credibility determination because reasonings do not go to heart of petitioner's claims of past persecution.
Immigration Jun. 26, 2008
United States v. Tsui
Prisoners serving foreign sentences in United States are not entitled to their good time credits earned abroad.
Prisoners Rights Jun. 26, 2008
Clark v. Astrue
42 U.S.C. Section 406(b) does not limit combined fees awarded under Section 406(a) and Section 406(b).
Attorneys Jun. 26, 2008
United States v. Locklin
No conviction for underlying offense is required to be convicted of failure to appear.
Criminal Law and Procedure Jun. 26, 2008
The Lands Council v. Martin
U.S. Forest Service's definition of 'live trees' is upheld as rational explanation in relation to logging in areas affected by fires.
Environmental Law Jun. 26, 2008
Estate of Safai
Minor who brings petition through guardian ad litem does not 'voluntarily' participate in trust contest or violate no contest clause.
Probate and Trusts Jun. 26, 2008
People v. Superior Court (George)
In order to recommit defendant as sexually violent predator, it is sufficient to prove that public safety requires his confinement or supervised release.
Criminal Law and Procedure Jun. 25, 2008
Barr v. WCAB
Report's admissibility as evidence under Labor Code Section 5703 lacks bearing on Workers' Compensation Appeals Board's authority to award costs for preparation.
Workers' Compensation Jun. 25, 2008
United States v. 87.98 Acres of Land More or Less in the County of Merced
Expert testimony regarding specific EMF levels in just compensation cases can be limited to public's perception.
Real Property Jun. 25, 2008
United States v. 14.02 Acres of Land More or Less in Fresno County
'Public use' requirement is met in takings case where easements were sought to construct high-voltage transmission line.
Constitutional Law Jun. 25, 2008
Le v. Astrue
Where plaintiff visits doctor five times over three years, government is substantially justified in holding psychologist was not treating doctor.
Administrative Agencies Jun. 25, 2008
Espinosa v. United Student Aid Funds Inc.
Under discharge order confirmed by bankruptcy court, defendant was free to collect its debt from plaintiff.
Bankruptcy Jun. 25, 2008
Duncan v. Ornoski
Death sentence is set aside where lawyer's failure to present exculpatory serological evidence prejudices defendant with respect to jury's special circumstance finding.
Criminal Law and Procedure Jun. 25, 2008
Tyrone B. v. Superior Court (People)
Juvenile court cannot defer its decision to consider appointment of expert to evaluate petitioner's competency.
Juveniles Jun. 25, 2008
Talbott v. Hustwit
Code of Civil Procedure Section 580a does not apply where trust arrangement removed debtor status and defendants are deemed guarantors.
Real Property Jun. 24, 2008
Sprint Communications Co. v. APCC Services Inc.
Billing and collection firms meet Article III standing requirements to seek compensation from long-distance carriers on behalf of payphone operators.
Constitutional Law Jun. 24, 2008
Nunez v. United States
Order
Jun. 24, 2008
Rothgery v. Gillespie County
Criminal defendant's initial appearance before judge marks initiation of adversary proceedings that trigger attachment of Sixth Amendment right to counsel.
Criminal Law and Procedure Jun. 24, 2008
Stephenson v. United States
Order
Jun. 24, 2008
Greenlaw v. U.S.
Absent government appeal or cross-appeal, appellate court may not order increase in defendant's sentence.
Criminal Law and Procedure Jun. 24, 2008
Estate of Roxas
Order
Jun. 24, 2008
Pacific Bell Telephone Co. v. Linkline Communications
Order
Jun. 24, 2008
AT&T Corp. v. Hulteen
Order
Jun. 24, 2008
Ministry of Defense of Iran v. Elahi
Order
Jun. 24, 2008