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Name Category Published
Wolf v. Walt Disney Pictures and Television
Court improperly permits jury to interpret meaning of contract term in Roger Rabbit creator's breach of contract action against Disney.
Contracts May 12, 2008
Royal Indemnity Co. v. United Enterprises, Inc.
Third party who is not contractual party with insurer and is not insured lacks standing to sue insurer to resolve coverage questions.
Civil Procedure May 9, 2008
Moss v. County of Humboldt
Court focuses on new and substantially important information in determining whether second environmental impact report is appropriate under CEQA.
Environmental Law May 9, 2008
Opinion of Brown
City council member may be paid fee where he is only certified drug tester in immediate area who is available to perform test.
Government May 9, 2008
People v. Varghese
Court did not err in refusing to allow defendant to conduct confidential DNA testing on bloodstain found at murder scene.
Criminal Law and Procedure May 9, 2008
Travelers Casualty and Surety Co. v. Pacific Gas and Electric Co.
Order
May 9, 2008
U.S. v. Mendoza
Defendant's speedy-trial right is violated where eight-year delay between indictment and arrest is result of government's negligence.
Criminal Law and Procedure May 9, 2008
Mendez-Mendez v. Mukasey
Alien's due process rights are not violated where he receives full hearing and has three months to file applications for relief.
Immigration May 9, 2008
Air Line Pilots Association v. NLRB
National Labor Relations Board does not have jurisdiction over dispute when all parties are subject to Railway Labor Act.
Labor Law May 9, 2008
U.S. v. Pete
Time when certiorari petitions in interlocutory appeal are pending is excludable from Speedy Trial Act's requirements.
Criminal Law and Procedure May 9, 2008
People v. Watson
Defendant is properly sentenced to death where evidence proves he fatally shot two people in gang-related shooting.
Criminal Law and Procedure May 9, 2008
Estate of Herold
Court finds that 'no contest' clause in testator's will cannot be incorporated by reference into decree of distribution.
Probate and Trusts May 8, 2008
Family Home and Finance Center Inc. v. Federal Home Loan Mortgage Corp.
Summary judgment is properly granted for defendant where there is no admissible evidence of interference with plaintiff's contract.
Torts May 8, 2008
Block v. Orange County Employees' Retirement System
'Disability allowance' means all benefits member receives from reciprocal systems or CalPERS for retiring concurrently due to disability, regardless of label.
Employment Law May 8, 2008
Serrano v. Stefan Merli Plastering Co. Inc.
Court has authority to require deposition reporter to provide non-noticing party with copy of deposition transcript in pending action for reasonable fee.
Civil Procedure May 8, 2008
In re Ellis
Intent of Domestic Partner Act is to apply equitable putative spouse doctrine to persons with reasonable, good faith belief in validity of domestic partnerships.
Family Law May 7, 2008
Profit Concepts Management Inc. v. Griffith
Grant of motion to quash service for lack of personal jurisdiction makes Oklahoma defendant prevailing party entitled to attorney fees under contract.
Contracts May 7, 2008
People v. Gemmill
Limited warrantless search of home is allowed in light of unresponsive occupants and absence of information to dispel suspicions of injury.
Criminal Law and Procedure May 7, 2008
Silaya v. Mukasey
Philippine native subjected to past persecution on account of imputed political opinion is eligible for asylum.
Immigration May 7, 2008
Matter of DeRoche
Order
May 7, 2008
U.S. v. Chapman
Double Jeopardy Clause of Fifth Amendment does not bar government's appeal, but dismissal of indictment is still proper.
Government May 7, 2008
Johnson v. Neilson (In re Slatkin)
Bankruptcy court properly admits debtor's plea agreement to conclusively establish he operated Ponzi scheme with actual intent to defraud creditors.
Bankruptcy May 7, 2008
Estrada-Espinoza v. Mukasey
Order
May 7, 2008
People v. Bhakta
Motel enjoined from facilitating prostitution under Red Light law is not entitled to jury trial in action to abate public nuisance.
Civil Procedure May 7, 2008
Torres v. City of Madera
Arrestee mistakenly shot by officer's pistol instead of stun gun is deemed 'seized' within meaning of Fourth Amendment.
Criminal Law and Procedure May 6, 2008
Martinez-Merino v. Mukasey
Alien who suffers no prejudice after returning illegally cannot attack reinstatement order by reopening removal order based on procedural defect.
Immigration May 6, 2008
Fakhry v. Mukasey
Immigration judge erred in denying petitioner's application for asylum based on 'changed circumstances' exception to one-year bar on filing asylum claims.
Immigration May 6, 2008
Brown v. Farwell
Defendant is granted petition for writ of habeas corpus due to inaccurate DNA evidence and violations of due process.
Criminal Law and Procedure May 6, 2008
In re Miranda
Petitioner demonstrates he is entitled to habeas corpus relief due to prosecution's misconduct.
Criminal Law and Procedure May 6, 2008
People v. Williams
Failure to instruct jury that witness was accomplice is harmless where evidence does not establish intent to further defendant's criminal purpose.
Criminal Law and Procedure May 6, 2008