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Name Category Published
People v. Albillar
Convictions are proper where defendants impliedly consented to reseating of juror as alternative remedy for 'Wheeler-Batson' violation.
Criminal Law and Procedure May 6, 2008
Doran v. 7-Eleven Inc.
ADA plaintiff has standing to sue for injunctive relief for all barriers in 7-Eleven store pertaining to his specific disability.
Civil Rights May 5, 2008
Pinholster v. Ayers
District court correctly denies defendant's request for evidentiary hearing based on ineffective assistance of counsel.
Criminal Law and Procedure May 5, 2008
Chen v. Mukasey
Court defers to decision to deny asylum to alien who does not qualify under 8 U.S.C. Section 1229a(c)(7).
Immigration May 5, 2008
Lane v. Dept. of the Interior
Where FOIA cases involve propriety of revealing certain documents, court has discretion to rule on summary judgment motion before allowing discovery.
Employment Law May 5, 2008
People v. Mohammed
Conviction for failure to appear while on recognizance is reversed where defendant never signed release agreement proving she was out on bail.
Criminal Law and Procedure May 5, 2008
Brawley v. J.C. Interiors Inc.
Although both sides breached contract, court is directed to award no damages under Code of Civil Procedure Section 877.
Civil Procedure May 2, 2008
People v. Martinez
Order
May 2, 2008
Simpson Strong-Tie Co. Inc. v. Gore
In manufacturer's action for defamation and trade libel, attorney's statements in advertisement do not fall within statutory exclusion of anti-SLAPP law.
Civil Procedure May 2, 2008
Blickman Turkus v. MF Downtown Sunnyvale
Lessee's agent did not have contractual duty to disclose lessee's financial difficulties to lessor, who was not client of agent.
Torts May 2, 2008
EnPalm v. Teitler Family Trust
Trial court properly applied equitable principles to reduce attorney fee award after defendants were awarded judgment in fraud and breach of contract action.
Civil Procedure May 2, 2008
People v. Kelly
Defendant received fair ‘Wheeler/Batson’ hearing where prosecutor substantiated her reasons for dismissing prospective jurors.
Criminal Law and Procedure May 2, 2008
Antelope Valley Press v. Poizner (State Compensation Insurance Fund)
Substantial evidence supports administrative findings and decision that newspaper delivery carriers are employees, not independent contractors.
Workers' Compensation May 2, 2008
People v. Paredes
Order
May 2, 2008
Baker v. Osborne Development Corp.
Order
May 2, 2008
Forest Service Employees for Environmental Ethics v. U.S. Forest Service
Forest Service is not required to release identities of agency personnel who responded to wildfire that killed two employees.
Torts May 2, 2008
U.S. v. Tapia-Romero
In determining appropriate term of imprisonment, sentencing judge cannot consider cost of imprisonment to society as factor under 18 U.S.C. Section 3553(a).
Criminal Law and Procedure May 2, 2008
Stormans Inc. v. Selecky
Order
May 2, 2008
Lesly G., a Minor
Juvenile court errs in terminating parental rights after denying--and failing to hold required hearing on--mother's petition for modification.
Family Law May 2, 2008
Delaware Valley Surgical Supply Inc. v. Johnson & Johnson
Plaintiff lacks standing to pursue antitrust claim because it is not 'direct purchaser' of defendant's products.
Antitrust May 1, 2008
Bering Strait Citizens for Responsible Resource Devt. v. U.S. Army Corps of Engineers
Engineers properly discount alternatives to discharging dredge from gold mines into Alaskan wetlands before issuing permit under Clean Water Act.
Environmental Law May 1, 2008
Wang v. Valverde
Applicant’s act of cheating on application for class B driver's license did not permit DMV to revoke applicant’s existing class C license.
Administrative Agencies May 1, 2008
Tan v. Arnel Management Co.
Prior similar incidents of violence in ungated parking area of apartment complex impose duty of care on property owners.
Torts May 1, 2008
Kaplan v. Mamelak
Plaintiff should have been allowed to use discovery methods to show why notice of intent to sue for medical malpractice was untimely served.
Torts May 1, 2008
Bay Area Cellular Telephone Co. v. City of Union City
City's fee on telephone lines to fund 911 emergency system is special tax requiring approval by two-thirds vote under Proposition 218.
Government May 1, 2008
Roman v. Liberty University Inc.
California court does not err in quashing service of summons for lack of personal jurisdiction over Virginia based university.
Civil Procedure May 1, 2008
Everett v. State Farm General Insurance Co.
Because insurance policy is contract, when its terms are unambiguous, court has duty to enforce contract as agreed upon by parties.
Contracts May 1, 2008
Mendez v. Superior Court (People)
Trial court may consider information not presented at Section 1050 hearing in ruling on motion to dismiss case under Section 1382.
Criminal Law and Procedure May 1, 2008
Clark v. Time Warner Cable
Court’s referral of ‘anti-slamming’ claim to FCC is proper under primary jurisdiction doctrine because it presents novel question of federal telecommunications policy.
Civil Procedure May 1, 2008
Hernandez v. Mukasey
Reliance upon advice of non-attorney cannot form basis of claim for ineffective assistance of counsel in removal proceeding.
Immigration May 1, 2008