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Name Category Published
Usef S., a Minor
Juvenile court has no duty to hold suitability hearing for deferred entry of judgment program if minor insists upon having contested jurisdictional hearing.
Juveniles Feb. 21, 2008
In re Corona
Failure to waive psychotherapist-patient privilege is not sufficient basis to revoke parole.
Criminal Law and Procedure Feb. 21, 2008
People v. Taylor
Appeals from civil commitments under Mentally Disordered Offender Act are exempt from 'Anders/Wende' judicial review requirements.
Criminal Law and Procedure Feb. 21, 2008
People v. Verdugo
Order
Feb. 21, 2008
Uybungco v. S.C. (San Diego Police)
Order
Feb. 21, 2008
Pugh v. W.C.A.B. (County of Los Angeles)
Order
Feb. 21, 2008
People v. Kelly (Douglas Oliver)
Order
Feb. 21, 2008
Metcalf v. County of San Joaquin
Because County was neither negligent in creating dangerous condition nor had notice of condition, it is not liable for plaintiff's injuries.
Government Feb. 21, 2008
Jada Toys Inc. v. Mattel Inc.
In trademark infringement case, district court errs by only considering one ‘Sleekcraft’ factor in its likelihood of confusion analysis.
Intellectual Property Feb. 21, 2008
Terbush v. United States
Government agency’s alleged negligence in maintaining wastewater system may be covered by discretionary function exception to Federal Tort Claims Act.
Torts Feb. 21, 2008
LaRue v. DeWolff, Boberg & Associates Inc.
ERISA Section 502(a)(2) permits recovery for fiduciary breaches that diminish value of plan assets in participant's individual account.
Employment Law Feb. 20, 2008
Preston v. Ferrer
Where parties have agreed to arbitrate contractual disputes, Federal Arbitration Act supersedes state laws concerning primary jurisdiction.
Contracts Feb. 20, 2008
Rowe v. New Hampshire Motor Transport Association
Federal law pre-empts Maine's recipient-verification and deemed-to-know provisions regulating motor carriers that transport unlicensed tobacco.
Constitutional Law Feb. 20, 2008
Riegel v. Medtronic Inc.
Pre-emption clause of federal law bars state damages suit challenging safety or effectiveness of medical device which received premarket approval from FDA.
Constitutional Law Feb. 20, 2008
Titan Electric Corp. v. Los Angeles Unified School District
School district's consent to substitution of subcontractor is valid where substitution procedure complied in substance with reasonable objective of statute.
Contracts Feb. 20, 2008
Danforth v. Minnesota
Federal law does not prevent state court from giving broader retroactive effect to new rule of criminal procedure.
Criminal Law and Procedure Feb. 20, 2008
People v. Reyes
No material difference exists between language found constitutional in CALJIC No. 2.50.02 and CALCRIM No. 852.
Criminal Law and Procedure Feb. 20, 2008
Cook v. Schriro
Man who allegedly sodomized and killed two victims voluntarily waives counsel after accepting previously appointed attorney as advisory counsel.
Criminal Law and Procedure Feb. 20, 2008
U.S. v. Murphy
Warrantless search made after defendant has denied consent but another individual with common authority has consented is invalid as to defendant.
Criminal Law and Procedure Feb. 20, 2008
Arrington v. Daniels
Under Section 706 of Administrative Procedure Act, Bureau of Prisons fails to provide valid rationale for categorical exclusion rule.
Administrative Agencies Feb. 20, 2008
People v. Enriquez
Trial court erred in revoking Proposition 36 probation where petitions for revocation could be treated as single petition.
Criminal Law and Procedure Feb. 20, 2008
Goldman v. Simpson
State court retains jurisdiction to enter renewal of civil judgment against O.J. Simpson despite Simpson’s move to Florida.
Civil Procedure Feb. 20, 2008
Berardi v. Superior Court (People)
Under 'two dismissal rule,' in order to bar further prosecution of felony, at least two actions against defendant must have been previously terminated.
Criminal Law and Procedure Feb. 20, 2008
People v. Kelly
Video presentation that factually and realistically portrays murder victim’s life and supplements testimony by sole victim-impact witness is admissible.
Criminal Law and Procedure Feb. 20, 2008
Whitlock v. Foster Wheeler
New trial is properly granted where court's finding of prejudicial juror misconduct is not abuse of discretion.
Torts Feb. 19, 2008
People v. Mayberry
Weighted workout glove containing sand in palm area is not 'sandclub' or 'sandbag' for purposes of statute prohibiting possession of dangerous weapon.
Criminal Law and Procedure Feb. 19, 2008
Animal Legal Defense Fund v. Mendes
Causes of action based on alleged violation of state anti-cruelty laws may not be pursued by private parties in civil court.
Civil Procedure Feb. 19, 2008
California Public Employees' Retirement System v. Superior Court (Trobee)
Whistleblower is collaterally estopped from relitigating findings litigated in quasi-adjudicatory proceedings before State Personnel Board.
Employment Law Feb. 19, 2008
Opinion of Brown
Settlement agreement resolving litigation between city and city council member may be invalidated under Government Code Section 1090.
Government Feb. 19, 2008
Robinson v. Lehman
Order
Feb. 19, 2008