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Name Category Published
C.J. W., a Minor
Dependency court practice of issuing ‘internally inconsistent’ orders by using Form JV-180 should be reformed.
Family Law Dec. 12, 2007
Plumbers and Steamfitters, Local 290 v. Duncan (Kramer Properties Inc.)
Plumbing work to improve privately owned building, 63% of which is leased to county after construction, constitutes public work requiring prevailing wage.
Labor Law Dec. 12, 2007
People v. Colbert
Detention is constitutional when officer can point to specific articulable facts providing objective manifestation detainee may be involved in criminal activity.
Criminal Law and Procedure Dec. 12, 2007
U.S. v. Soltero
Court may delegate cost determination authority to probation officer but may not prohibit defendant’s First Amendment rights as condition of supervised release.
Criminal Law and Procedure Dec. 12, 2007
Khalil v. Developers Surety and Indemnity Co. (In re Khalil)
Evidence of reckless indifference to accuracy of bankruptcy schedules and statements of financial affairs may be probative of requisite intent to deceive.
Bankruptcy Dec. 11, 2007
District Council No. 16 of the International Union of Painters & Allied Trades, Glaziers, Architectural Metal & Glass Workers, Local 1621 v. B&B Glass Inc.
'Out-of-area' and 'work preservation' clauses do not allow union to compel arbitration against employer who did not control actual work.
Labor Law Dec. 11, 2007
Securities and Exchange Commission v. Internet Solutions for Business
To vacate prior entry of default judgment, defendant who was aware of prior proceeding against him bears burden of proving service never occurred.
Civil Procedure Dec. 11, 2007
Byrd v. Lewis
Defendant's retention of drunk woman's car 'beyond scope of consent' impermissibly lowers prosecution's burden of proof when used to establish criminal intent.
Criminal Law and Procedure Dec. 11, 2007
Dukes v. Wal-Mart Inc.
Court did not abuse its discretion when it certified class in Wal-Mart sex discrimination case.
Civil Procedure Dec. 11, 2007
Nguyen v. Tran
Cooperating brokers can compel arbitration of buyer's claims against principal, but not listing brokers who never agreed to clause in purchase agreement.
Contracts Dec. 10, 2007
Munaf v. Geren, Sec. of Army
Order
Dec. 10, 2007
Burgess v. United States
Order
Dec. 10, 2007
Indiana v. Edwards
Order
Dec. 10, 2007
FL Dept. of Revenue v. Piccadilly Cafeterias Inc.
Order
Dec. 10, 2007
U.S. v. Ressam
Order
Dec. 10, 2007
Huber v. Wal-Mart Stores Inc.
Order
Dec. 10, 2007
Marshall, Warden v. Henry
Order
Dec. 10, 2007
Lopez v. United States
Order
Dec. 10, 2007
Raven H. v. Gamette
Sexual assault victim raises triable issue of material fact regarding whether her landlord's alleged negligence was substantial factor in causing her injury.
Real Property Dec. 10, 2007
Kimbrough v. U.S.
Cocaine guidelines, like all other sentencing guidelines, are advisory only and must be one factor warranting consideration for sentencing.
Criminal Law and Procedure Dec. 10, 2007
Watson v. United States
Under 18 U.S.C. Section 924(c)(1)(A), defendant did not 'use' firearm when he received it in trade for drugs.
Criminal Law and Procedure Dec. 10, 2007
Gall v. U.S.
Sentence that deviates from recommended Federal Sentencing Guidelines range is reviewed under abuse of discretion standard.
Criminal Law and Procedure Dec. 10, 2007
Sparkman v. Commissioner of Internal Revenue
Income from ‘sham enterprise’ lacking economic substance is properly attributed to individual tax payer, who is thereby properly assessed self-employment tax.
Taxation Dec. 10, 2007
Humanitarian Law Project v. Mukasey
To convict person for providing material support to designated foreign terrorist organization, government must prove knowledge of group's purpose to engage in terrorism.
Constitutional Law Dec. 10, 2007
Hale v. U.S. Trustee
Bankruptcy court properly orders sanctions and disgorgement of fees in response to attorney’s ‘specific and repeated acts of incompetent and irresponsible representation'.
Attorneys Dec. 10, 2007
Nielsen v. Beck
Former attorney's advice to client about 'same subject matter' after substitution presents triable issue tolling statute of limitations for malpractice action.
Civil Procedure Dec. 10, 2007
Richardson-Tunnell v. School Insurance Program for Employees
Public entity is immune from liability arising from its videotaping of employee’s wedding and honeymoon for purposes of investigating her workers’ compensation claim.
Government Dec. 10, 2007
Arthur v. Allen, Comm'r AL DOC
Order
Dec. 10, 2007
Perrillo v. Picco & Presley
Physician's recovery for services rendered is limited where he may only be compensated within workers' compensation system.
Workers' Compensation Dec. 9, 2007
Porterville Citizens for Responsible Hillside Development v. City of Porterville (Contour Development Inc.)
Extra-record evidence is not admissible to challenge substantial evidence supporting fair argument that mitigated housing project has adverse environmental impacts.
Real Property Dec. 9, 2007