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Name Category Published
Perez v. Uline Inc.
Military reservist’s rights under Uniformed Services Employment and Reemployment Rights Act may not be waived by severance agreement. 		Employment Law Dec. 9, 2007
Marriage of Gong
When it appears to reviewing court that appeal was frivolous, it may add to costs such damages as may be just. 		Family Law Dec. 9, 2007
Rivera v. Mukasey
Asylum request is properly denied where petitioner's testimony showed lack of credibility. 		Immigration Dec. 9, 2007
Rattlesnake Coalition v. U.S. Environmental Protection Agency
National Environmental Policy Act challenges that are not based on ‘federal’ action or final EPA action fail for lack of jurisdiction and standing. 		Environmental Law Dec. 9, 2007
Burlington Northern and Santa Fe Railway Co. v. Vaughn
Collateral order doctrine grants jurisdiction to dismiss suit against tribal official with authority to enforce tax on railroad based on sovereign immunity. 		Constitutional Law Dec. 9, 2007
United States v. Alpine Land & Reservoir Co.
State engineer properly determines water rights were not abandoned despite substantial nonuse but not whether five years without thwarted transfer constitutes forfeiture. 		Environmental Law Dec. 9, 2007
U.S. v. Corona- Verbera
Pre-indictment delay is not violation of due process where defendant fails to prove actual prejudice. 		Criminal Law and Procedure Dec. 9, 2007
V.F., a Minor
When noncustodial parent is incarcerated, court must determine if parent desires to assume custody and whether placement would be detrimental. 		Juveniles Dec. 9, 2007
Neighbors in Support of Appropriate Land Use v. County of Tuolumne
County action purporting to exempt one specific parcel of land from applicable zoning ordinance violates Government Code Section 65852’s uniformity requirement. 		Real Property Dec. 9, 2007
People v. Moussabeck
Court has no duty to instruct on misdemeanor child abuse as lesser included offense of felony infliction of physical injury on child. 		Criminal Law and Procedure Dec. 9, 2007
Prentice v. Board of Administration, PERS
Limitations in calculating public employee's retirement allowances exclude from consideration payments not available to similarly situated employees. 		Employment Law Dec. 9, 2007
People v. Campos
In drive-by shooting, defendant with concurrent intent to fire at passengers within targeted victim's 'kill zone' is guilty of attempted murder. 		Criminal Law and Procedure Dec. 9, 2007
Morton v. Wagner
Denial of motion for reconsideration is not appealable, but filing of appeal and other unsuccessful motions are insufficient to designate litigant as vexatious. 		Civil Procedure Dec. 9, 2007
Jacob P., a Minor
Child does not return to mother's custody after 18-month review hearing finds termination of grandmother's guardianship not in his best interest. 		Family Law Dec. 6, 2007
OCM Principal Opportunities Fund v. CIBC World Markets Corp.
Where jury found for plaintiff on misrepresentation and fraud claims, its denial of prejudgment interest pursuant to Corporations Code Section 25500 is reversed. 		Corporations Dec. 6, 2007
Crater v. Galaza
Order 		Dec. 6, 2007
Mendoza-Mazariegos v. Mukasey
When immigrant has engaged counsel who fails to appear, judge must take reasonable steps to ensure immigrant's statutory right to counsel is honored. 		Immigration Dec. 6, 2007
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 Dec. 6, 2007
Tocconi v. Blue Shield of California Life & Health Insurance Co.
Equitable defenses may not be asserted to defeat claim under Unfair Competition Law against insurance provider. 		Insurance Dec. 5, 2007
City of Long Beach v. Stevedoring Services of America
Award of costs to prevailing party is proper even though action was dismissed based on mootness. 		Civil Procedure Dec. 5, 2007
People v. Prosser
Court upholds restitution orders for jewelry stolen by real estate broker who does not challenge victims' testimony of items' estimated value. 		Criminal Law and Procedure Dec. 5, 2007
People v. Superior Court (Maldonado)
If victim reported childhood sexual abuse in 2001, but did not allege ‘substantial sexual conduct,' charges filed in 2006 are not time-barred. 		Criminal Law and Procedure Dec. 5, 2007
Schmidlin v. City of Palo Alto
Statute of limitations for claim of excessive force is tolled after individual is served with notice to appear on charges against him. 		Civil Rights Dec. 5, 2007
Pittman v. State of Oregon
Employment discrimination claim is properly dismissed where 42 U.S.C. Section 1981 provides no cause of action against states. 		Civil Rights Dec. 5, 2007
Sierra Club v. Bosworth
Administrative agency’s creation of categorical exclusion from National Environmental Policy Act’s requirement that environmental impact statement be prepared is arbitrary and capricious. 		Environmental Law Dec. 5, 2007
U.S. v. Macias-Valencia
Mandatory minimum sentence applies to convictions for conspiracy and attempt to distribute methamphetamine despite absence of actual contraband in commission of offense. 		Criminal Law and Procedure Dec. 5, 2007
U.S. v. Holt
Enhancements are proper if offense involved knowing misrepresentation of participant's identity to persuade or coerce minor to engage in prohibited sexual conduct. 		Criminal Law and Procedure Dec. 5, 2007
U.S. v. Zalapa
Defendant who fails to object to multiple convictions and sentences does not waive right to raise double jeopardy challenge on appeal. 		Criminal Law and Procedure Dec. 5, 2007
Brown v. Labow
Where guardian disposes specific property of incompetent person, there is no ademption when only change is in form. 		Corporations Dec. 5, 2007
Tekle v. United States
Summary judgment for IRS agents is not proper where genuine issues of material fact exist regarding violation of minor's constitutional rights. 		Constitutional Law Dec. 4, 2007
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