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Name Category Published
Ortega-Cervantes v. Gonzales
Alien's conditional release from detention pending final removal decision is not 'parole into United States' making him eligible for adjustment of status. 		Immigration Sep. 5, 2007
New Regency Productions Inc. v. Nippon Herald Films Inc.
Arbitration award is properly vacated where arbitrator fails to disclose facts that show reasonable impression of partiality. 		Civil Procedure Sep. 5, 2007
Sherman v. United States Parole Commission
Oath or affirmation for issuance of valid administrative warrant for retaking of alleged parole violator is not required. 		Criminal Law and Procedure Sep. 5, 2007
U.S. v. Torres-Flores
Defendant who conceals alien from border inspection is neither entitled to lesser-included offense instruction nor enhancement for increasing passenger's risk. 		Criminal Law and Procedure Sep. 5, 2007
Cascade Health Solutions v. PeaceHealth
Bundled discounts offered by hospital care provider are not exclusionary conduct under Section 2 of Sherman Act unless they are predatory. 		Antitrust Sep. 5, 2007
Baron v. Fire Insurance Exchange
Insurance company forfeits its challenge to validity of appointment of receiver where issue was not raised in trial court. 		Civil Procedure Sep. 5, 2007
Castro v. Budget Rent-A-Car System Inc.
Alabama law applies to accident involving overturned truck whose lessor is not 'motor carrier' liable for permissive user's negligence. 		Torts Sep. 5, 2007
Landrigan v. Schriro
Order 		Sep. 5, 2007
Zila Inc. v. Tinnell
Inventor of 1992 patent improvement must be determined where royalty payments contained in 1980 agreement are disputed. 		Intellectual Property Sep. 5, 2007
American Federation of Government Employees Local 1 v. Stone
Union has standing to raise First Amendment claim of member who is entitled to judicial review of employer's alleged constitutional violations. 		Constitutional Law Sep. 5, 2007
Dible v. City of Chandler
Police officer's First Amendment rights were not violated when he was fired for maintaining and participating in sexually explicit website with his wife. 		Constitutional Law Sep. 5, 2007
U.S. v. Ankeny
District court improperly applies Career Offender Guidelines in determining unlawful possession of firearm by felon is 'crime of violence.' 		Criminal Law and Procedure Sep. 5, 2007
O'Guinn v. Lovelock Correctional Center
Suit is properly dismissed where prisoner fails to exhaust administrative remedies before filing ADA and Rehabilitation Act claims. 		Prisoners Rights Sep. 5, 2007
People v. Retanan
Trial court's findings under Penal Code Section 667.61(g) do not violate 'Blakely.' 		Criminal Law and Procedure Sep. 5, 2007
Ombudsman Services of Northern California v. Superior Court (Coleman)
Long-term care ombudsman with overriding privacy interest in investigatory files need not provide litigants with privileged records relating to specific facility. 		Constitutional Law Sep. 5, 2007
United States v. Burlington Northern & Santa Fe Railway Co.
In case involving cleanup of areas due to toxic chemicals, court's apportionment of liability is not proper. 		Environmental Law Sep. 4, 2007
Landrigan v. Schriro
Order 		Sep. 4, 2007
Merrick v. Paul Revere Life Insurance Co.
Insured's motion in limine is properly granted where court's finding that insurance company withheld evidence is not clearly erroneous. 		Insurance Sep. 4, 2007
Resident Councils of Washington v. Leavitt
Federal agency's regulations permitting paid feeding assistants to perform nurse-related services are based on permissible construction of Nursing Home Reform Law. 		Administrative Agencies Sep. 4, 2007
Molski v. Evergreen Dynasty Corp.
Plaintiff's strategy to harass ethnic restaurants into cash settlements supports order requiring vexatious litigant to obtain court leave before filing disability claims. 		Civil Procedure Sep. 4, 2007
James H., a Minor
Juvenile court records sealed under Welfare and Institutions Code Section 781 may not be released for use in sexually violent predator proceeding. 		Criminal Law and Procedure Sep. 4, 2007
Vierra v. Workers' Compensation Appeals Board
WCAB has authority over enforcement of contract setting fees between applicant and his attorney. 		Workers' Compensation Sep. 4, 2007
Conservatorship of John L.
Appointed counsel may communicate proposed conservatee's waiver of right to be present at LPS hearing. 		Conservatorship Sep. 4, 2007
Redevelopment Agency of the City of San Diego v. Mesdaq
In eminent domain case, court errs in disregarding statutory requirement that date of valuation is date of deposit. 		Constitutional Law Sep. 4, 2007
Bookout v. Nielsen
Protective orders issued under Elder Abuse Act are reviewed for abuse of discretion and factual findings are reviewed for substantial evidence. 		Civil Procedure Sep. 4, 2007
U.S. v. Braswell
Failure to claim novelty, interference or 'actual innocence' procedurally bars habeas petitioner's claim of deficient indictment not challenged on direct appeal. 		Criminal Law and Procedure Sep. 4, 2007
Jordison v. Gonzales
Removal order is vacated where record does not preclude possibility that petitioner was convicted of setting fire to his own property. 		Immigration Sep. 4, 2007
He v. Gonzales
Birth of children in United States cannot establish changed circumstances sufficient to satisfy exception to bars applicable to motions to reopen immigration proceedings. 		Immigration Sep. 4, 2007
Hydrick v. Hunter
Civilly committed sexually violent predators must allege their treatment violated clearly established rights to withstand defendants' claims of qualified immunity. 		Constitutional Law Sep. 3, 2007
McDonald v. Structured Asset Sales LLC
Creditor's appeal is dismissed where order denying her claim is not appealable under Probate Code. 		Probate and Trusts Sep. 3, 2007
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