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Name Category Published
Miller v. Collectors Universe Inc.
Statutory damages for unauthorized use of name under Civil Code Section 3344(a) are limited to $750 total, not $750 per identical offense. 		Torts Sep. 3, 2007
People v. Nelson
Order 		Sep. 3, 2007
People v. Mesa
Order 		Sep. 3, 2007
Commissioner of Internal Revenue v. Dunkin
Husband may not reduce taxable income by wages he paid to ex-wife in order to satisfy her 'Gillmore' rights. 		Taxation Sep. 3, 2007
U.S. v. Stanton
District court must reinstate magistrate judge's guilty verdict where supported by sufficient evidence that driver's intoxication rendered him incapable of safe operation. 		Criminal Law and Procedure Sep. 3, 2007
Williams v. United Airlines Inc.
Complaint is properly dismissed because Federal Airline Deregulation Act’s Whistleblower Protection Program does not create private right of action in federal court. 		Administrative Agencies Sep. 3, 2007
Aageson Grain & Cattle v. U.S. Dept. of Agriculture
Farmers are entitled to attorney fees under Equal Access to Justice Act after prevailing in ‘adversary adjudication’ before National Appeals Division. 		Administrative Agencies Sep. 3, 2007
People v. Kelly
Convicted thief’s possession of burglary tools is proper basis for probation revocation though box cutter and slingshot were not listed in statute. 		Criminal Law and Procedure Aug. 31, 2007
J.T., a Minor
Where parental rights were terminated, case is remanded to ensure compliance with notice requirements under Indian Child Welfare Act. 		Native American Affairs Aug. 30, 2007
BEGL Construction Co. v. Los Angeles Unified School District
Lost profits damages is properly awarded to construction company in contract dispute with LAUSD. 		Contracts Aug. 30, 2007
People v. Murphy
Possession of cocaine base for sale is not necessarily included offense of selling cocaine base. 		Criminal Law and Procedure Aug. 30, 2007
Rice v. Center Point Inc.
Operators of residential treatment facilities do not owe duty of care to general public to control criminal conduct of their residents. 		Torts Aug. 30, 2007
Philipson & Simon v. Gulsvig
Trial court errs denying anti-SLAPP motion where law firm fails to demonstrate probability of success on claims of fraud and negligent misrepresentation. 		Civil Procedure Aug. 30, 2007
Smith v. S.C. (People)
Order 		Aug. 30, 2007
The Paul Revere Insurance Group v. United States
District court errs by enforcing government judgment lien where federal law did not preempt state law regarding property exempt from enforcement. 		Civil Procedure Aug. 30, 2007
White v. Ford Motor Co.
Court must provide proper harm to nonparties instruction and advise jury of prior compensatory damages award in new trial on punitive damages. 		Torts Aug. 30, 2007
Teachers' Retirement Board v. Genest
Court properly concludes that Senate Bill 20, which reduced state's obligation to fund account of Teachers' Retirement Fund, is unconstitutional. 		Constitutional Law Aug. 30, 2007
DHX Inc. v. Surface Transportation Board
Water carriers charging freight customers different rates based on prudent business practices is reasonable and not actionable. 		Administrative Agencies Aug. 30, 2007
People v. Halvorsen
Death penalty for convicted murderer is improper where trial court lacked discretion to deny his timely motion for self-representation at penalty retrial. 		Criminal Law and Procedure Aug. 30, 2007
Shin v. Ahn
Although primary assumption of risk doctrine applies to golf, summary judgment for defendant is improper where player's allegedly reckless swing was disputed. 		Torts Aug. 30, 2007
Gentry v. Superior Court (Circuit City Stores Inc.)
Class arbitration waiver is erroneously upheld where employee seeks overtime pay in class action suit filed against Circuit City. 		Civil Procedure Aug. 30, 2007
Vera v. Workers' Compensation Appeals Board (State Compensation Insurance Fund)
Old schedule applies to claim arising before Jan. 1, 2005 when physician's report prior to that date indicates permanent and stationary status. 		Workers' Compensation Aug. 30, 2007
CSC Orders for 08/29/07
Order 		Aug. 30, 2007
Vera v. Workers' Compensation Appeals Board (State Compensation Insurance Fund)
Old schedule applies to claim arising before Jan. 1, 2005 when physician's report prior to that date indicates permanent and stationary status. 		Workers' Compensation Aug. 30, 2007
Nigg v. U.S. Postal Service
Fair Labor Standards Act's overtime provisions and 39 U.S.C. Section 1003(c) are not in irreconcilable conflict where postal inspectors claim right to overtime pay. 		Labor Law Aug. 29, 2007
Webb v. Smart Document Solutions LLC
Health Insurance Portability and Accountability Act of 1996 allows patients to obtain their medical records for reduced fee, but not their designated agents. 		Torts Aug. 29, 2007
Freeman v. Schack
Anti-SLAPP statute does not apply to attorney's activity where class action settlement was merely incidental to breach arising from his adverse representation. 		Civil Procedure Aug. 29, 2007
People v. Tu
Trial court's imposition of upper term sentence based on defendant's record of prior juvenile petitions does not violate his Sixth Amendment rights. 		Criminal Law and Procedure Aug. 29, 2007
Gonzalez v. Autoliv ASP Inc.
Summary adjudication of cause of action for strict products liability is not proper under risk-benefit theory. 		Torts Aug. 29, 2007
Sandoval-Lua v. Gonzales
Petitioner meets his burden to show he has not been convicted of aggravated felony and is eligible for cancellation of removal. 		Immigration Aug. 29, 2007
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