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Name Category Published
U.S. v. Seljan
Motion to suppress evidence is properly denied where search at FedEx facility revealed sexually explicit letter addressed to young girl in Philippines.
Criminal Law and Procedure Aug. 14, 2007
Phillips v. E.I. DuPont de Nemours & Co.
Plutonium producers who helped make atomic bomb are not entitled to immunity under government contractor defense for liability arising from radioiodine exposure.
Torts Aug. 14, 2007
People v. Wagner
Defendant's sentence must be vacated as prosecutor mistakenly represents date of receipt of Section 1381 trial-sentencing demand.
Criminal Law and Procedure Aug. 14, 2007
Gulla v. Gonzales
Immigration Judge abuses its discretion in denying asylum to Iraqi with credible fear of persecution where only minor adverse factors supported denial.
Immigration Aug. 13, 2007
AmerisourceBergen Corp. v. Roden
'Younger' abstention is not proper where district court should have stayed federal suit pending completion of California action.
Civil Procedure Aug. 13, 2007
Im v. Gonzales
IJ errs in finding former Cambodian prison guard's actions constituted assistance in persecution, in barring asylum relief and withholding of removal.
Immigration Aug. 13, 2007
Womack v. Del Papa
Habeas petitioner alerted by agreement and canvass of potential consequences of pleading guilty is not prejudiced by counsel's prediction of trial outcome.
Criminal Law and Procedure Aug. 13, 2007
Emmert Industrial Corp. v. Artisan Associates Inc.
Research and operation costs are directly related to 'transportation' of press components and are subject to 18-month limitations period under ICCTA.
Contracts Aug. 13, 2007
People v. Semaan
Sister-in-law of convicted defrauder cannot establish ownership of frozen assets where Evidence Code Section 662’s rebuttable presumption of ownership does not apply.
Criminal Law and Procedure Aug. 13, 2007
People v. Allen
Trial court lacks authority to extend mentally disordered offender's commitment if district attorney files recommitment petition after prior commitment expired.
Criminal Law and Procedure Aug. 13, 2007
Estrada v. FedEx Ground Package System Inc.
Substantial evidence supports finding that FedEx drivers are employees, not independent contractors, for purposes of Labor Code Section 2802.
Labor Law Aug. 13, 2007
In re Marquez
Due process requires that parolee be released from custody due to prejudice from delay of probable cause and parole revocation hearings.
Criminal Law and Procedure Aug. 12, 2007
People v. O'Dell
Jury may properly discredit defendant's explanation where corroborating evidence of car theft and conscious possession of stolen property support inference of guilt.
Criminal Law and Procedure Aug. 12, 2007
County of Sacramento v. State Water Resources Control Board
State and regional water boards properly apply water quality objective for groundwater bacteria as applied to youth correctional facility.
Administrative Agencies Aug. 12, 2007
Clark v. First Union Securities Inc.
Trial court has jurisdiction to reconsider its prior ruling after arbitrators found two class causes of action were not arbitration eligible.
Securities Aug. 12, 2007
CSC orders for 08/08/07
Order
Aug. 12, 2007
U.S. v. Aukai
Airport screening search is constitutionally reasonable administrative search where defendant failed to produce picture identification.
Criminal Law and Procedure Aug. 12, 2007
Cedars-Sinai Medical Center v. National League of Postmasters of the United States
Hospital’s claims seeking reimbursement from health plan administrator for unpaid medical services provided to insured patient are not preempted by FEHBA.
Administrative Agencies Aug. 12, 2007
Plumlee v. Masto
Order
Aug. 12, 2007
Giles v. General Motors Acceptance Corp.
District court errs in applying Nevada's preclusion law with respect to contract claims by car dealerships against General Motors.
Civil Procedure Aug. 12, 2007
Vacation Village Inc. v. Clark County, Nevada
County’s height restriction on airport-adjacent land amounted to per se regulatory taking, entitling property owner to just compensation.
Real Property Aug. 12, 2007
U.S. v. Garcia
Evidence is insufficient to show defendant entered conspiracy to distribute methamphetamine as of July 2003.
Criminal Law and Procedure Aug. 12, 2007
DiPirro v. Bondo Corp.
Plaintiff is not entitled to jury trial on affirmative defense in case involving corporation who manufactured toxic paint.
Constitutional Law Aug. 9, 2007
People v. Corrales
Order
Aug. 9, 2007
People v. Nelson
Order
Aug. 9, 2007
People v. McMahon
Order
Aug. 9, 2007
Grocery Outlet Inc. v. Albertson's Inc.
District court properly concludes Albertson's was legal owner of 'LUCKY' mark for retail grocery products and services in dispute against grocery competitor.
Intellectual Property Aug. 9, 2007
Hernandez de Anderson v. Gonzales
BIA errs in holding IIRIRA's repeal of suspension of deportation was not impermissibly retroactive as applied to petitioner.
Immigration Aug. 9, 2007
Lockett v. Catalina Channel Express Inc.
Ferry is found to have used reasonable judgment in prohibiting legally blind passenger from area where her guide dog was not permitted.
Civil Rights Aug. 9, 2007
Craig v. M&O Agencies Inc.
Employer vicariously liable for supervisor's sexual harassment where employee's delay in reporting did not constitute 'failure to take advantage of preventive opportunities.'
Employment Law Aug. 9, 2007