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Name Category Published
McGee v. Tucoemas Federal Credit Union
Federally chartered credit union presumed to have fully waived sovereign immunity is liable for punitive damages in employment discrimination suit.
Employment Law Aug. 5, 2007
Stoneridge Parkway Partners v. MW Housing Partners III
Loan is exempt from constitutional usury prohibition where licensed real estate broker did not negotiate loan on his own behalf.
Real Property Aug. 5, 2007
U.S. v. Valenzuela
U.S.S.G. Section 2K2.1(b)(5) sentencing enhancement is properly applied to defendant convicted of being felon in possession of firearm and possessing stolen property.
Criminal Law and Procedure Aug. 5, 2007
Vargas-Hernandez v. Gonzales
Voluntary manslaughter conviction makes defendant removable as an aggravated felon, despite being 16 years of age when offense was committed.
Immigration Aug. 5, 2007
U.S. v. Moses
Developer who ignores warnings to obtain permit violates Clean Water Act by discharging pollutants during 20-year project to reshape creek.
Environmental Law Aug. 5, 2007
Lawrence v. Barona Valley Ranch Resort and Casino
Barona Band of Mission Indians' sovereign tribal immunity precludes it from being sued for negligence in state court.
Native American Affairs Aug. 5, 2007
Charles Schwab Corp. v. Commissioner of Internal Revenue
Under Internal Revenue Code Section 461(d)(1), corporation’s franchise tax liability accrues on January 1 of taxable year, not December 31 of income year.
Taxation Aug. 3, 2007
Hoyle v. ADA County, Idaho, District Court
Double Jeopardy Clause is not violated where jury in first prosecution could not agree on predicate acts related to racketeering count.
Criminal Law and Procedure Aug. 2, 2007
Alvarado v. Selma Convalescent Hospital
Trial court properly abstains from adjudicating class action lawsuit concerning staffing of skilled nursing and intermediate care facilities.
Administrative Agencies Aug. 2, 2007
Klein v. Chappell (In re Chappell)
Bankruptcy estate is entitled to residence's postpetition appreciation in excess of maximum value permitted whether debtor invokes statutory or federal exemption scheme.
Bankruptcy Aug. 2, 2007
Jada Toys Inc. v. Mattel Inc.
In trademark infringement case, district court errs by only considering one ‘Sleekcraft’ factor in its likelihood of confusion analysis.
Intellectual Property Aug. 2, 2007
Beck v. Pace International Union
Order
Aug. 2, 2007
Payan v. Aramark Management Services LP
Title VII action is time-barred where litigant is presumed to receive notice three days from issuance of right-to-sue letter.
Civil Procedure Aug. 2, 2007
In re Tobacco Cases II
State unfair competition claim against tobacco companies is pre-empted where duty not to promote smoking to minors is subject to federal law.
Constitutional Law Aug. 2, 2007
Action Apartment Association Inc. v. City of Santa Monica
Civil Code litigation privilege does not entirely conflict with and preempt City of Santa Monica's Tenant Harassment Ordinance.
Constitutional Law Aug. 2, 2007
California Capital Insurance Co. v. Nielsen
Insurance company is not required to pay uninsured motorist benefits on accident with uninsured vehicle because owner’s personal umbrella policy covered ownership.
Insurance Aug. 1, 2007
Zamer G., a Minor
Independent unit of Children's Law Center is properly disqualified from concurrent representation due to actual conflict of interest between four siblings.
Juveniles Aug. 1, 2007
Venegas v. County of Los Angeles
Qualified immunity does not apply to California civil rights actions under Civil Code Section 52.1.
Civil Rights Aug. 1, 2007
Valenzuela v. California State Personnel Board (Dept. of Corrections and Rehabilitation)
Corrections officer's dismissal is not proper where notice prohibiting foreign diet pills was not sufficient for due process purposes.
Civil Procedure Aug. 1, 2007
Rowe v. Exline
Trial court errs in deciding individual defendants, not signatories to contract containing arbitration provision, may not compel another signatory to arbitrate.
Corporations Aug. 1, 2007
U.S. v. Goetzke
Intercepted letters containing compliments and sexual advances are sufficient to prove intent to persuade or entice minor to engage in sexual activity.
Criminal Law and Procedure Aug. 1, 2007
U.S. v. Larson
Convictions for conspiracy to possess methamphetamine with intent to distribute stand where violation of Confrontation Clause rights is harmless.
Criminal Law and Procedure Aug. 1, 2007
Opinion of Brown
Sheriff's gift of honorary badge to private citizen violates California law if badge would deceive ordinary reasonable person into believing it is authorized.
Criminal Law and Procedure Jul. 31, 2007
Inglewood Redevelopment Agency v. Aklilu
Expert testimony on lost goodwill value of business that redevelopment agency is unable to relocate is properly admitted based on 'cost to create' approach.
Real Property Jul. 31, 2007
Magic Kitchen LLC v. Good Things International LTD.
Trade dress infringement claim is time-barred by laches where company waited 10 years to file suit, without justification, and caused significant prejudice.
Intellectual Property Jul. 31, 2007
Ticconi v. Blue Shield of California Life & Health Insurance Co.
Equitable defenses cannot be used to defeat cause of action under Unfair Competition Law against insurance provider.
Insurance Jul. 31, 2007
Marriage of M.
Agreement in which husband only pays portion of overdue payments does not release him from remaining arrearages or waive future support.
Family Law Jul. 31, 2007
Perryman v. County of Los Angeles
Coroner does not owe duty to relatives of drive-by shooting victim to embalm victim’s remains or keep corpse intact.
Government Jul. 31, 2007
California Horse Racing Board v. WCAB
WCAB errs in applying 'heart trouble presumption' to special investigator awarded work-related disability benefits for heart attack.
Workers' Compensation Jul. 31, 2007
People v. Flores
Defendant’s federal constitutional rights are not violated by trial court’s reasonable doubt instruction using CALCRIM No. 220.
Criminal Law and Procedure Jul. 30, 2007