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Name Category Published
Colburn v. The Northern Trust Co.
Creditor claims that would allow former wife and children to benefit from both testator's trust and dissolution judgment violate no-contest clause.
Probate and Trusts May 28, 2007
Jessica C., a Minor
Juvenile court must consider providing maintenance services to help ill grandfather before terminating guardianship and placing grandchildren in foster care.
Juveniles May 28, 2007
In re: Freeman
Order
May 28, 2007
City of Watsonville v. Corrigan
City is not required to tender defense before seeking reimbursement from developers pursuant to indemnity agreement.
Contracts May 23, 2007
People v. Waymire
Court properly imposes upper term where defendant admitted to violating his probation.
Criminal Law and Procedure May 23, 2007
Winkelman v. Parma City School District
Individuals with Disabilities Education Act grants parents independent, enforceable rights entitling them to free appropriate public education for their child.
Education May 23, 2007
Prokop v. City of Los Angeles
City has absolute immunity from liability for cyclist's injuries resulting from collision with fence at exit of trail.
Government May 23, 2007
People v. Chavez
Penalty assessments imposed on mandatory drug laboratory fees are subject to state court construction surcharge.
Criminal Law and Procedure May 23, 2007
Justin S., a Minor
Mother, who faces losing parental rights, must be afforded a hearing and be represented by counsel, to determine whether ICWA applies.
Family Law May 23, 2007
Hageseth v. Superior Court (People)
Out-of-state unlicensed physician who prescribed Prozac over Internet is subject to personal jurisdiction in California for resident's subsequent suicide.
Civil Procedure May 23, 2007
People v. Johnson
Defendant's conviction on various counts of corporal injury to cohabitant must stand, but 36 days must be credited for time spent in presentence custody.
Criminal Law and Procedure May 23, 2007
Smith v. Novato Unified School District
High school student’s inflammatory, insensitive editorial article about illegal immigration is protected speech under Education Code and ‘heckler’s veto’ rule.
Education May 23, 2007
Southeast Alaska Conservation Council v. United States Army Corps of Engineers
Issuance of permit authorizing Alaskan gold mine to discharge process wastewater into lake violates Clean Water Act.
Environmental Law May 23, 2007
U.S. v. Orman
Defendant is properly convicted of unlawful possession of firearm where he admitted to carrying handgun inside mall.
Criminal Law and Procedure May 23, 2007
Abercrombie & Fitch Co. v. Moose Creek Inc.
District court's denial of Abercrombie & Fitch's motion to preliminarily enjoin competitor's use of newly designed 'Moose' marks, is vacated and remanded.
Intellectual Property May 23, 2007
Foote v. Del Papa
In habeas corpus petition case, court's rejection of 'conflict of interest' claim does not contravene established federal law.
Criminal Law and Procedure May 23, 2007
U.S. v. Ingham
If defendant admits to leading drug smuggling conspiracy, no explicit finding where defendant exercised control over co-conspirators is necessary to impose sentencing enhancement.
Criminal Law and Procedure May 23, 2007
Smith v. Novato Unified School District
High school student’s inflammatory, insensitive editorial article about illegal immigration is protected speech under Education Code and ‘heckler’s veto’ rule.
Education May 23, 2007
Bell Atlantic Corp. v. Twombly
Class action plaintiffs, who alleged violations of Section 1 of the Sherman Act, fail to state sufficient facts to state a claim that is 'plausible' on its face.
Civil Procedure May 22, 2007
Hinck v. U.S.
Tax Court has exclusive jurisdiction to hear interest abatement challenges against Internal Revenue Service.
Taxation May 22, 2007
People v. Lozano
Court’s improper imposition of upper term sentence is valid where the sentencing error is harmless beyond a reasonable doubt.
Criminal Law and Procedure May 22, 2007
Office of Senator Mark Dayton v. Hanson
U.S. Supreme Court lacks jurisdiction in appeal concerning former senator's claim of immunity under Speech or Debate Clause.
Constitutional Law May 22, 2007
Saravia-Paguada v. Gonzalez
Immigration judge properly calculates time served based on sentence enhancement and substantive offense, in denying relief to Honduran national facing deportation.
Immigration May 22, 2007
U.S. v. Meiners
15-year sentence for convicted child pornography distributor does not violate Eighth Amendment because it is not grossly disproportionate to the crime.
Criminal Law and Procedure May 22, 2007
Spry v. Thompson
Secretary of Health and Human Services properly finds that no waiver is necessary for 'expansion populations' in Oregon's demonstration project.
Government May 22, 2007
SuntharaLinkam v. Gonzales
Order
May 22, 2007
Efund Capital Partners v. Pless
Arbitration clause liberally construed to encompass tort claims against defendants not named in fraudulent investment agreement.
Civil Procedure May 22, 2007
People v. Superior Court (Decker)
Defendant, alleged to have solicited an undercover detective to kill his own sister along with her friend, can be charged with their attempted murder.
Criminal Law and Procedure May 22, 2007
Wagner Construction Co. v. Pacific Mechanical Corp.
Court cannot deny petition to compel arbitration based on statute of limitations for underlying claim.
Civil Procedure May 22, 2007
Davenport v. Washington Education Assoc.
Order
May 22, 2007