| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
S148460
|
People v. Darling
Order |
|
Apr. 10, 2007 | ||
|
05-10547
|
U.S. v. Kelley
Probable cause to search computer for evidence of child pornography turns on totality of circumstances. |
Criminal Law and Procedure |
|
Apr. 10, 2007 | |
|
A108723
|
People v. Cooper
Collateral estoppel does not bar retrial of murder case where grant of habeas petition was not final determination on sufficiency of evidence. |
Criminal Law and Procedure |
|
Apr. 9, 2007 | |
|
D049444
|
Berardi v. Superior Court (People)
Grand jury indictment is dismissed where prosecution fails to disclose exculpatory evidence showing reasonable probability of more favorable outcome. |
Criminal Law and Procedure |
|
Apr. 9, 2007 | |
|
S127344
|
People v. Cage
Defendant's conviction of aggravated assault upon her son is proper where erroneous admission of victim's statements was harmless. |
Criminal Law and Procedure |
|
Apr. 9, 2007 | |
|
G036525
|
Parlour Enterprises Inc. v. The Kirin Group Inc.
Lost profits and franchise fees are not recoverable where expert's projections were based on unreliable data and financial prospectus for similar business. |
Contracts |
|
Apr. 9, 2007 | |
|
B194844
|
Belaire-West Landscape Inc. v. Superior Court (Rodriguez)
Opt-out notice adequately protects privacy rights of employees compelled to provide names and contact information for precertification discovery. |
Civil Procedure |
|
Apr. 9, 2007 | |
|
D048919
|
Kolender v. San Diego County Civil Service Commission (Gant)
Penalty imposed against sheriff's office employee is improperly reduced where she made inmate sentencing errors. |
Employment Law |
|
Apr. 6, 2007 | |
|
05-15454
|
Boucher v. Shaw
Order |
|
Apr. 6, 2007 | ||
|
04-35253
|
Smith v. Baldwin
Order |
|
Apr. 6, 2007 | ||
|
04-15788
|
Animal Legal Defense Fund v. Veneman
Order |
|
Apr. 6, 2007 | ||
|
05-10056
|
U.S. v. Almazan-Becerra
Sentence is vacated where disjunctive plea does not unequivocally establish defendant committed drug trafficking offense. |
Criminal Law and Procedure |
|
Apr. 5, 2007 | |
|
04-57143
|
Perfect 10 Inc. v. CCBill
In copyright suit brought by magazine publisher, it must be determined whether defendants reasonably implemented repeat infringer policy. |
Intellectual Property |
|
Apr. 5, 2007 | |
|
05-30058
|
U.S. v. Jackson
To violate PROTECT Act, both 'foreign travel' and 'illicit sexual act' components must occur after act's effective date to be criminal. |
Criminal Law and Procedure |
|
Apr. 5, 2007 | |
|
05-50150
|
U.S. v. Ihnatenko
Government's provision of cash benefits or government-paid housing to cooperating witness do not violate 18 U.S.C. Section 201(c)(2). |
Criminal Law and Procedure |
|
Apr. 5, 2007 | |
|
04-35855
|
Winterrowd v. Nelson
Troopers are not entitled to qualified immunity for use of excessive force during routine stop to subdue injured, non-threatening driver |
Criminal Law and Procedure |
|
Apr. 5, 2007 | |
|
06-1207
|
State Board of Equalization v. Leal (In re Leal)
Debtors, general partners in business, cannot use California Revenue and Taxation Code Section 6829 as shield from liability for unpaid business sales taxes. |
Bankruptcy |
|
Apr. 5, 2007 | |
|
06-1198
|
Simpson v. Burkart (In re Simpson)
Debtor's annuity contract is not exempt as life insurance or as private retirement plan. |
Bankruptcy |
|
Apr. 5, 2007 | |
|
04-55859
|
Connecticut General Life Insurance Co. v. New Images of Beverly Hills
Where doctor evaded discovery obligations for years, sanction that terminated case and imposed default judgment is proper. |
Civil Procedure |
|
Apr. 5, 2007 | |
|
05-1120
|
Massachusetts v. EPA
Under Clean Air Act, states have standing to petition EPA to fulfill its statutory duty to regulate carbon dioxide emissions. |
Administrative Agencies |
|
Apr. 5, 2007 | |
|
05-848
|
Environmental Defense v. Duke Energy Corp.
Appellate court's reading of air pollution control schemes invalidated regulations which must comport with Clean Air Act's limits on judicial review of EPA regulations. |
Environmental Law |
|
Apr. 5, 2007 | |
|
04-76132
|
United Steelworkers of America AFL-CIO-CLC v. NLRB
NLRB does not abuse its discretion where it adopts all administrative law judge's recommendations but refuses to impose 'Gissel' remedy. |
Labor Law |
|
Apr. 5, 2007 | |
|
03-10585
|
U.S. v. Heredia
Willful ignorance instruction must address defendant's motive for avoiding truth, and is subject to review for abuse of discretion. |
Criminal Law and Procedure |
|
Apr. 5, 2007 | |
|
06-50169
|
U.S. v. Snellenberger
Sentencing court improperly considered minute order to show that defendant committed prior crime of violence. |
Criminal Law and Procedure |
|
Apr. 5, 2007 | |
|
F049582
|
California School Employees Association v. Livingston Union School District
School policy waiving employee's right to hearing violates due process where mailed suspension notice does not provide realistic opportunity to respond. |
Education |
|
Apr. 5, 2007 | |
|
G036369
|
Hasso v. Hasso
In trust dispute, mother's pecuniary interests prevail over children's where distributed funds from corporation must be allocated to income. |
Probate and Trusts |
|
Apr. 5, 2007 | |
|
B188720
|
State of California ex rel. Metz v. CCC Information Services Inc.
Qui tam action filed by insurance claimant is barred by three-year statute of limitations where claimant had inquiry notice of alleged fraudulent conduct. |
Civil Procedure |
|
Apr. 5, 2007 | |
|
S142496
|
Jacob B. v. County of Shasta
Letter from district attorney's office to court stating that child was molestation victim of his uncle is protected by litigation privilege. |
Torts |
|
Apr. 5, 2007 | |
|
04-10231
|
U.S. v. St Luke's Subacute Care Hospital, Inc.
Order |
|
Apr. 5, 2007 | ||
|
06-35781
|
The Lands Council v. Martin
District court abused its discretion in denying preliminary injunction on plaintiffs' claim under National Forest Management Act. |
Environmental Law |
|
Apr. 5, 2007 |