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Name Category Published
Winkelman v. Parma City School District
Order
Feb. 5, 2007
Microsoft v. AT&T Corp.
Order
Feb. 5, 2007
EC Term of Years Trust v. United States
Order
Feb. 5, 2007
Scott v. Harris
Order
Feb. 5, 2007
Mayes v. Bryan
In wrongful death action, defendants invited any instructional error where jury determined that doctor's negligence was cause of death.
Civil Procedure Feb. 5, 2007
Conservatorship of Ben C.
Court is not required to independently review record to determine whether conservatorship order was appropriate.
Conservatorship Feb. 4, 2007
Brown v. Lambert
Prospective juror's view on capital punishment was not cause enough to warrant his excusal during voir dire.
Criminal Law and Procedure Feb. 4, 2007
Opinion of Lockyer
Unpaid volunteer investigator may qualify as 'peace officer' provided that individual performs investigative duties and otherwise meets applicable standards.
Government Feb. 2, 2007
Schatz v. Allen Matkins Leck Gamble & Mallory
Even if client had previously signed prospective waiver, he is entitled to nonbinding arbitration and trial de novo under Mandatory Fee Arbitration Act.
Attorneys Feb. 2, 2007
People v. Eastman
Defendant stating facts that could constitute good cause to withdraw his no contest plea was entitled to 'Marsden' hearing.
Criminal Law and Procedure Feb. 2, 2007
London Market Insurers v. Superior Court (Truck Insurance Exchange)
In insurance contract case, manufacture and distribution of asbestos products over 30 year period is not deemed 'occurrence' under policies.
Contracts Feb. 2, 2007
In re Player
Prisoner is entitled to work-time behavioral credits/points for periods when his work status classification was interrupted without his fault.
Prisoners Rights Feb. 2, 2007
U.S. v. Reynard
Court's revocation of supervised release is proper where DNA Analysis Backlog Elimination Act does not have impermissibly retroactive effect on defendant.
Criminal Law and Procedure Feb. 2, 2007
Vaughn v. Garen
Order
Feb. 2, 2007
California Farm Bureau Federation v. California State Water Resources Control Board
Regulatory fees imposed on water right permit holders may not exceed reasonable cost of providing services or contractor's contractual interest in another's permit.
Environmental Law Feb. 2, 2007
U.S. v. Jiang
Order
Feb. 2, 2007
People v. Brock
Defendant's conviction of theft against elder is not proper where court incorrectly instructed jury on undue influence.
Criminal Law and Procedure Feb. 2, 2007
Novartis Vaccines and Diagnostics Inc. v. Stop Huntingdon Animal Cruelty USA Inc.
Motion to strike is properly denied where organization's attacks on employees of biopharmaceutical company were unlawful.
Civil Procedure Feb. 2, 2007
U.S. v. Hector
Suppression of evidence is inappropriate remedy for officer's failure to present copy of valid search warrant to defendant prior to executing search.
Constitutional Law Feb. 2, 2007
Henry v. Victor
Order
Feb. 2, 2007
Ambriz v. Kelegian
Summary judgment in favor of respondents was improper where rape victim raised triable issue of fact about whether apartment's actions caused her injury.
Criminal Law and Procedure Feb. 2, 2007
People v. Leon
Where none of defendants' proposed alternatives offered realistic prospect of exposing conspiracy, evidence seized from wiretaps was admissible.
Criminal Law and Procedure Feb. 2, 2007
Ross v. San Francisco Bay Area Rapid Transit District
In wrongful discharge case, public entity is immune from liability where initiation of administrative proceedings to terminate is also immune.
Employment Law Feb. 2, 2007
Okeeffe v. Daley
Order
Feb. 2, 2007
Fountain Park Cooperative v. Lavelle
Order
Feb. 2, 2007
U.S. v. Arnt
District court committed reversible error in refusing to give involuntary manslaughter instruction as lesser included offense.
Criminal Law and Procedure Feb. 2, 2007
Hall v. North American Van Lines Inc.
Court had removal jurisdiction over plaintiff's interstate-shipping contract claim where claim was completely pre-empted by Carmack Amendment.
Civil Procedure Feb. 2, 2007
U.S. v. Ziegler
Where employer had third party consent to search employee's office and computer, court properly denied employee's motion to suppress evidence of child pornography.
Criminal Law and Procedure Feb. 2, 2007
U.S. v. Tatoyan
There was no error in district court's jury instructions on bulk cash smuggling counts, however case is remanded for resentencing.
Criminal Law and Procedure Feb. 2, 2007
Concerned McCloud Citizens v. McCloud Community Services District (Nestle Waters North America)
Local government agency's approval of agreement with water bottling company did not constitute 'approval' of project within meaning of CEQA.
Environmental Law Feb. 2, 2007