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Name Category Published
Henrichs v. Valley View Development
In appeal stemming from quiet title action in state courts, declaratory relief claim is barred pursuant to 'Rooker-Feldman' doctrine.
Civil Procedure Jan. 19, 2007
Gonzales v. Duenas-Alvarez
'Theft offense' under immigration law includes crime of 'aiding and abetting' theft offense.
Immigration Jan. 19, 2007
People v. Costello
Rule of forfeiture by wrongdoing rendered Confrontation Clause unavailable to defendant who murdered victim.
Criminal Law and Procedure Jan. 17, 2007
People v. Bufford
Court improperly denied motion to set and impose restitution where court retains jurisdiction until economic losses of victim are determined.
Criminal Law and Procedure Jan. 17, 2007
People v. Salinas
Admission of non-testimonial evidence contained in report did not violate Sixth Amendment where defendant had opportunity to cross-examine supervising criminalist about report.
Constitutional Law Jan. 17, 2007
U.S. v. Omer
Order
Jan. 17, 2007
Haas v. Quest Recovery Services, Inc., et al.
Order
Jan. 17, 2007
Joseph v. United States
Order
Jan. 17, 2007
Medimmune Inc. v. Centocor Inc.
Order
Jan. 17, 2007
Miller, Supt. Eastern v. Rodriguez
Order
Jan. 17, 2007
Schmidt, Sheriff v. Van Patten
Order
Jan. 17, 2007
Frunz v. City of Tacoma
Order
Jan. 17, 2007
Alvarado v. Superior Court (People)
Personal use of firearm enhancement cannot stand where there was no evidence of defendant's gun-related conduct beyond passive exposure.
Criminal Law and Procedure Jan. 17, 2007
U.S. v. Sandoval-Mendoza
If defendant raises entrapment defense, medical expert opinion testimony demonstrating his unusual vulnerability to inducement due to his medical condition may be admissible.
Criminal Law and Procedure Jan. 12, 2007
U.S. v. Lee
Conviction for mistreatment of garment factory workers stands where court had jurisdiction and venue was proper.
Civil Procedure Jan. 12, 2007
Huseman v. Icicle Seafoods Inc.
Court's failure to make specific findings of prejudice to support laches bar made its determination that employee's claim was time-barred erroneous.
Civil Procedure Jan. 12, 2007
Sangha v. La Barbera
In order to recover in criminal malpractice action, plaintiff must show actual innocence of charged offense as well as any lesser-included offenses.
Attorneys Jan. 12, 2007
People v. Valencia
When hearsay declarant's statement is admitted for its truth, declarant must have personal knowledge of subject matter of her testimony.
Criminal Law and Procedure Jan. 12, 2007
Cashco Financial Services v. McGee (In re McGee)
Bankruptcy court did not abuse its discretion in requiring proof of material facts and in refusing to enter default judgment.
Bankruptcy Jan. 12, 2007
U.S. v. Jimenez-Ortega
Remand for resentencing is necessary where judge opined that defendant had willfully provided 'incredible testimony,' without discussing materiality of false statements.
Criminal Law and Procedure Jan. 12, 2007
Lin v. Gonzales
Where government's construction of regulation was improper, illegal alien's motion to reopen case was erroneously denied.
Immigration Jan. 12, 2007
U.S. v. Fort
In federal criminal prosecution of alleged gang members, police reports are not discoverable under Federal Rule of Criminal Procedure Section 16(a)(2).
Criminal Law and Procedure Jan. 12, 2007
MedImmune Inc. v. Genentech Inc.
Declaratory judgment action satisfies case-or-controversy requirement even though petitioner did not refuse to make royalty payments under license agreement.
Intellectual Property Jan. 12, 2007
Burton v. Stewart
District court lacks jurisdiction to review petitioner's second habeas corpus petition if appropriate court of appeals did not issue order authorizing such review.
Criminal Law and Procedure Jan. 12, 2007
U.S. v. Resendiz-Ponce
Indictment alleging attempted re-entry under 8 U.S.C. Section 1326 did not have to allege particular overt act of offense.
Criminal Law and Procedure Jan. 12, 2007
Opinion of Lockyer
Fish and Game Commission may not prohibit person employed by association of common interest development from using pellet guns to kill rabbits.
Environmental Law Jan. 12, 2007
Norfolk Southern Railway Co. v. Sorrell
Railroad worker is improperly awarded damages for injuries where Missouri jury instructions contained different causation standards for railroad negligence and contributory negligence.
Labor Law Jan. 12, 2007
Smith v. Baldwin
Habeas petitioner made showing of actual innocence sufficient to overcome procedural default with respect to claims regarding his felony murder conviction.
Criminal Law and Procedure Jan. 12, 2007
Miller v. Farmers Insurance Exchange
Claims adjusters who filed class action lawsuit for overtime wages against employer were exempt from Fair Labor Standards Act.
Employment Law Jan. 12, 2007
Pan Pacific Retail Properties Inc. v. Gulf Insurance Co.
Grant of summary judgment to insurer is not proper where court erred in holding that insured's settlement was for uninsurable relief.
Insurance Jan. 12, 2007