| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
04-56470
|
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 | |
|
05-1629
|
Gonzales v. Duenas-Alvarez
'Theft offense' under immigration law includes crime of 'aiding and abetting' theft offense. |
Immigration |
|
Jan. 19, 2007 | |
|
E037674
|
People v. Costello
Rule of forfeiture by wrongdoing rendered Confrontation Clause unavailable to defendant who murdered victim. |
Criminal Law and Procedure |
|
Jan. 17, 2007 | |
|
A108741
|
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 | |
|
F049017
|
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 | |
|
05-1101
|
U.S. v. Omer
Order |
|
Jan. 17, 2007 | ||
|
06-263
|
Haas v. Quest Recovery Services, Inc., et al.
Order |
|
Jan. 17, 2007 | ||
|
06-5590
|
Joseph v. United States
Order |
|
Jan. 17, 2007 | ||
|
05-656
|
Medimmune Inc. v. Centocor Inc.
Order |
|
Jan. 17, 2007 | ||
|
05-1472
|
Miller, Supt. Eastern v. Rodriguez
Order |
|
Jan. 17, 2007 | ||
|
05-1527
|
Schmidt, Sheriff v. Van Patten
Order |
|
Jan. 17, 2007 | ||
|
05-35302
|
Frunz v. City of Tacoma
Order |
|
Jan. 17, 2007 | ||
|
B194139
|
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 | |
|
04-10118
|
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 | |
|
05-10478
|
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 | |
|
04-35655
|
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 | |
|
G035195
|
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 | |
|
H029370
|
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 | |
|
06-1065
|
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 | |
|
06-50007
|
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 | |
|
04-73860
|
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 | |
|
06-10473
|
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 | |
|
05-608
|
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 | |
|
05-9222
|
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 | |
|
05-998
|
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 | |
|
06-109
|
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 | |
|
05-746
|
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 | |
|
04-35253
|
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 | |
|
05-35080
|
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 | |
|
04-56394
|
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 |