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Name Category Published
Magee v. USDC ND CA
Order
Nov. 2, 2006
KSR International Co. v. Teleflex Inc.
Order
Nov. 2, 2006
Massachusetts v. EPA
Order
Nov. 2, 2006
Bell Atlantic Corp. v. Twombly
Order
Nov. 2, 2006
FTC v. Schering-Plough Corp.
Order
Nov. 2, 2006
U.S. v. Mohamed
Sentence of defendant who falsely reported terrorist threat is upheld, despite district court's departure from range of advisory sentencing guidelines.
Criminal Law and Procedure Nov. 2, 2006
Hovey v. Ayers
Where defendant admitted acts that led to death of kidnapped victim, conviction is proper even though court found errors in guilt-phase.
Criminal Law and Procedure Nov. 2, 2006
MacDonald v. Grace Church Seattle
Petitioner failed to file discrimination claim with EEOC within 180-day time limit, thus her Title VII claim was properly dismissed.
Civil Rights Nov. 2, 2006
Tekle v. United States
Summary judgment for IRS agents is not proper where genuine issues of material fact exist regarding violation of minor's constitutional rights.
Constitutional Law Nov. 2, 2006
Au-Tomotive Gold Inc. v. Volkswagen of America Inc.
Where producer of accessories has not shown that Volkswagen's and Audi's marks are functional features of products, marks are entitled to trademark protection.
Intellectual Property Nov. 2, 2006
Seever v. Copley Press Inc.
Where employer prevailed in discrimination action against it, award for costs of preparing unused trial exhibits was not proper.
Civil Procedure Nov. 2, 2006
New United Motors Manufacturing Inc. v. WCAB
WCAB exceeded its authority when it ordered employer to pay 25 percent penalty for its delay in paying employee's benefits.
Workers' Compensation Nov. 2, 2006
Antebi v. Occidental College
Student may pursue Leonard law claim if enrolled at private educational institution when legal action commences, but if alumnus, he lacks standing.
Constitutional Law Nov. 2, 2006
John M., a Minor
In child custody case, juvenile court improperly found that child's placement with father would be detrimental.
Family Law Nov. 2, 2006
People v. Frederick
Chain scheme offering co-ownership in corporation constitutes securities fraud, however filing false corporate tax return is not 'taking' for purposes of sentencing.
Securities Nov. 2, 2006
Strategix v. Infocrossing West Inc.
Non-competition agreement barring seller from soliciting any of buyer's employees and customers, not just sold business' former employees or customers, is invalid.
Contracts Nov. 2, 2006
Environmental Council of Sacramento v. City of Sacramento
City fully accounted for environmental consequences of habitat conservation plan protecting species of hawk and snake.
Environmental Law Nov. 2, 2006
JKH Enterprises Inc. v. Dept. of Industrial Relations
Drivers for courier service were properly classified as employees, not independent contractors, thus they were entitled to workers' compensation insurance.
Employment Law Nov. 2, 2006
Kopping v. WCAB
Adjusting agency for claimant's employer had burden of proving overlap between current disability and previous disability when establishing right to apportionment.
Workers' Compensation Nov. 2, 2006
Wilson v. Merritt
In medical malpractice case, motion for nonsuit is improperly granted where issue of informed consent should have gone to jury.
Torts Nov. 2, 2006
Luis B., a Minor
Error is committed where court failed to exercise discretion to evaluate whether juvenile will benefit from deferred entry of judgment program.
Juveniles Nov. 2, 2006
Cohen v. DirecTV Inc.
Denial of motion to compel arbitration is proper where satellite television programming company allegedly deprived customers of high definition resolution.
Contracts Nov. 2, 2006
Hunter S., a Minor
If juvenile court orders visitation, it cannot give child discretion to refuse visitation, and must ensure some minimal level of visitation occurs.
Juveniles Nov. 2, 2006
Small Property Owners of San Francisco v. City and County of San Francisco
Plaintiffs failed to show per se taking where landlords were required to pay tenants interest on security deposits.
Constitutional Law Nov. 1, 2006
Derrick B., a Minor
Where juvenile's offenses were not among those listed in applicable statute, he could not be ordered to register as sex offender.
Juveniles Nov. 1, 2006
Comer v. Schriro
Order
Nov. 1, 2006
Kashin v. Kent
Foreign service officer acting within scope of employment when involved in accident abroad was entitled to certification from United States government.
Government Nov. 1, 2006
Earth Island Institute v. Ruthenbeck
Invalidation of statute that categorically exempts from appeal certain U.S. Forest Service actions is proper.
Environmental Law Nov. 1, 2006
U.S. v. Battershell
In child pornography case, court's denial of motion to suppress evidence is proper where warrant application to search computer established probable cause.
Criminal Law and Procedure Nov. 1, 2006
Northern California River Watch v. City of Healdsburg
Because rock quarry pit and its wetlands possess 'significant nexus' to waters that are navigable, it is subject to Clean Water Act.
Environmental Law Nov. 1, 2006