| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
04-15577
|
Peeble Beach Co. v. Caddy
Because defendant did not aim conduct at California or United States, district court properly determined that it lacked personal jurisdiction. |
Civil Procedure |
|
Oct. 26, 2006 | |
|
04-50157
|
U.S. v. Lyons
Mail fraud conviction is proper where defendant mailed fraudulent celebrity memorabilia to be resold. |
Criminal Law and Procedure |
|
Oct. 26, 2006 | |
|
04-55874
|
Miller v. Glenn Miller Productions Inc.
Although production company engaged in unauthorized sublicensing, party challenging its actions is barred from filing suit under doctrine of laches. |
Intellectual Property |
|
Oct. 26, 2006 | |
|
05-50287
|
U.S. v. Ballesteros-Selinger
Memorandum recording oral decision in prior deportation hearing is not testimonial hearsay and may be admitted without violating Confrontation Clause. |
Immigration |
|
Oct. 26, 2006 | |
|
05-15757
|
King v. Lamarque
By merely challenging adequacy of state procedural rule deemed ambiguous, petitioner shifted burden to government to prove otherwise. |
Criminal Law and Procedure |
|
Oct. 26, 2006 | |
|
F047759
|
Frazier Nuts Inc. v. American Ag Credit
Unpaid almond growers' claims to proceeds generated by bankrupt processor's sale of almonds have priority over secured lender's security interest. |
Bankruptcy |
|
Oct. 26, 2006 | |
|
03-10585
|
U.S. v. Heredia
Order |
|
Oct. 26, 2006 | ||
|
04-17517
|
Taylor v. Lewis
Sentence of 25 years to life for possession of 0.036 grams of cocaine under Three-Strikes law does not violate Eighth Amendment. |
Criminal Law and Procedure |
|
Oct. 26, 2006 | |
|
04-70774
|
Cardoso-Tlaseca v. Gonzales
In removal case, where question existed concerning whether alien's drug conviction was vacated on the merits, case must be remanded. |
Immigration |
|
Oct. 26, 2006 | |
|
05-35806
|
Northwest Environmental Advocates v. National Marine Fisheries Service
Evidence supports finding that Army Corps of Engineers took requisite 'hard look' at environmental and economic factors of proposed Columbia River project. |
Environmental Law |
|
Oct. 26, 2006 | |
|
04-35563
|
Clark v. Capital Credit & Collection Services Inc.
Fair Debt Collection Practices Act allows debtors to waive its protections, and debt collectors to make occasional, reasonable mistakes. |
Business Law |
|
Oct. 26, 2006 | |
|
03-56552
|
Wallace v. City of San Diego
Substantial evidence supports jury's finding that employer took retaliatory actions against plaintiff in violation of Uniformed Services Employment and Reemployment Rights Act. |
Employment Law |
|
Oct. 26, 2006 | |
|
05-30076
|
U.S. v. Larson
Offenders' rights were not violated when they were prohibited from cross-examining witnesses about sentences they would receive in exchange for testimony. |
Criminal Law and Procedure |
|
Oct. 26, 2006 | |
|
04-35370
|
Allen v. Bayer Corp.
In multidistrict products liability litigation, court properly determined that many, but not all plaintiffs inexcusably failed to comply with case management orders. |
Torts |
|
Oct. 26, 2006 | |
|
04-16380
|
Trustees of the Construction Industry and Laborers Health and Welfare Trust v. Redland Insurance Co.
If fees for work performed by non-attorneys are customarily billed separately in relevant market, fees are recoverable under ERISA. |
Attorneys |
|
Oct. 26, 2006 | |
|
04-16149
|
The Fitzgerald Living Trust v. United States
Forest Service had statutory authority under Federal Land Policy Management Act to impose restrictions on private landowner's access over national forest land. |
Administrative Agencies |
|
Oct. 26, 2006 | |
|
05-998
|
U.S. v. Resendiz-Ponce
Order |
|
Oct. 25, 2006 | ||
|
B168163
|
Bothwell v. Abbott Laboratories Inc.
State regulation is valid exercise of lead agency's authority to implement Safe Drinking Water and Toxic Enforcement Act. |
Government |
|
Oct. 25, 2006 | |
|
02-55185
|
Riggs v. Fairman
Order |
|
Oct. 25, 2006 | ||
|
D045274
|
Citizens for Responsible Equitable Environmental Development v. City of San Diego Redevelopment Agency (Horton Land LLC)
Agency is not required to prepare separate environmental impact report whose impacts were sufficiently analyzed in prior report. |
Environmental Law |
|
Oct. 25, 2006 | |
|
G033611
|
People v. Boultinghouse
Congress' failure to designate 'GBL' as controlled substance does not violate federal supremacy principles. |
Constitutional Law |
|
Oct. 25, 2006 | |
|
C048707
|
People v. Harrisson
Condition of probation precluding possessor of child pornography from accessing Internet was not unduly restrictive. |
Criminal Law and Procedure |
|
Oct. 25, 2006 | |
|
G034755
|
People ex rel. Lockyer v. Brar
Motion to set aside default was properly denied against attorney who filed shakedown lawsuits against small businesses. |
Civil Procedure |
|
Oct. 25, 2006 | |
|
B176739
|
People v. Maldonado
For purposes of proving pattern of criminal gang activity, assault with firearm is predicate offense under Penal Code Section 186.22(e)(1). |
Criminal Law and Procedure |
|
Oct. 25, 2006 | |
|
B171593
|
Hope v. California Youth Authority
California Youth Authority was found liable for sexual orientation harassment of its employee. |
Employment Law |
|
Oct. 25, 2006 | |
|
06-99001
|
Allen v. Ornoski
Because death row inmate's 'Lackey' claim is second or successive application, it was properly dismissed. |
Criminal Law and Procedure |
|
Oct. 25, 2006 | |
|
04-10597
|
U.S. v. Serna
State court conviction for possession of assault weapon was not crime of violence for purposes of Federal Sentencing Guidelines. |
Criminal Law and Procedure |
|
Oct. 25, 2006 | |
|
B184264
|
People v. Davis
Where drugs were found in garage, there was insufficient evidence to support finding that offender possessed them for sale in 'public area.' |
Criminal Law and Procedure |
|
Oct. 25, 2006 | |
|
D046822
|
Escamilla v. California Dept. of Corrections and Rehabilitation
In case where inmate sought value of unreturned personal property, alleged facts were sufficient to support petition for writ of mandamus. |
Prisoners Rights |
|
Oct. 25, 2006 | |
|
B186442
|
Gladys L., a Minor
Juvenile court may not terminate presumed father's parental rights where it failed to find unfitness by clear and convincing evidence. |
Juveniles |
|
Oct. 25, 2006 |