| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
B164398
|
Bullock v. Philip Morris USA Inc.
Extreme reprehensibility of tobacco company's conduct justifies 33-to-1 ratio of punitive damages to compensatory damages. |
Torts |
|
Aug. 28, 2006 | |
|
S037006
|
People v. Huggins
Possibly valid claim of instructional error at defendant's competency trial before guilt phase was harmless. |
Criminal Law and Procedure |
|
Aug. 28, 2006 | |
|
05-50589
|
U.S. v. Delamora
Term of supervised release is tolled for fugitive during time that he absconds from supervision until he is found. |
Criminal Law and Procedure |
|
Aug. 28, 2006 | |
|
04-15931
|
Environmental Protection Information Center v. U.S. Forest Service
Agency's environmental assessment is adequate if there is no significant effect by proposed timber project, and complies with National Forest Management Act. |
Environmental Law |
|
Aug. 28, 2006 | |
|
04-35677
|
Davel Communications Inc. v. Qwest Corp.
Reimbursement claims of payphone service provider purchasing telecommunications services from local exchange carrier were not barred by 'filed-rate doctrine.' |
Administrative Agencies |
|
Aug. 28, 2006 | |
|
04-15505
|
Anderson v. Warner
Where off-duty jail commander ordered bystanders to not interfere in assault, he was acting under color of state law. |
Civil Rights |
|
Aug. 28, 2006 | |
|
04-71717
|
Cisneros-Perez v. Gonzales
Conviction for simple battery does not qualify as crime of domestic violence that would render petitioner ineligible for cancellation of removal. |
Immigration |
|
Aug. 28, 2006 | |
|
05-16401
|
Ritchie v. United States
In deciding motion for judgment based on partial findings under FRCP 52(c), district court may make findings in its own view of evidence. |
Civil Procedure |
|
Aug. 28, 2006 | |
|
01-56958
|
Collins v. Rice
Order |
|
Aug. 28, 2006 | ||
|
04-36087
|
Dark v. Curry County
ADA lawsuit was improperly dismissed where genuine issue of material fact existed as to whether disability was motivating factor for discharge. |
Employment Law |
|
Aug. 28, 2006 | |
|
S123510
|
Barratt American v. City of Encinitas
Order |
|
Aug. 27, 2006 | ||
|
S140612
|
People v. Gomez
Order |
|
Aug. 27, 2006 | ||
|
B178385
|
Jonkey v. Carignan Construction Co.
Where jury found defendant was negligent but that its negligence was not substantial factor in causing harm to plaintiff, judgment is upheld. |
Torts |
|
Aug. 27, 2006 | |
|
02-71041
|
Westpac Pacific Food v. Commissioner of Internal Revenue
Cash advances in exchange for volume purchase commitments do not constitute income, as repayment is required if volume commitments are not met. |
Taxation |
|
Aug. 27, 2006 | |
|
03-57012
|
Brittain v. Hansen
Police officer is entitled to qualified immunity where plaintiff failed to show that her substantive or procedural due process rights were violated. |
Government |
|
Aug. 27, 2006 | |
|
06-506
|
Opinion of Lockyer
City council can enter subdivision improvement agreement even though council member rents in apartment building that will undergo condominium conversion. |
Government |
|
Aug. 27, 2006 | |
|
99-O-12923
|
Van Sickle v. State Bar
State Bar Rules do not mandate specific disciplinary outcomes, and exceptions can be made to application of standards, despite seemingly mandatory language. |
Attorneys |
|
Aug. 27, 2006 | |
|
S145648
|
Rutherford v. Buckalew
Order |
|
Aug. 25, 2006 | ||
|
S129755
|
People v. Standish
Order |
|
Aug. 25, 2006 | ||
|
B178115
|
People v. Carrasco
Firing gun after threat was made and two hours before defendant received money supports allegation of personally discharging firearm during commission of robbery. |
Criminal Law and Procedure |
|
Aug. 25, 2006 | |
|
G035101
|
Consumer Defense Group v. Rental Housing Industry Members
Insufficient notices in Proposition 65 cases require dismissal, and appellate court suggests legal work merited attorney fees award of $1.98. |
Civil Procedure |
|
Aug. 25, 2006 | |
|
B178428
|
Harris v. Investor's Business Daily, Inc.
Demurrer is improperly sustained where Fair Labor Standards Act does not pre-empt claim under California Business and Professions Code. |
Labor Law |
|
Aug. 25, 2006 | |
|
E037066
|
People v. Lopez
Admission of testimony was proper where criminal defendant's privilege not to testify has not been extended to civil commitments. |
Constitutional Law |
|
Aug. 25, 2006 | |
|
B179975
|
Zuniga v. Los Angeles County Civil Service Commission
Court properly upheld county civil service commission's rejection of former deputy sheriff's claim for back pay. |
Civil Procedure |
|
Aug. 25, 2006 | |
|
B179975
|
Zuniga v. Los Angeles County Civil Service Commission
Court properly upheld county civil service commission's rejection of former deputy sheriff's claim for back pay. |
Civil Procedure |
|
Aug. 25, 2006 | |
|
06-99004
|
Dawson v. Mahoney
Order |
|
Aug. 25, 2006 | ||
|
05-10243
|
U.S. v. Staffeldt
Wiretap evidence is suppressed where it could not be concluded that wiretap application had been authorized. |
Criminal Law and Procedure |
|
Aug. 25, 2006 | |
|
04-354241
|
Tutor-Saliba Corp. v. City of Hailey
Court did not err in awarding defendants fees for defending against frivolous claims, however determination of amount of award must be adequately explained. |
Attorneys |
|
Aug. 25, 2006 | |
|
05-35153
|
Pakootas v. Teck Cominco Metals Ltd.
Domestic application of CERCLA is required where hazardous substances were released within United States. |
Environmental Law |
|
Aug. 25, 2006 | |
|
05-10480
|
U.S. v. Clark
In unlawful possession of firearm case, resentencing is necessary because it cannot be determined whether court made factual finding to support enhancement. |
Criminal Law and Procedure |
|
Aug. 25, 2006 |