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Name Category Published
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
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
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
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
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
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
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
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
Collins v. Rice
Order
Aug. 28, 2006
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
Barratt American v. City of Encinitas
Order
Aug. 27, 2006
People v. Gomez
Order
Aug. 27, 2006
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
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
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
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
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
Rutherford v. Buckalew
Order
Aug. 25, 2006
People v. Standish
Order
Aug. 25, 2006
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
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
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
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
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
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
Dawson v. Mahoney
Order
Aug. 25, 2006
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
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
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
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