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Name Category Published
Clark (Royal) v. S.C. (People)
Order
Aug. 10, 2006
Martinez (Juan) on H.C.
Order
Aug. 10, 2006
Khanna on Discipline
Order
Aug. 10, 2006
Peopel v. Cage
Order
Aug. 10, 2006
Opinion of Lockyer
Salary increase authorized for city council members applies to currently received salary amount for total number of years since last adjustment.
Government Aug. 10, 2006
Durham v. Lockheed Martin Corp.
Clock for removal of case to federal court was reset when party discovered case was also removable on federal officer grounds.
Civil Procedure Aug. 9, 2006
U.S. v. Arreola
Where statute defines only single offense, indictment against defendant was not duplicitous.
Criminal Law and Procedure Aug. 9, 2006
U.S. v. Rosenthal
In case involving conviction for violations of Controlled Substances Act, new trial is proper where conversation between juror and attorney involved extraneous information.
Civil Procedure Aug. 9, 2006
Educational Credit Management Corp. v. Nys (In re Nys)
To be eligible for discharge of student loans, debtor must prove that present inability to repay will likely persist.
Bankruptcy Aug. 9, 2006
Holmes v. South Carolina
Third-party guilt evidentiary rule violates defendant's right to have meaningful opportunity to present complete defense.
Criminal Law and Procedure Aug. 9, 2006
Rasberry v. Garcia
Court is not obligated to inform pro se habeas petitioner of potentially exhausted claims that petitioner failed to include in habeas petition.
Criminal Law and Procedure Aug. 9, 2006
U.S. v. Evans-Martinez
District court should have provided notice to offender of its intent to sentence him outside range suggested by Sentencing Guidelines.
Criminal Law and Procedure Aug. 9, 2006
International Chemical Workers Union Council of the United Food & Commercial Workers International and Its Local IC v. NLRB
Company's failure to disclose financial records to labor union during negotiations amounted to bad faith bargaining.
Labor Law Aug. 9, 2006
Arkansas Dept. of Health and Human Services v. Ahlborn
Federal anti-lien provision prohibits Arkansas statute from asserting lien on injured party's settlement beyond medical costs.
Government Aug. 9, 2006
BP West Coast Products v. May
Petroleum Marketing Practices Act was not violated where company sold its interests in gas facilities operated by lessee dealers.
Contracts Aug. 9, 2006
Aguiluz-Arellano v. Gonzales
Immigrant's second controlled substance conviction did not warrant treatment under Federal First Offender Act thereby rendering him removable.
Immigration Aug. 9, 2006
E. & J. Gallo Winery v. Andina Licores S.A.
Where forum selection clause is valid and enforceable, distributor is barred from proceeding with litigation in Ecuador against California winery.
Civil Procedure Aug. 9, 2006
Campo Band of Mission Indians v. S.C. (Bluehawk)
Order
Aug. 9, 2006
Gober v. Ralphs Grocery Store
Different evidence excluded during liability trial that is relevant to amount of punitive damages may be admissible.
Civil Procedure Aug. 8, 2006
People v. Hinton
Capital offender whose allegations of prosecutorial misconduct were unfounded was not entitled to new trial.
Criminal Law and Procedure Aug. 8, 2006
Merrill Lynch, Pierce, Fenner and Smith, Inc.
Order
Aug. 8, 2006
U.S. v. Casch
In jury trial, it is not for court to determine that venue exists, but any such error is subject to harmless error analysis.
Criminal Law and Procedure Aug. 8, 2006
Laws v. Sony Music Entertainment Inc.
Vocalist's misappropriation claims against recording company were pre-empted by Copyright Act.
Intellectual Property Aug. 8, 2006
Vacek v. U.S. Postal Service
Mailbox rule does not apply to claims under Federal Tort Claims Act.
Torts Aug. 8, 2006
Dept. of Parks and Recreation for the State of California v. Bazaar del Mundo Inc.
In trademark infringement case, denial of injunctive relief is proper where plaintiff could not show protectible ownership interest in trademarks.
Intellectual Property Aug. 8, 2006
Friery v. Los Angeles Unified School District
Order
Aug. 8, 2006
U.S. v. Pintado-Isiordia
Court failed to make clear on record which approach it relied on when it concluded that defendant's conviction was crime of violence.
Criminal Law and Procedure Aug. 8, 2006
Amalgamated Transit Union Local 1309 v. Laidlaw Transit Services Inc.
Order
Aug. 8, 2006
U.S. v. Morales-Perez
Conviction under California Health and Safety Code Section 11351.5 categorically qualifies as drug trafficking offense under federal Sentencing Guidelines.
Criminal Law and Procedure Aug. 8, 2006
Jerry Beeman and Pharmacy Services Inc. v. TDI Managed Care Services Inc.
Pharmacies established procedural injury when they showed that pharmacy benefit managers failed to conduct certain studies, mandated by statute, on pharmacy fees.
Constitutional Law Aug. 8, 2006