| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
05A1233
|
San Diegans for the Mt. Soledad National War Memorial v. Paulson
In case concerning whether Latin cross should remain on city property, stay should be granted while new legislation's effect on litigation is considered. |
Constitutional Law |
|
Jul. 14, 2006 | |
|
03-55824
|
Lindsey v. SLT Los Angeles
District court erred in deciding plaintiff failed to prove prima facie case of racial discrimination. |
Civil Rights |
|
Jul. 13, 2006 | |
|
S143799
|
Fairfax v. Lords
Order |
|
Jul. 13, 2006 | ||
|
S143488
|
Wal Mart Stores Inc. v. City of Turlock
Order |
|
Jul. 13, 2006 | ||
|
05-30045
|
U.S. v. Plouffe
Where district court's sentencing approach was reasoned and addressed applicable statutory factors, defendant's sentence is reasonable and will not be disturbed. |
Criminal Law and Procedure |
|
Jul. 12, 2006 | |
|
05-10115
|
U.S. v. Morales-Perez
Order |
|
Jul. 12, 2006 | ||
|
04-55457
|
Way v. County of Ventura
Although plaintiff's constitutional rights were violated during strip search with visual cavity inspection, unconstitutionality of search was not clearly established. |
Government |
|
Jul. 12, 2006 | |
|
05-1051
|
Wall Street Plaza v. JSJF Corp. (In re JSJF Corp.)
Bankruptcy court erred where it based its ruling on mistaken legal premise and disallowed landlord's claim because it was not for rent. |
Bankruptcy |
|
Jul. 12, 2006 | |
|
04-16049
|
U.S. v. Brown
Rifle that could be 'readily restored' to shoot automatically was machinegun within meaning of National Firearms Act and subject to forfeiture. |
Criminal Law and Procedure |
|
Jul. 11, 2006 | |
|
04-17330
|
Mason v. Yarborough
In case involving confrontation rights issue, court properly denied habeas relief because co-participant's statement to detective did not mention defendant. |
Criminal Law and Procedure |
|
Jul. 11, 2006 | |
|
05-56040
|
Smelt v. County of Orange
Abstention is proper in case challenging California's laws against same-sex marriages and plaintiffs lack standing to attack Federal Defense of Marriage Act. |
Constitutional Law |
|
Jul. 11, 2006 | |
|
04-72190
|
Fargo v. Commissioner of Internal Revenue
IRS did not abuse discretion by rejecting taxpayers' offer to pay $7,500 in compromise of $104,000 interest owed on income tax liabilities. |
Taxation |
|
Jul. 11, 2006 | |
|
05-50136
|
U.S. v. Torres-Hernandez
Court may consider only jury-eligible Hispanics in determining whether they are underrepresented on grand jury venires. |
Constitutional Law |
|
Jul. 11, 2006 | |
|
04-35724
|
Crowley Marine Services Inc. v. Maritrans Inc.
Fact that two vessels were operating in concert according to agreed maneuvers did not affect their liability under maritime statute. |
Maritime Law |
|
Jul. 11, 2006 | |
|
05-30248
|
U.S. v. Marcial-Santiago
Disparity between sentences imposed in District of Montana and in fast-track districts is justified by benefits gained from fast-track programs. |
Criminal Law and Procedure |
|
Jul. 11, 2006 | |
|
04-55582
|
Miller v. Xerox Corp. Retirement Income Guarantee Plan
Xerox Corporation's method of accounting for prior distributions in calculating employees' final retirement benefits violates ERISA. |
Employment Law |
|
Jul. 11, 2006 | |
|
04-55647
|
Moran v. Selig
Former baseball players failed to establish prima facie case of discrimination where enactment of 'Negro League Plans' was not adverse employment action. |
Civil Rights |
|
Jul. 11, 2006 | |
|
05-99002
|
Morris v. Ylst
Prosecution's failure to turn over allegedly material exculpatory evidence in murder case was not improper where independent evidence of guilt existed. |
Criminal Law and Procedure |
|
Jul. 11, 2006 | |
|
04-15402
|
Conrad v. United States
Sovereign immunity shields federal agent who performs discretionary function of deciding when to bring arrested person before magistrate judge. |
Torts |
|
Jul. 11, 2006 | |
|
03-56559
|
Wall Data Inc. v. Los Angeles County Sheriff's Dept.
Copyright infringement occurred where number of licenses sheriff department purchased was less than number of computers in which it installed software. |
Intellectual Property |
|
Jul. 11, 2006 | |
|
05-184
|
Hamdan v. Rumsfeld
Military commission established by President was not authorized to try alleged terrorist charged with conspiracy to commit attacks. |
Government |
|
Jul. 11, 2006 | |
|
05-9435
|
Marian v. Ventura County, CA
Order |
|
Jul. 11, 2006 | ||
|
05-9576
|
Gant v. Lockheed Corp.
Order |
|
Jul. 11, 2006 | ||
|
03-30381
|
U.S. v. Brigham
Use of Oregon's sentencing council procedure in fraud case was not prohibited ex parte communication amounting to plain error. |
Criminal Law and Procedure |
|
Jul. 10, 2006 | |
|
03-50496
|
U.S. v. Menyweather
Court's downward departure of sentence on basis of offender's mental condition was not abuse of discretion. |
Civil Procedure |
|
Jul. 10, 2006 | |
|
G034991
|
Pacific Bell Wireless v. PUC (Utility Consumers' Action Network)
California PUC's decisions against wireless communication services company did not challenge rates and were not pre-empted by federal law. |
Administrative Agencies |
|
Jul. 10, 2006 | |
|
B187818
|
Higgins v. Superior Court (Disney/ABC International Television)
Contract that petitioners signed to be on television show contained unconscionable arbitration provision and is thus unenforceable. |
Civil Procedure |
|
Jul. 10, 2006 | |
|
C049379
|
Hoskins v. Hogstad
Court's denial of special motion to strike is proper where hearing date was not within 30 days of service of motion. |
Civil Procedure |
|
Jul. 10, 2006 | |
|
G034848
|
People v. Herrera
Rule requiring proof of commission of crime by evidence other than defendant's extrajudicial statements was applicable at preliminary hearing. |
Criminal Law and Procedure |
|
Jul. 10, 2006 | |
|
H027670
|
Authority for California Cities Excess Liability v. City of Los Altos
Document signed by chiefs of police of three cities was not joint powers agreement or agreement to transfer functions. |
Government |
|
Jul. 10, 2006 |