| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
04-16007
|
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 | |
|
04-1327
|
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 | |
|
03-15854
|
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 | |
|
05-10280
|
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 | |
|
04-72270
|
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 | |
|
04-1506
|
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 | |
|
05-15076
|
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 | |
|
03-73856
|
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 | |
|
05-16504
|
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 | |
|
S142564
|
Campo Band of Mission Indians v. S.C. (Bluehawk)
Order |
|
Aug. 9, 2006 | ||
|
D040473
|
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 | |
|
S037302
|
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 | |
|
04-16401
|
Merrill Lynch, Pierce, Fenner and Smith, Inc.
Order |
|
Aug. 8, 2006 | ||
|
05-30270
|
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 | |
|
03-57102
|
Laws v. Sony Music Entertainment Inc.
Vocalist's misappropriation claims against recording company were pre-empted by Copyright Act. |
Intellectual Property |
|
Aug. 8, 2006 | |
|
04-15961
|
Vacek v. U.S. Postal Service
Mailbox rule does not apply to claims under Federal Tort Claims Act. |
Torts |
|
Aug. 8, 2006 | |
|
05-55828
|
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 | |
|
01-56016
|
Friery v. Los Angeles Unified School District
Order |
|
Aug. 8, 2006 | ||
|
05-50489
|
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 | |
|
05-56567
|
Amalgamated Transit Union Local 1309 v. Laidlaw Transit Services Inc.
Order |
|
Aug. 8, 2006 | ||
|
05-10115
|
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 | |
|
04-56369
|
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 | |
|
04-16179
|
Forest Guardians v. Johanns
Forest Service's failure to reinitiate consultation on environmental impact of cattle grazing in national forest violated Endangered Species Act. |
Environmental Law |
|
Aug. 8, 2006 | |
|
05-603
|
Opinion of Lockyer
Chamber of commerce leasing land from city is not prohibited from advertising its support of ballot measure on posted sign. |
Government |
|
Aug. 8, 2006 | |
|
04-35574
|
Pinard v. Clatskanie School District 6J
First Amendment protects high school basketball players' petition requesting resignation of their coach, where petition did not disrupt school activities. |
Constitutional Law |
|
Aug. 8, 2006 | |
|
B183851
|
In re Versal B.
Where placement order was made in excess of court's jurisdiction, order placing minor in deferred entry of judgment program was properly vacated. |
Juveniles |
|
Aug. 7, 2006 | |
|
04-56231
|
Benitez v. Garcia
Federal habeas courts may enforce limitations on punishment of extradited fugitive if punishment exceeds that imposed by extraditing country. |
Criminal Law and Procedure |
|
Aug. 7, 2006 | |
|
03-56712
|
Hydrick v. Hunter
Where sexually violent predators challenge conditions of confinement, Eleventh Amendment does not bar claim for damages against defendants in their individual capacities. |
Criminal Law and Procedure |
|
Aug. 7, 2006 | |
|
03-74628
|
San Luis Obispo Mothers For Peace v. Nuclear Regulatory Commission
U.S. Nuclear Regulatory Commission improperly determined that consideration of terrorist attack on nuclear facility was not required in environmental review. |
Environmental Law |
|
Aug. 7, 2006 | |
|
05-50000
|
U.S. v. Rios
Conviction for possession of firearm in furtherance of drug crime was improper where firearm was not readily accessible to offender during crime. |
Criminal Law and Procedure |
|
Aug. 7, 2006 |