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Name Category Published
Mills v. Superior Court (Bed, Bath & Beyond Inc.)
Payment mandated by Labor Code Section 226.7 for employer's failure to provide meal or rest periods is penalty not wage.
Employment Law Jun. 6, 2006
People v. Ristau
Court was not required to instruct jury that sale of unregistered securities included scienter element.
Criminal Law and Procedure Jun. 6, 2006
People v. Anzalone
Defense counsel provided ineffective assistance when he failed to object to misstatement of law.
Criminal Law and Procedure Jun. 6, 2006
U.S. v. Bad Marriage
Court's imposition of more severe sentence on remand is proper where it concluded defendant was extremely dangerous.
Criminal Law and Procedure Jun. 6, 2006
Sea Hawk Seafoods Inc. v. State of Alaska (In re Valdez Fisheries Development Association Inc.)
Bankruptcy court did not have jurisdiction over adversary proceeding between two creditors brought after dismissal of underlying bankruptcy case.
Bankruptcy Jun. 6, 2006
U.S. v. Bear
Defendant's conviction is not proper where court's failure to give jury sua sponte instruction on public authority defense was plain error.
Criminal Law and Procedure Jun. 6, 2006
Ray v. Gonzales
Immigrant's motion to reopen proceedings should have been granted in light of his attorneys' ineffective assistance of counsel.
Immigration Jun. 6, 2006
U.S. v. Jennings
Bank robber's statement to teller that he had gun qualified as threat of death and subjected him to two-level sentencing enhancement.
Criminal Law and Procedure Jun. 6, 2006
Ibarra-Flores v. Gonzales
Testimony before immigration judge suggests that because of immigration officers' misrepresentations, petitioner did not knowingly and voluntarily accept administrative voluntary departure.
Immigration Jun. 6, 2006
Fernandez v. Gonzales
Court lacked jurisdiction to review Board of Immigration Appeals' decision where petitioner failed to prima facie meet hardship requirement for removal cancellation.
Immigration Jun. 6, 2006
People v. Carmichael
Security fee under Penal Code Section 1465.8 could not be applied retroactively to conviction for offense occurring before effective date of statute.
Criminal Law and Procedure Jun. 5, 2006
Cingular Wireless, LLC v. Mendoza
Order
Jun. 5, 2006
Whitman v. Dept. of Transportation
Order
Jun. 5, 2006
Blanco-Loya v. United States
Order
Jun. 5, 2006
Mohawk Industries Inc. v. Williams
Order
Jun. 5, 2006
Kirby Elizabeth City, NC
Order
Jun. 5, 2006
Vo v. Benov
Order
Jun. 5, 2006
Mendez v. USDC Ed NC
Order
Jun. 5, 2006
Wilson v. 21st Century Insurance Co.
Insured raised triable issue of fact regarding bad faith when insurer failed to contact insured's treating physician.
Insurance Jun. 5, 2006
U.S. v. Lopez-Perera
Defendant's conviction for possessing firearm while unlawfully in United States is not proper because at time charged, he had not entered country.
Criminal Law and Procedure Jun. 5, 2006
U.S. v. Morales-Perez
Statute prohibiting possession or purchase of cocaine base is not categorically drug trafficking offense for sentence enhancement purposes.
Criminal Law and Procedure Jun. 5, 2006
Ray v. Gonzales
Order
Jun. 5, 2006
Morales v. Hickman
Requirement that anesthesiologist be present during execution sufficiently ensured condemned would not be subject to undue risk of extreme pain.
Criminal Law and Procedure Jun. 5, 2006
Crawford v. Weather Shield MFG. Inc.
Manufacturer was obligated to pay defense costs of developer where contract expressly provided that obligation was not dependent on fault.
Contracts Jun. 4, 2006
People v. Allegheny Casualty Co.
Forfeiture of bail must be set aside where Penal Code requires declaration that bail is forfeited 'in open court'.
Criminal Law and Procedure Jun. 4, 2006
CDM Investors v. American National Fire Insurance
Order
Jun. 2, 2006
Costa v. Superior Court (Lockyer)
Order
Jun. 2, 2006
Nelson v. Meyer (In re Nelson)
Bankruptcy court abused its discretion when it failed to afford debtor opportunity to propose modified plan following denial of plan confirmation.
Bankruptcy Jun. 2, 2006
Garcetti v. Ceballos
First Amendment does not protect government employee from discipline based on speech made pursuant to employee's official duties.
Constitutional Law Jun. 2, 2006
Opinion of Lockyer
Results of closed session in which local agency considered but ultimately rejected proposed dismissal of public employee need not be publicly reported.
Government May 30, 2006