| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
C043392
|
Ross v. Ragingwire Telecommunications Inc.
Employee who was fired for using medical marijuana failed to establish wrongful termination claim. |
Employment Law |
|
Dec. 13, 2005 | |
|
03-99007
|
Sims v. Brown
Defendant's convicted of first-degree murder and sentenced to death is not entitled to habeas relief. |
Criminal Law and Procedure |
|
Dec. 13, 2005 | |
|
D045017
|
CPF Agency Corp. v. R&S Towing Service
State regulation regarding vehicle storage fees for nonconsensual towing services is not preempted by federal law. |
Civil Procedure |
|
Dec. 13, 2005 | |
|
D044894
|
CPF Agency Corp. v. Sevel's 24 Hour Towing Service
State regulations regarding vehicle storage fees are not pre-empted by Federal Aviation Administration Authorization Act. |
Civil Procedure |
|
Dec. 13, 2005 | |
|
B175665
|
Valov v. Dept. of Motor Vehicles
Licensee was not entitled to religious exemption from state's generally applicable driver's license requirements. |
Constitutional Law |
|
Dec. 13, 2005 | |
|
03-17224
|
Glenbrook Homeowners Assoc. v. Tahoe Regional Planning Agency
Contractual rights assigned to homeowner's association through deed could not later be transferred by another assignment. |
Real Property |
|
Dec. 13, 2005 | |
|
B176080
|
Mirpad v. California Insurance Guarantee Association
Insurance policy's coverage for 'wrongful eviction' applies only to persons, not organizations. |
Insurance |
|
Dec. 13, 2005 | |
|
B181881
|
Shapell Industries Inc. v. Superior Court (Stark)
Voluntary dismissal of named representative plaintiff of class did not divest court of subject matter jurisdiction. |
Civil Procedure |
|
Dec. 13, 2005 | |
|
B174036
|
Doheny Park Terrace Homeowners Association Inc. v. Truck Insurance Exchange
One-year insurance claim revival period does not preclude application of equitable estoppel. |
Civil Procedure |
|
Dec. 13, 2005 | |
|
03-10421
|
U.S. v. Kortgaard
Sentence that included upward departures under mandatory sentencing guidelines was invalid. |
Criminal Law and Procedure |
|
Dec. 13, 2005 | |
|
04-631
|
Wagnon v. Prairie Band Potawatomi Nation
Kansas' nondiscriminatory motor fuel tax imposed on off-reservation transactions between non-Indians is valid and does not threaten tribe's sovereignty. |
Native American Affairs |
|
Dec. 12, 2005 | |
|
05M34
|
Under Seal v. United States
Order |
|
Dec. 12, 2005 | ||
|
S135631
|
People v. Baylor
Order |
|
Dec. 12, 2005 | ||
|
04-36150
|
Martinez-Rosas v. Gonzales
Court lacked jurisdiction to determine whether alien's failure to show hardship warranted cancellation of removal. |
Immigration |
|
Dec. 11, 2005 | |
|
04-35105
|
Autery v. United States
Independent-contractor exception bars federal tort claim against government for failure to maintain firebreaks. |
Government |
|
Dec. 11, 2005 | |
|
04-74204
|
Alaska Dept. of Health and Social Services v. Centers for Medicare and Medicaid Services
Agency did not abuse its discretion in disapproving proposed amendment to Medicaid state plan. |
Government |
|
Dec. 11, 2005 | |
|
03-35950
|
ASW v. State of Oregon
Adoptive parents have federally enforceable right to adoption assistance and fair hearing before reduction of assistance. |
Constitutional Law |
|
Dec. 11, 2005 | |
|
03-73064
|
Recon Refractory & Construction Inc. v. National Labor Relations Board
National Labor Relations Board correctly found that case is work-preservation dispute, not inter-union jurisdictional dispute. |
Labor Law |
|
Dec. 11, 2005 | |
|
03-56818
|
Weinstein, Eisen & Weiss LLP v. Gill (In re Cooper Commons LLC)
Lender of bankrupt debtor can specify that post-petition loans it makes may be used only for certain purposes. |
Bankruptcy |
|
Dec. 11, 2005 | |
|
03-17207
|
Lewis v. Norton
Federal court lacks jurisdiction to determine whether plaintiffs are members of Indian tribe and entitled to share of casino revenue. |
Native American Affairs |
|
Dec. 11, 2005 | |
|
03-10548
|
U.S. v. Smith
Failure to provide warrant at outset of search and attach supporting affidavit does not necessarily render search invalid. |
Criminal Law and Procedure |
|
Dec. 11, 2005 | |
|
04-50286
|
U.S. v. Hernandez
Removal of car door panels by border agents was not unreasonable search. |
Criminal Law and Procedure |
|
Dec. 11, 2005 | |
|
03-16959
|
Dominguez-Curry v. Nevada Transportation Dept.
Genuine factual dispute exists as to whether discriminatory animus played role in employer's decision not to promote female employee. |
Employment Law |
|
Dec. 11, 2005 | |
|
04-50421
|
U.S. v. Chaudhry
Border agents do not need reasonable suspicion to conduct 'exploratory drilling' of bed of pickup truck. |
Criminal Law and Procedure |
|
Dec. 11, 2005 | |
|
04-50497
|
U.S. v. Flores-Montano
Border inspectors did not need suspicion of wrongdoing to conduct search of vehicle's gas tank. |
Criminal Law and Procedure |
|
Dec. 11, 2005 | |
|
03-56314
|
Boeing North America Inc. v. Ybarra (In re Ybarra)
Portion of attorney fees incurred after bankruptcy petition based on pre-petition cause of action is not discharged. |
Bankruptcy |
|
Dec. 11, 2005 | |
|
03-17323
|
Altera Corp. v. Clear Logic Inc.
Award of $30 million for infringement of Semiconductor Chip Protection Act is upheld. |
Intellectual Property |
|
Dec. 11, 2005 | |
|
03-16855
|
EEOC v. United Parcel Service Inc.
Employer may refuse to hire persons with monocular vision as commercial drivers. |
Employment Law |
|
Dec. 11, 2005 | |
|
04-35539
|
Tillison v. Gregoire
Washington state law restricting nonconsensual towing of vehicles is not preempted by federal law. |
Civil Procedure |
|
Dec. 11, 2005 | |
|
05-309
|
Opinion of Lockyer
Physician may be reimbursed for expenses incurred during tsunami if services rendered directly assist hospital district in accomplishing its authorized public responsibilities. |
Government |
|
Dec. 9, 2005 |