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Name Category Published
Charlotte V., a Minor
Mother fails to overturn termination of parental rights by arguing inadequate compliance with ICWA's notice requirements.
Dependency Nov. 30, 2016
Department of Health Care Services v. Office of Administrative Hearings (Parents on Behalf of Student et al.)
Judgment in favor of student who prevailed in special education due process complaint affirmed where trial court does not err in denying petition for writs of mandamus.
Education Nov. 30, 2016
Mission Bay Alliance v. Office of Community Investment
Changes due to impact of stadium plan for Golden State Warriors in line with predictions made in 1998 environmental impact report or meet general CEQA guidelines.
Environmental Law Nov. 30, 2016
Condon v. Daland
Per terms of contract, new arbitration should proceed where award exceeds contractually bargained-for threshold.
Arbitration Nov. 30, 2016
Gallegos v. Ryan
Order
Nov. 30, 2016
Reyes v. Lynch
BIA's interpretation, in its precedential opinion, of ambiguous phrase 'particular social group' is reasonable and entitled to 'Chevron' deference.
Immigration Nov. 30, 2016
Driscoll v. Granite Rock Company
Company allowing employees to work through lunch in turn for extra pay does not violate 'Brinker' holding, requiring employees to relinquish control over employees during meal-time breaks.
Employment Law Nov. 30, 2016
People v. Houser
Child sex abuse convictions overturned where trial court failed to conduct competency hearing of defendant who saw prosecutor as 'attacking vampire.'
Criminal Law and Procedure Nov. 29, 2016
Bravo-Fernandez v. United States
Issue-preclusion component of Double Jeopardy Clause does not bar retrial after jury returns irreconcilably inconsistent verdicts of conviction and acquittal and convictions later vacated on unrelated ground.
Constitutional Law Nov. 29, 2016
United States v. Doe
Evidence of repeated success using identity information in DMV applications is enough to establish that user knew information belonged to another, meriting identity theft conviction.
Criminal Law and Procedure Nov. 29, 2016
Gutierrez v. Colvin
Social Security ALJ's alleged failure to specifically inquire about applicant's ability to perform cashiering given her disabilities does not require reversal of benefits denial.
Administrative Agencies Nov. 29, 2016
People v. Moore
In classic whodunit case, disgruntled farmer fails to overthrow murder conviction based largely on circumstantial evidence by casting blame on cousin.
Criminal Law and Procedure Nov. 29, 2016
Tidwell Enterprises v. Financial Pacific Ins. Co.
Incremental structural damage incurred during insurance policy period culminating in fire after expiration of policy may still require insurer to cover insured.
Insurance Nov. 29, 2016
Goonewardene v. ADP LLC
Plaintiff should have been granted leave to amend complaint where she states claims for breach of contract based on third party beneficiary theory, negligence, and negligent misrepresentation.
Business Law Nov. 29, 2016
Lamb v. U.S.
Order
Nov. 28, 2016
Steiner v. U.S.
Order
Nov. 28, 2016
City of Palo Alto v. Public Employment Relations Board (International Association of Firefighters)
Public Employment Relations Board's order directing city to rescind resolution violates doctrine of separation of powers, resulting in annulment and remand.
Government Nov. 28, 2016
Hunter v. Cole
Order
Nov. 28, 2016
Blixseth v. Brown (In re Yellowstone Mountain Club LLC)
Plaintiffs must seek bankruptcy court's permission to sue member of Unsecured Creditors' Committee pursuant to 'Barton' doctrine.
Bankruptcy Nov. 28, 2016
Hughes v. Kisela
Facts do not support decision to grant summary judgment in favor of officer who shot woman holding a knife, resulting in reversal and remand.
Civil Rights Nov. 28, 2016
Riera-Riera v. Lynch
Alien entering United States under Visa Waiver Program subject to program restrictions, even if entry was based on fraudulent immigration documents.
Immigration Nov. 28, 2016
People v. Allen
No merit to defendant's challenge to his escape conviction, where he voluntarily left his place of confinement during curfew.
Criminal Law and Procedure Nov. 28, 2016
Doe v. Regents of the University of California
University successfully overturns ruling in student's favor where university hearing is not unfair, and decision that student committed sexual misconduct is supported by substantial evidence.
Education Nov. 24, 2016
LAOSD Asbestos Cases
Jury instruction stating that employers have a non-delegable duty to create a safe workplace did not create special burden for plaintiffs in establishing negligence of third party contractor.
Civil Procedure Nov. 24, 2016
O.C., a Minor
Termination of parental rights over possible Indian children partly overturned due to noncompliance with ICWA and state law noticing requirements.
Native American Affairs Nov. 24, 2016
People v. Mejia
Sentence based on husband's final act of assault on wife he tortured over three-month period must be stayed where act was part of entire course of conduct constituting torture.
Criminal Law and Procedure Nov. 24, 2016
McNair v. City and County of San Francisco
Doctor - who had refused on good cause to certify patient's fitness for commercial driver's license - noticing DMV as to patient's cognitive impairment is protected under litigation privilege from tort claim.
Civil Procedure Nov. 24, 2016
People v. Dekraai
Recusal of entire prosecutorial office upheld where office's conflict of interest with sheriff's department prevents it from fairly prosecuting defendant's penalty phase.
Criminal Law and Procedure Nov. 24, 2016
Kase v. Metalclad Insulation Corporation
Navy insulation requirements implicitly requiring use of asbestos-laced product constitute 'reasonably precise specifications' under the government contractor defense.
Civil Procedure Nov. 24, 2016
Oregon Coast Scenic Railroad v. Oregon Dept. of State Lands
State of Oregon's 'removal-fill law' is preempted by federal law as applied to repair work performed by contractor under agreement with federally regulated rail carrier.
Constitutional Law Nov. 24, 2016