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Name Category Published
Tanner v. CalPERS
City manager has no right to have retirement benefit calculated based on higher base salary from final employment agreement where documents do not qualify as 'pay schedule.'
Government Jun. 30, 2016
Ramos v. Garcia
Labor Code's two-way fee shifting provision does not allow award of attorney fees to prevailing 'co-employee' whom plaintiff-employee erroneously sued as his 'employer.'
Labor Law Jun. 30, 2016
Rice v. Downs
Trial court errs in compelling parties to arbitrate certain tort claims that did not arise from the parties' operation agreement.
Torts Jun. 30, 2016
Scott v. Yoho
California Code of Civil Procedure requirement for 30-day rescission period for medical arbitration contracts preempted by Federal Arbitration Act.
Contracts Jun. 30, 2016
Miguel S., a Minor
Termination of presumed father's parental rights over children who possibly qualified as Indian children overturned due to noncompliance with Indian Child Welfare Act.
Native American Affairs Jun. 30, 2016
People v. Olivas
Court's answer in the negative to question regarding the consideration of lesser offense before deciding verdict on greater offense constitutes prejudicial 'Kurtzman' error.
Criminal Law and Procedure Jun. 30, 2016
People v. Smith
Murder convictions reversed due to prejudicial error stemming from incorrect jury instructions and erroneously admitted hearsay evidence.
Criminal Law and Procedure Jun. 30, 2016
Ivy v. Morath
Did the Fifth Circuit err in deciding that the relationship between public and private actors does not invoke dual obligations to accommodate in any context other than an express contractual relationship between a public entity and its private vendor?
Jun. 29, 2016
Fry v. Napoleon Community Sch.
Whether the HCPA commands exhaustion in a suit, brought under the Americans with Disabilities Act and the Rehabilitation Act, that seeks damages-a remedy that is not available under the IDEA.
Jun. 29, 2016
Czyzewski v. Jevic Holding Corp.
Order
Jun. 29, 2016
Visa Inc. v. Osborn
Whether allegations that members of a business association agreed to adhere to the association's rules and possess governance rights in the association, without more, are sufficient to plead the element of conspiracy in violation of Section 1 of the Sherman Act, 15 U.S.C. § 1, as the Court of Appeals held below, or are insufficient, as the Third, Fourth, and Ninth Circuits have held.
Jun. 29, 2016
Visa Inc. v. Stoumbos
Whether allegations that members of a business association agreed to adhere to the association's rules and possess governance rights in the association, without more, are sufficient to plead the element of conspiracy in violation of Section 1 of the Sherman Act, 15 U.S.C. § 1, as the Court of Appeals held below, or are insufficient, as the Third, Fourth, and Ninth Circuits have held.
Jun. 29, 2016
Harns v. North Dakota
Order
Jun. 29, 2016
Wojahn v. Levi
Order
Jun. 29, 2016
Bank of America Corp. v. Miami, FL
By limiting suit to "aggrieved person[s]," did Congress require that an Fair Housing Act plaintiff plead more than just Article III injury-in-fact? Does proximate cause under the FHA require more than just the possibility that a defendant could have foreseen that the remote plaintiff might ultimately lose money through some theoretical chain of contingencies?
Jun. 29, 2016
Wells Fargo & Co. v. Miami, FL
By limiting suit to "aggrieved person[s]," did Congress require that an Fair Housing Act plaintiff plead more than just Article III injury-in-fact? Does proximate cause under the FHA require more than just the possibility that a defendant could have foreseen that the remote plaintiff might ultimately lose money through some theoretical chain of contingencies?
Jun. 29, 2016
Lynch v. Morales-Santana
Whether Congress's decision to impose a different physical-presence requirement on unwed citizen mothers of foreign-born children than on other citizen parents of foreign-born children violates equal protection. Whether the court of appeals erred in conferring U.S. citizenship on respondent, in the absence of any express statutory authority to do so.
Jun. 29, 2016
U.S. v. Lindsey
In mortgage fraud cases, lender negligence in verifying loan application information or intentional disregard of such information is no defense and evidence of such is inadmissible as a defense.
Criminal Law and Procedure Jun. 29, 2016
U.S. v. Lemus
Comparison of drugs that were not tied to defendant is insufficient to support jury's quantity finding, warranting reversal and remand for resentencing.
Criminal Law and Procedure Jun. 29, 2016
People v. Bollaert
Convictions of operator of Web site allowing users to post private, intimate photographs of others upheld.
Criminal Law and Procedure Jun. 29, 2016
People v. Romo
Closing argument statement regarding presumption of innocence not prosecutorial misconduct as language does not reverse presumption of innocence.
Criminal Law and Procedure Jun. 29, 2016
George F., a Minor
Electronics use and search conditions over juvenile sex offender does not violate 'Lent' and is not unconstitutionally overbroad.
Juveniles Jun. 29, 2016
Brodeur v. Atlas Entertainment Inc.
Anti-SLAPP motion in 'American Hustle' case prevails as popularity of microwaves during 1970s constitutes matter of 'public interest.'
Civil Procedure Jun. 28, 2016
Paslay v. State Farm General Insurance Co.
Homeowners may maintain breach of insurance contract action against insurer for unpaid policy benefits in connection with water damage to their home.
Insurance Jun. 28, 2016
Venezuela v. Helmerich & Payne Int'l
Whether the pleading standard for alleging that a case falls within the FSIA's expropriation exception is more demanding than the standard for pleading jurisdiction under the federalquestion statute, which allows a jurisdictional dismissal only if the federal claim is wholly insubstantial and frivolous.
Jun. 28, 2016
People v. Jefferson
Court should not have imposed drug program fee, which it then suspended, for defendant who did not have ability pay it.
Criminal Law and Procedure Jun. 28, 2016
Washburn v. North Dakota
Order
Jun. 28, 2016
Beylund v. North Dakota
Order
Jun. 28, 2016
Baxter v. North Dakota
Order
Jun. 28, 2016
Wall v. Stanek
Order
Jun. 28, 2016