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Lyons v. Michael & Assocs.
Under 'discovery rule,' statute of limitations does not begin to run until potential plaintiff knows or should know of action brought against her improperly.
Civil Procedure Jun. 8, 2016
Vaquero v. Ashley Furniture
Where complaint alleges company violated law in same way as to each member of a large class of employees, class certification is proper.
Civil Procedure Jun. 8, 2016
Currie v. McDowell
Denial of habeas corpus reversed where prosecutor once again removes African American juror via peremptory strike based on race.
Criminal Law and Procedure Jun. 8, 2016
Cheffins v. Stewart
Bus decorated as Spanish galleon for Burning Man was "applied art" because it was largely utilitarian in nature; not protected under Visual Artists Rights Act.
Statutory Interpretation Jun. 8, 2016
United Educators of San Francisco AFT/CFT, AFL-CIO, NEA/CTA v. California Unemployment Insurance Appeals Board (San Francisco Unified School District)
Public school employees who received reasonable assurance of continued employment for following school year properly found ineligible for unemployment benefits for intervening summer break.
Employment Law Jun. 7, 2016
People v. Hall
Order denying Proposition 47 resentencing affirmed where petitioner fails to show court abused discretion in finding him an unreasonable risk of danger to public safety.
Criminal Law and Procedure Jun. 7, 2016
Kinda v. Carpenter
Erroneous evidentiary ruling that resulted in disposition of defamation claim warrants reversal of verdict in favor of landlord accused of posting negative Yelp reviews about tenant.
Torts Jun. 7, 2016
In re Noah G.
Order terminating parental rights affirmed where evidence insufficient under beneficial parental relationship exception to demonstrate termination would be detrimental to children.
Juveniles Jun. 7, 2016
Backcountry Against Dumps v. Jewell
Environmental groups unsuccessful in action challenging Bureau of Land Management's grant of right-of-way on federal lands for construction of wind energy project.
Environmental Law Jun. 7, 2016
Mendoza v. RCALA
ADA requires plaintiff to show discrimination is sole reason for challenged employment action, or one of two or more reasons.
Disability Discrimination Jun. 7, 2016
Stacy v. Colvin
Denial of social security benefits proper despite administrative law judge's reexamination of claimant's ability to perform past work.
Administrative Agencies Jun. 7, 2016
Hassell v. Bird
Yelp, a nonparty in defamation suit, must abide by injunction ordering removal of defamatory reviews penned by aggrieved client against former attorney.
Civil Procedure Jun. 7, 2016
U.S. v. Ornelas
In determining prisoner's eligibility for sentence reduction, court must calculate the guideline range by using criminal history category applicable before any consideration of downward departure.
Criminal Law and Procedure Jun. 6, 2016
Simmons v. Himmelreich
Following dismissal of federal prisoner's suit against United States under Federal Tort Claims Act, judgment bar provision does not bar second suit against individual defendants.
Torts Jun. 6, 2016
Ross v. Blake
Prisoner's Section 1983 action revived despite alleged failure to exhaust administrative remedies where issue remains whether such remedies were, in fact, available.
Prisoners Rights Jun. 6, 2016
Kent Recycling Services v. Army Corps of Engineers
Order
Jun. 6, 2016
Piper v. Middaugh
Order
Jun. 6, 2016
Kirksey v. Alabama
Order
Jun. 6, 2016
Jackson v. U.S.
Order
Jun. 6, 2016
Moore v. Texas
Whether it violates the Eighth Amendment and this Court's decisions in Hall v. Florida (2014) and Atkins v. Virginia (2002) to prohibit the use of current medical standards on intellectual disability, and require the use of outdated medical standards, in determining whether an individual may be executed.
Jun. 6, 2016
Buck v. Stephens
Did the United States Court of Appeals for the Fifth Circuit impose an improper and unduly burdensome Certificate of Appealability standard t when it denied Duane Buck a COA on his motion to reopen the judgment and obtain merits review of his claim that his trial counsel was constitutionally ineffective for knowingly presenting an "expert" who testified that Mr. Buck was more likely to be dangerous in the future because he is Black, where future dangerousness was both a prerequisite for a death sentence and the central issue at sentencing?
Jun. 6, 2016
Brown v. Superior Court (California District Attorneys Association)
Governor Brown and proponents of criminal justice initiative measure successful in overcoming challenge to amended version of measure.
Government Jun. 6, 2016
U.S. v. Loveland
Conviction for conspiracy to possess methamphetamine with intent to distribute vacated due to lack of evidence of agreement to resell the drugs.
Criminal Law and Procedure Jun. 5, 2016
People v. Garlinger
'Kelly' standard for admission of new scientific techniques does not apply to cell phone records that triangulated robber's location on night of robbery.
Criminal Law and Procedure Jun. 2, 2016
Bertsch v. Mammoth Community Water District
Summary judgment properly granted in defendant's favor where wrongful death suit barred by doctrine of primary assumption of risk.
Torts Jun. 2, 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. 2, 2016
People v. Castillolopez
Conviction properly reversed where Swiss Army Knife with collapsible blade does not qualify as 'dirk or dagger' because blade does not lock into position.
Criminal Law and Procedure Jun. 2, 2016
Flores v. City of San Gabriel
City of San Gabriel's cash-in-lieu of benefits payments to police officers may not be excluded in calculation of officers' regular rate of pay under FLSA.
Employment Law Jun. 2, 2016
VMG Salsoul LLC v. Ciccone
Summary judgment properly granted in pop star Madonna's favor, where alleged copyright infringement in 'Vogue' song is de minimis.
Copyright Jun. 2, 2016
U.S. v. Spears
Drug offender may not benefit from recent amendment to sentencing guideline that increased triggering threshold for certain crack cocaine offenses.
Criminal Law and Procedure Jun. 2, 2016