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Name Category Published
Trueblood v. WSDSHS
Seven-day requirement for competency evaluations to be performed not constitutionally-required by Due Process Clause.
Constitutional Law May 9, 2016
Daza v. Los Angeles Community College District
Former guidance counselor may maintain reimbursement claim against Los Angeles Community College District concerning lawsuit accusing him of sexually assaulting a student.
Torts May 9, 2016
McGee v. Balfour Beatty Construction LLC
Partial reversal of judgment of dismissal in case challenging lease-leaseback construction contracts warranted where plaintiffs allege conflict of interest cause of action.
Education May 6, 2016
People v. Brown
Gang member's first degree murder conviction overturned due to erroneous and prejudicial prosecution under natural and probable consequences theory of aiding and abetting.
Criminal Law and Procedure May 6, 2016
Teng v. District Director, USCIS
Federal court lacks authority to modify birth year on agency-issued naturalization certificate, leaving citizen unable to obtain driver's license due to discrepancy in her records.
Immigration May 6, 2016
John v. Superior Court (Chan)
Self-represented defendant, who had been declared a vexatious litigant and subject to a pre-filing order, need not obtain leave of court before appealing adverse judgment.
Civil Procedure May 6, 2016
Flores v. Presbyterian Intercommunity Hospital
Action alleging negligence in maintenance of hospital bedrail governed by statute of limitations for professional, rather than ordinary, negligence.
Torts May 6, 2016
Allen v. Boeing Co.
Case properly remanded to state court where plaintiffs' complaint forms sufficient basis to invoke local controversy exception under Class Action Fairness Act.
Civil Procedure May 6, 2016
Thomas v. Dillard
Officer used excessive force in detaining and tasing plaintiff suspected of domestic violence; given unsettled state of the law, however, officer entitled to qualified immunity.
Civil Rights May 6, 2016
People v. Mohamed
Doctor properly convicted of involuntary manslaughter in death of liposuction patient where substantial evidence supported he was criminally negligent in performing procedure.
Criminal Law and Procedure May 5, 2016
In re D.O.
Order terminating parental rights and placing child with paternal grandmother for adoption affirmed where court does not err in determining sibling relationship exception inapplicable.
Juveniles May 5, 2016
Hawkins v. SunTrust Bank
Court correctly rules that wrongful foreclosure action alleging improper service barred by res judicata arising from South Carolina judicial foreclosure judgment.
Civil Procedure May 5, 2016
U.S. v. Ornelas
Sentence imposed in absentia lawful where defendant's appeal waiver is valid and he was 'voluntarily absent' for sentencing hearing.
Criminal Law and Procedure May 5, 2016
Collins v. United States Citizenship and Immigration Services
Reversal and remand required where federal court incorrectly dismisses petition to modify birth date on certificate of naturalization issued prior to 1990.
Immigration May 5, 2016
Ministerio Roca Solida v. McKelvey
Federal officer may not be sued in her individual capacity for purely injunctive relief under judicially-created 'Bivens' remedy.
Remedies May 5, 2016
Diocese of San Joaquin v. Gunner
Dispute over ownership of property that belonged to Diocese of San Joaquin before disaffiliation resolved by application of neutral principles of law.
Corporations May 5, 2016
People v. Roach
Nothing in Proposition 47's resentencing provision prohibits court from imposing same aggregate term upon resentencing, provided new term is proper under generally-applicable sentencing procedures.
Criminal Law and Procedure May 5, 2016
People v. Fruits
In elder abuse prosecution, son's prior acts of elder abuse against his mother admissible in relation to offense of making criminal threats.
Criminal Law and Procedure May 5, 2016
J-M Manufacturing Co. Inc. v. Phillips & Cohen LLP
Pipe manufacturer's defamation and trade libel claims over challenged press release fails where press release constituted a fair and true reporting of jury's verdict.
Civil Procedure May 4, 2016
Matthews v. Liberty Assignment Corp.
Motion denying assignment of workers' compensation award to factoring company properly denied where such assignment contravenes California law.
Workers' Compensation May 4, 2016
Hearn Pacific Corp. v. Second Generation Roofing Inc.
Trial court erred in refusing to allow litigant to name assignee and real party in interest as judgment creditor; assignee, therefore, cannot evade liability.
Civil Procedure May 4, 2016
Boardman v. Pacific Seafood Group
Motion to compel arbitration properly denied where current claims not within scope of arbitration provision from prior settlement agreement.
Antitrust May 4, 2016
Vergara v. State of California (California Teachers Association)
Trial court erroneously declares California's current tenure, dismissal, and layoff statutes facially unconstitutional despite plaintiff's lack of showing demonstrating equal protection violation.
Education May 4, 2016
Patel v. Crown Diamonds Inc.
Res judicata does not preclude victim's subsequent fraud action against company and its owners despite victim's prior adversary action opposing co-owner's personal bankruptcy petition.
Civil Procedure May 3, 2016
In re Marriage of Hall & Frencher
Reversal results where court errs in calculating father's child support arrears by excluding application of excess Social Security derivative benefits paid to child.
Family Law May 3, 2016
Ocasio v. U.S.
Officer properly convicted of conspiring to violate Hobbs Act, though kickback scheme did not involve obtaining money from anyone outside the conspiracy.
Criminal Law and Procedure May 3, 2016
Star Athletica LLC v. Varsity Brands Inc.
What is the appropriate test to determine when a feature of a useful article is protectable under § 101 of the Copyright Act?
May 3, 2016
SCA Hygiene Products v. First Quality Baby Products
Whether and to what extent the defense of laches may bar a claim for patent infringement brought within the Patent Act's six-year statutory limitations period, 35 U.S.C. § 286.
May 3, 2016
Hamby v. Hammond
Because it is 'at least debateable' that prison officials complied with Eighth Amendment, they are entitled to qualified immunity relating to denial of inmate's request for surgery.
Prisoners Rights May 3, 2016
Puente Arizona v. Arpaio
Injunction against enforcement of Arizona's employment-related identity theft law that was premised on facial preemption is erroneous.
Civil Rights May 3, 2016