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Name Category Published
People v. McCoy
Can excess custody credits be used to reduce or eliminate the one-year parole period required by Penal Code section 1170.18(d), upon resentencing under Proposition 47?
Oct. 16, 2015
People v. Nash
Is a total term of imprisonment of 50 years to life for murder committed by a 16-year-old offender the functional equivalent of life without possibility of parole by denying the offender a meaningful opportunity for release on parole? If so, does the sentence violate the Eighth Amendment absent consideration of the mitigating factors for juvenile offenders set forth in Miller v. Alabama (2012)? Did Senate Bill 260 render moot any claim that such a sentence violates the Eighth Amendment?
Oct. 16, 2015
Newark Unified School District v. S.C. (Brazil)
Does inadvertent disclosure of attorney work product and privileged documents in response to a Public Records Act request waive those privileges and protections? Should the attorney who received the documents be disqualified because she examined them and refused to return them?
Oct. 16, 2015
People v. Smith
Does the definition of "unreasonable risk of danger to public safety" under Proposition 47 apply retroactively to resentencing under the Three Strikes Reform Act of 2012?
Oct. 16, 2015
Davis v. S.C. (People)
Order
Oct. 16, 2015
People v. Grayson
Order
Oct. 16, 2015
Hudson v. S.C. (People)
Order
Oct. 16, 2015
People v. Young
Order
Oct. 16, 2015
U.S. v. Mobley
Man fails to overturn convictions stemming from gun deal with informant and undercover ATF agent gone wrong.
Criminal Law and Procedure Oct. 16, 2015
People v. Goolsby
Lesser related arson of property offense can be retried where it was prosecuted in single proceeding along with arson of an 'inhabited structure or inhabited property.'
Criminal Law and Procedure Oct. 16, 2015
People v. Romero and Self
Uncorroborated accomplice testimony warrants reversal of robbery conviction, but penalty judgment unaffected given nature of additional crimes.
Criminal Law and Procedure Oct. 16, 2015
Mobile Medical Services etc. v. Rajaram
Anti-SLAPP motion should have been granted; court errs in granting leave to amend where there is no probability plaintiffs will prevail.
Civil Procedure Oct. 15, 2015
Najera v. Shimoto
Driver successfully overturns license suspension by challenging reliability of DMV's blood test.
Administrative Agencies Oct. 15, 2015
America’s Servicing Co. v. Schwartz-Tallard (In re Schwartz-Tallard)
Precedent allowing debtor to recover only fees incurred to end stay violation overruled, allowing debtor to recover fees incurred to prosecute damages action.
Bankruptcy Oct. 15, 2015
France v. Johnson
In failure-to-promote claim, age discrimination can be established, even where superior who expressed preference for younger employees was not final decisionmaker in promotion.
Employment Law Oct. 15, 2015
First Marblehead Corp., et al. v. MA Commissioner of Revenue
Order
Oct. 14, 2015
Rose v. U.S.
Order
Oct. 14, 2015
Missud v. Court of Appeals of CA
Order
Oct. 14, 2015
McCarthren v. U.S.
Order
Oct. 14, 2015
Jones v. U.S.
Order
Oct. 14, 2015
Moscoso-Castellanos v. Lynch
Petitioner ineligible for cancellation of removal because he stopped accruing requisite 10-year physical presence when he was served notice to appear in removal proceedings.
Immigration Oct. 14, 2015
Stanislaus Food Prods. v. USS-POSCO Indus.
Tin purchaser fails to meet its burden to show 'specific evidence' of market allocation agreement among tin manufacturers.
Antitrust Oct. 14, 2015
U.S. v. Gonzalez-Flores
Prior removal order not deemed invalid where immigration judge allegedly failed to inform petitioner of his eligibility for voluntary departure because any such error was not prejudicial.
Immigration Oct. 14, 2015
Sprengel v. Zbylut
Attorney's anti-SLAPP motion fails to strike malpractice action even though attorney disputed existence of attorney-client relationship underlying claim.
Attorneys Oct. 14, 2015
Levi Family Partnership v. City of LA
Administrative decision can disclose legally relevant sub-conclusions supporting its ultimate decision using the language of ordinance when ordinance requires that the relevant sub-conclusions be specifically stated.
Administrative Agencies Oct. 13, 2015
Lucent Technologies Inc. v. State Board of Equalization
Transmission of software as part of license to copy and use software using alternative, physical media does not transform software into taxable tangible personal property.
Taxation Oct. 12, 2015
People v. Linn
Defendant was unlawfully detained prior to police obtaining evidence of driving under the influence, requiring suppression of evidence.
Criminal Law and Procedure Oct. 12, 2015
Bikkina v. Mahadevan
Former university professor fails to strike engineer's defamation lawsuit accusing him of sabotaging engineer's reputation.
Torts Oct. 12, 2015
Ruiz-Vidal v. Lynch
Charging document referencing methamphetamine, along with plea colloquy, gives clear and convincing evidence that state conviction involved federally-controlled substances, and rendered convict suitable for removal.
Immigration Oct. 12, 2015
ASSE Int'l v. Kerry
State Department's imposition of sanctions on Exchange Visitor Program sponsor is subject to Administrative Procedure Act review; court errs in dismissing sponsor's complaint.
Administrative Agencies Oct. 12, 2015