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Name Category Published
D.B., a Minor
Juvenile court may take away parents' visitation rights after evidence showed that children, after years, continued to respond negatively to visits from parents.
Juveniles Jul. 12, 2013
Beaumont-Jacques v. Farmers Group Inc.
Plaintiff who worked for insurance groups as district manager, recruiting and recommending new agents, was independent contractor, not employee.
Employment Law Jul. 12, 2013
People v. Barclay
Defendant’s prior juvenile adjudication for felony vehicular manslaughter elevated his current driving under influence of alcohol offenses to felonies.
Criminal Law and Procedure Jul. 12, 2013
Marriage of Ficke
Following divorce, mother should not have to pay spousal support to father when he earned $8,088 a month and she earned $251 a month.
Family Law Jul. 12, 2013
Shearin v. Brown
Class certification motion is denied for prisoners who were incarcerated longer than they should have been because sentencing miscalculations were result of various causes.
Prisoners Rights Jul. 12, 2013
People v. Weber
Defendant is competent to waive right to counsel where he knowingly understands proceedings, despite attempts to thwart proceedings with outrageous actions.
Criminal Law and Procedure Jul. 11, 2013
Townley v. Miller
Prospective voters may not challenge Nevada law allowing voters to cast ballot for 'none of these candidates' because they were not injured by law.
Civil Rights Jul. 11, 2013
Elim Church of God v. Harris
Actual notice of changes concerning expiration of labor certification is not required because changes were published in Federal Registry, constituting legally sufficient notice.
Immigration Jul. 11, 2013
Shell Offshore Inc. v. Greenpeace Inc.
Order
Jul. 11, 2013
McCullough v. Graber
Bureau of Prisons is not required to use prisoner’s good time credits in determining eligibility for home detention under Second Chance Act's elderly offender pilot program.
Criminal Law and Procedure Jul. 11, 2013
Hasse v. Rainsdon (In re Pringle)
Debtor’s transfer of house to girlfriend in exchange for her promise to care for him is avoidable as fraudulent transfer under Bankruptcy Code.
Bankruptcy Jul. 10, 2013
Action Recycling Inc. v. United States
IRS may issue summonses for bank statements that were once temporarily in its possession, but are not currently in its possession.
Taxation Jul. 10, 2013
Tritz v. United States Postal Service
District court may hear contract claims against United States Postal Service because federal claims court does not have exclusive jurisdiction over such claims.
Civil Procedure Jul. 10, 2013
Gila River Indian Community v. United States
In dispute over Indian land surrounded by city, Secretary of Interior mistakenly concludes government had to hold 52-acre parcel in trust for tribe.
Native American Affairs Jul. 10, 2013
Sanchez v. Hitachi Koki Co. Ltd.
Manufacturer of grinder is not liable for injuries caused when plaintiff used grinder with saw blades, despite warning not to use them together.
Torts Jul. 10, 2013
E.D., a Minor
Child must be returned to Father’s custody where there is no evidence that doing so would create substantial risk of detriment to child.
Juveniles Jul. 10, 2013
Bender v. County of Los Angeles
Apartment manager who was beaten and sprayed with pepper spray by deputies, despite not resisting arrest, may sue for violation of Bane Act.
Civil Rights Jul. 10, 2013
Boeken v. Philip Morris
Philip Morris unsuccessfully challenges $12.8 million award to smoker’s son in wrongful death claim where smoker previously obtained millions in judgment from cigarette giant.
Torts Jul. 10, 2013
People v. DeHoyos
Defendant’s conviction for killing and raping of nine-year-old victim is affirmed despite admission of expert testimony regarding defendant’s understanding of right and wrong.
Criminal Law and Procedure Jul. 9, 2013
People v. Mata
Trial court may reseat juror, who was discharged improperly by prosecutor through peremptory challenge, because defendant assented to reseating by not objecting.
Criminal Law and Procedure Jul. 9, 2013
Sierra Club v. Superior Court (County of Orange)
Orange County must produce computer file containing database of information on land parcels upon request because database is public record.
Government Jul. 9, 2013
Tista v. Holder
Petitioner is ineligible for special rule cancellation of removal as ‘derivative beneficiary’ under Nicaraguan Adjustment and Central American Relief Act.
Immigration Jul. 9, 2013
Hinojos v. Kohl's Corp.
Order
Jul. 9, 2013
Donlen v. Ford Motor Co.
Ford Motor Co. does not get new trial after consumer won lemon law lawsuit due to persistent transmission problems in new truck.
Business Law Jul. 9, 2013
Citizens for Ceres v. Superior Court (City of Ceres)
City and developer of controversial Wal-Mart project must disclose communications between them that occurred prior to city’s approval of project.
Attorneys Jul. 9, 2013
J.S., a Minor
Juvenile may not be 'temporarily housed' at Dept. of Juvenile Facilities because there was no contract between department and county, as required by statute.
Juveniles Jul. 9, 2013
John v. Alaska Fish and Wildlife Conservation Fund
Secretary of Interior and Secretary of Agriculture properly applied prior law and federal reserved water rights doctrine when implementing rules concerning subsistence fishing and hunting rights.
Government Jul. 8, 2013
California Association of Rural Health Clinics v. Douglas
California may not eliminate coverage for adult dental, podiatry, optometry and chiropractic services to under-served communities because Medicaid Act mandated coverage for such services.
Health Care Jul. 8, 2013
Ahearn v. International Longshore and Warehouse Union, Locals 21 and 4
Law enforcement agencies that responded to scenes of Union’s protests are not entitled to contempt damages because they were not parties to underlying action.
Labor Law Jul. 8, 2013
U.S. v. White Eagle
Superintendent who oversaw loan modifications cannot be convicted of conspiracy where she did not participate or directly benefit from fraudulent loan scheme.
Criminal Law and Procedure Jul. 8, 2013