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Name Category Published
Franco v. Arakelian Enterprises Inc.
Employee is not required to arbitrate overtime pay claims when arbitration is inappropriate for purpose of vindicating his unwaivable statutory rights. 		Employment Law Dec. 5, 2012
People v. Argeta
Minimum sentence of 100 years is cruel and unusual punishment for defendant who was 15-years-old when he committed homicide as an aider and abettor. 		Juveniles Dec. 5, 2012
In re Denham
Board of Parole Hearings improperly denies parole for inmate who committed egregious crime, but was found to be at low risk of recidivism by psychologist. 		Criminal Law and Procedure Dec. 5, 2012
People v. Dydouangphan
Marijuana grower is properly sentenced for killing thief with shotgun because he could be punished for both voluntary manslaughter and shooting at vehicle. 		Criminal Law and Procedure Dec. 5, 2012
U.S. v. Harris
Airport employee violates statute prohibiting carrying of concealed dangerous weapon on aircraft when he helped passenger smuggle pocketknife past security. 		Criminal Law and Procedure Dec. 5, 2012
Al-Haramain Islamic Foundation Inc. v. Obama
Foreign Intelligence Surveillance Act’s civil liability provision does not waive sovereign immunity and thus, lawsuit based on warrantless electronic surveillance fails. 		Government Dec. 5, 2012
Coles v. Eagle
Honolulu police officers must face excessive force lawsuit alleging they broke suspect's car window without warning and dragged him through it. 		Civil Rights Dec. 5, 2012
U.S. v. Hernandez-Estrada
Deported alien fails to show Southern District Court of California's jury selection process is unconstitutional because minorities are not substantially underrepresented. 		Criminal Law and Procedure Dec. 5, 2012
Gemini Insurance Co. v. Delos Insurance Co.
Landlord may recover for fire caused by tenant despite interinsured exclusion policy where landlord's suit did not seek to limit its own liability. 		Insurance Dec. 5, 2012
Faigin v. Signature Group Holdings Inc.
Company’s general counsel is entitled to payment based on involuntary termination after hiring of new management group pursuant to FDIC order. 		Employment Law Dec. 5, 2012
Drake M., a Minor
Nine-month-old child is incorrectly declared dependent of court where father’s use of medical marijuana did not pose substantial danger to child. 		Juveniles Dec. 5, 2012
People v. McCloud
Partygoers cannot be convicted of attempted murder for firing 10 shots into crowd because they did not intend to kill everyone in area around targeted victim. 		Criminal Law and Procedure Dec. 5, 2012
Arkansas Game and Fish Commission v. United States
Temporary government-induced flooding of river, which affected Arkansas' peak tree-cutting season, may constitute taking that would entitle state to compensation. 		Real Property Dec. 4, 2012
Executive Benefits Insurance Agency v. Arkison (In re Bellingham Insurance Agency Inc.)
Non-creditor company falls under bankruptcy court's authority in fraudulent conveyance case where it failed to timely object to court's authority. 		Bankruptcy Dec. 4, 2012
People v. Lowe
Experts’ opinion regarding mental health and recidivism risk is admissible in determining whether defendant should be committed as sexually violent predator. 		Criminal Law and Procedure Dec. 3, 2012
Williams v. Talladega Community, et al.
Order 		Dec. 3, 2012
Fox v. MI DOC, et al.
Order 		Dec. 3, 2012
In re Michael Doyle
Order 		Dec. 3, 2012
In re Jeffrey M. Daniels
Order 		Dec. 3, 2012
People v. Homick
Death sentence based on California murders committed by lying in wait is upheld despite prior federal murder-for-hire convictions involving same victims. 		Criminal Law and Procedure Dec. 3, 2012
In re Richards
Man’s conviction for murdering his wife is supported even if expert later admitted that testimony was inaccurate in light of advances in technology. 		Criminal Law and Procedure Dec. 3, 2012
People v. Schmitz
Police officer may search car based on parolee status of one of its passengers in areas where parolee could have stowed belongings. 		Criminal Law and Procedure Dec. 3, 2012
Martinez v. Napolitano
District court may not hear Guatemalan citizen's indirect challenge to removal order based on denial of asylum and withholding of removal. 		Immigration Dec. 3, 2012
Pechenkov v. Holder
Court cannot review former asylee’s challenge to denial of withholding of his removal due to his conviction for felony assault. 		Immigration Dec. 3, 2012
Sims v. Stanton
Homeowner who was injured when police officer kicked down the gate to her yard while pursuing suspect may sue officer for her injuries. 		Civil Rights Dec. 3, 2012
Sino Century Development Limited v. Farley
Trial court may not award attorney fees as sanction for violation of California Rule of Court, which required notification of bankruptcy court’s stay. 		Civil Procedure Dec. 3, 2012
County of Los Angeles v. Superior Court (Anderson-Barker)
Attorney may obtain billing records showing amount paid by County of Los Angeles to law firms in defending against civil rights action. 		Government Dec. 3, 2012
U.S. v. Arias-Espinosa
Alien who signed agreement waiving right to appeal may not later appeal, despite court’s statement that he ‘may have a right to appeal.’ 		Criminal Law and Procedure Dec. 2, 2012
Austin v. Valverde
DMV must provide free copy of administrative hearing transcript to driver who challenged license suspension due to refusal to take blood alcohol test. 		Administrative Agencies Dec. 2, 2012
People v. Zeigler
Trial court incorrectly grants certificate of rehabilitation for convict without considering conduct underlying his recent nonviolent drug offense. 		Criminal Law and Procedure Dec. 2, 2012
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