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Name Category Published
Barker v. Hennessy Industries
Order 		Aug. 30, 2012
Stancle v. Clay
'Gap' tolling of one-year statute of limitations does not occur between successive lower court habeas petitions where inmate asserted new claims in second petition. 		Criminal Law and Procedure Aug. 29, 2012
Perfectly Fresh Farms Inc. v. USDA
Produce company officers are subject to bans in perishable agricultural commodities industry because they exercised control over activities that caused statutory violations. 		Corporations Aug. 29, 2012
Gentry v. Sinclair
District court improperly concludes that habeas corpus petition was procedurally defaulted because petitioner sufficiently exhausted claim in personal restraint petition. 		Criminal Law and Procedure Aug. 29, 2012
U.S. v. Perelman
First Amendment overbreadth challenge to statute prohibiting unauthorized wearing of military medals fails because statute requires intent to deceive. 		Criminal Law and Procedure Aug. 29, 2012
Reynoso v. United States
Plaintiff is not entitled to refund for overpayment of tax because claim for credit falls outside look-back period and is time-barred. 		Taxation Aug. 29, 2012
FTC v. EDebitPay LLC
When calculating sanctions for civil contempt of FTC consent order, district court has broad discretion to use amount of loss by consumers. 		Banking Aug. 29, 2012
People v. Mitchell
Statute prohibiting concealed carrying of dirk or dagger does not violate constitutional right under Second Amendment to bear arms for self-defense. 		Criminal Law and Procedure Aug. 29, 2012
People v. Atencio
Defendant may only be sentenced for firearm theft, and not firearm possession, because both acts were pursuant to only one criminal objective. 		Criminal Law and Procedure Aug. 29, 2012
County of Los Angeles Dept. of Regional Planning v. Superior Court (Pham)
Trial court may not appoint employees of public entity as confidential expert witnesses where entity objected and had interest contrary to party seeking appointment. 		Civil Procedure Aug. 29, 2012
Cutler v. Franchise Tax Board
Statute violates Commerce Clause by prohibiting tax deferrals of stock sale proceeds from companies based outside of state. 		Taxation Aug. 29, 2012
People v. Aranda
Trial court's failure to explain that defendant could not be convicted unless prosecution proved elements of crime beyond reasonable doubt is harmless error. 		Criminal Law and Procedure Aug. 28, 2012
In re Bacigalupo
Petitioner is entitled to relief from judgment of death where prosecution withheld favorable and material information from confidential informant. 		Criminal Law and Procedure Aug. 28, 2012
Greg F., a Minor
Juvenile court may commit juvenile to Division of Juvenile Facilities by dismissing new petition and proceeding on probation violation under its inherent discretion. 		Juveniles Aug. 28, 2012
Alday v. Raytheon Co.
Employer's obligation to provide company-paid healthcare coverage to eligible retirees survives expiration of collective bargaining agreements. 		Labor Law Aug. 28, 2012
City of Redding v. Federal Energy Regulatory Commission
Federal Energy Regulatory Commission does not exceed its authority by issuing orders 'resetting' market clearing prices to calculate refunds due from public utilities. 		Administrative Agencies Aug. 28, 2012
Ortiz-Alfaro v. Holder
Reinstated removal order is not final until Dept. of Homeland Security has completed alien's reasonable fear and withholding of removal proceedings. 		Immigration Aug. 28, 2012
Miles v. Ryan
Counsel acts competently when she omitted addiction evidence at defendant's sentencing hearing, given that omission was based on strategy. 		Criminal Law and Procedure Aug. 28, 2012
U.S. v. Pineda-Doval
Evidence that defendant drove around spike strip, resulting in vehicle overturning and killing 10 illegal aliens, is not sufficient to show 'malice aforethought.' 		Criminal Law and Procedure Aug. 28, 2012
California Tow Truck Association v. City and County of San Francisco
In examining whether federal law preempts city's entire towing permit system, district court must conduct provision-by-provision preemption analysis. 		Government Aug. 28, 2012
U.S. v. Bailey
SEC's civil complaint alone may not be admitted as 'other acts evidence' to show defendant's intent where no other evidence substantiated complaint. 		Criminal Law and Procedure Aug. 28, 2012
Rialto Citizens for Responsible Growth v. City of Rialto (Wal-Mart Real Estate Business Trust)
City properly certifies environmental impact report for commercial retail center where project description was incomplete, but did not preclude informed public participation. 		Environmental Law Aug. 28, 2012
Doe v. Defendant Doe 1
Statute of limitations for sexual abuse claim is tolled where defendant paid for therapy session, but did not provide notice of when limitations period would run. 		Torts Aug. 28, 2012
People v. Anderson
Defendant's statement does not constitute adoptive admission where it was made days after victim's accusation and contained denial of accusation. 		Criminal Law and Procedure Aug. 27, 2012
Costa v. Commissioner of Social Security Administration
Magistrate judge's reduction of requested attorney fees based on 'reasonable amount of time' to spend on routine social security cases is abuse of discretion. 		Civil Procedure Aug. 27, 2012
In re Complaint of Judicial Misconduct
Order 		Aug. 27, 2012
People v. Sorrels
Court’s statement of case to prospective jurors is not misconduct given that judge properly directed jury on how to consider comments. 		Criminal Law and Procedure Aug. 27, 2012
Fillpoint LLC v. Maas
Covenant not to compete in employment agreement is unenforceable despite separate enforceable covenant in purchase agreement. 		Contracts Aug. 27, 2012
Bendon v. Reynolds (In re Reynolds)
Bankruptcy estate is entitled to no more that 25 percent of debtor’s beneficiary interest in spendthrift trusts. 		Bankruptcy Aug. 27, 2012
People v. Silva
Order 		Aug. 24, 2012
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