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Name Category Published
Caron v. Mercedes-Benz
Arbitration clause in contract is not invalidated by class action waiver clause because federal law favoring arbitration preempts Consumers Legal Remedies Act.
Business Law Aug. 1, 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. 1, 2012
U.S. v. King
Ninth Circuit cases are overruled to extent they hold that no constitutional difference exists between probation and parole for Fourth Amendment purposes.
Criminal Law and Procedure Aug. 1, 2012
People v. Barrett
Although defendant was not advised of right to jury trial, due process challenge to civil commitment proceeding fails because mental retardation affected defendant's ability to make decisions.
Criminal Law and Procedure Jul. 31, 2012
People v. Tully
In death penalty case, prosecutor’s biblical references in closing arguments do not warrant reversal because defendant was not prejudiced by such remarks.
Criminal Law and Procedure Jul. 31, 2012
People v. Villatoro
Jury instruction permitting jury to use evidence of defendant's guilt as to other charged offenses is proper because whether offense was charged or uncharged did not affect relevance.
Criminal Law and Procedure Jul. 31, 2012
Bullock v. Berrien
Aggrieved employee subject to procedural rules of Title VII exhausts her administrative remedies by filing formal complaint for adjudication by administrative law judge.
Employment Law Jul. 31, 2012
International Rehabilitative Sciences Inc. v. Sebelius
Medicare Appeals Council properly denies coverage claims for medical device used to treat osteoarthritis where its decision was not arbitrary or unsupported.
Health Care Jul. 31, 2012
League of Wilderness Defenders - Blue Mountains Biodiversity Project v. United States Forest Service
Environmental impact statement for project in experimental forest, which sought to reduce risk of wildfire and beetle infestation, complies with National Environmental Policy Act.
Environmental Law Jul. 31, 2012
Rickley v. Goodfriend
In contempt proceeding, trial court must determine if attorney-client relationship exists between co-plaintiffs before deciding to award fees to pro se attorney.
Civil Procedure Jul. 31, 2012
People v. Rodriguez
For purposes of conviction for resisting officer, flight from officers, coupled with tossing of object during pursuit, supports reasonable suspicion for lawful detention.
Criminal Law and Procedure Jul. 31, 2012
People v. Ellis
Defendant is not entitled to conduct credits at enhanced rate for entire period of presentence incarceration because amendment to Penal Code Section 4019 applies prospectively only.
Criminal Law and Procedure Jul. 31, 2012
Sparks v. Vista del Mar Child and Family Services
Former employee is not bound by arbitration clause, which was included in lengthy employee handbook and employee did not specifically acknowledge.
Employment Law Jul. 31, 2012
People v. Daniels
Increased restitution fine imposed following retrial violates state constitutional protections against double jeopardy.
Criminal Law and Procedure Jul. 31, 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 Jul. 30, 2012
Castaneda v. Dept. of Corrections and Rehabilitation
State is immune to liability for injury to prisoner, who died of cancer following penis amputation, because medical practitioners did not fail to summon medical care.
Prisoners Rights Jul. 30, 2012
Cook v. Ryan
Habeas petitioner, who was convicted of first-degree murder and sentenced to death, cannot assert ineffective assistance of counsel claim where he elected to represent himself.
Criminal Law and Procedure Jul. 30, 2012
Verano Condominium Homeowners Association v. La Cima Development
Order
Jul. 27, 2012
People v. Le
Order
Jul. 27, 2012
Donahue v. S.C. (People)
Order
Jul. 27, 2012
Z.A., a Minor
Minor suspect's statements are inadmissible where she invoked her right to silence and interrogation resumed without obtaining her renewed waiver of rights.
Juveniles Jul. 27, 2012
Latif v. Holder
District court has jurisdiction over claim that government did not afford adequate opportunity to contest plaintiffs' apparent inclusion on no-fly list.
Civil Procedure Jul. 27, 2012
California Communities Against Toxics v. EPA
Although EPA's final rule approving transfer of emissions credits to unfinished power plant was flawed, vacatur of rule is inappropriate due to disruptive consequences.
Environmental Law Jul. 27, 2012
Arias v. Kardoulias
Dismissal of employee’s appeal of Labor Commissioner’s decision on jurisdictional grounds is not ‘award of zero’ for purposes of assessing one-way fee shifting provision.
Employment Law Jul. 27, 2012
U.S. v. Valdes-Vega
Officers lack reasonable suspicion of smuggling activity where driver does not flee and commits only minor traffic violations while driving 70 miles from U.S.-Mexican border.
Criminal Law and Procedure Jul. 26, 2012
In re Midland National Life Insurance Co. Annuity Sales Practices Litigation
Presumption of access applies to judicial records despite connection with ‘Daubert’ motion because records were filed in relation with summary judgment motion.
Civil Procedure Jul. 26, 2012
In re Complaint of Judicial Misconduct
Order
Jul. 26, 2012
Hopkins v. Asset Acceptance LLC (In re Salgado-Nava)
Chapter 7 trustee's requested fees at statutory rate are presumed to be reasonable absent extraordinary circumstances.
Bankruptcy Jul. 26, 2012
Haskell v. Harris
Order
Jul. 26, 2012
Stengel v. Medtronic Incorporated
Order
Jul. 26, 2012