| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
11-94
|
Southern Union Co. v. U. S.
Maximum punishment authorized for particular crime must be proved to jury beyond reasonable doubt where criminal fine is substantial enough to trigger Sixth Amendment’s jury-trial guarantee. |
Criminal Law and Procedure |
|
Jun. 21, 2012 | |
|
10-1121
|
Knox v. Service Employees International Union Local 1000
Public-sector union violates First Amendment rights by requiring nonunion employees to pay into fund created for political purpose without providing fresh notice. |
Labor Law |
|
Jun. 21, 2012 | |
|
11-5683
|
Dorsey v. U.S.
Fair Sentencing Act’s new, lower mandatory minimum prison terms apply to post-Act sentencing of pre-Act crack cocaine offenders. |
Criminal Law and Procedure |
|
Jun. 21, 2012 | |
|
10-1293
|
FCC v. Fox Television Stations
FCC fails to give broadcasters fair notice that fleeting expletives and momentary nudity may be found actionably indecent. |
Constitutional Law |
|
Jun. 21, 2012 | |
|
S141210
|
Manriquez (Abelino) on H.C.
Order |
|
Jun. 21, 2012 | ||
|
S185556
|
Krusan (Sara J.) on H.C.
Order |
|
Jun. 21, 2012 | ||
|
S201619
|
Kurwa v. Kislinger
Order |
|
Jun. 21, 2012 | ||
|
S203327
|
People v. S.C. (Valle)
Order |
|
Jun. 21, 2012 | ||
|
S163273
|
People v. Correa
By its plain language, Penal Code Section 654 does not bar multiple punishment for multiple violations of same criminal statute. |
Criminal Law and Procedure |
|
Jun. 21, 2012 | |
|
S179552
|
People v. Jones
Defendant may not be punished separately for being felon in possession of firearm, carrying concealed firearm, and carrying loaded firearm based on single act. |
Criminal Law and Procedure |
|
Jun. 21, 2012 | |
|
S183703
|
Parks v. MBNA America Bank N.A.
California banking statute is preempted by federal law when it impairs national bank's authority by requring specific disclosure language on convenience checks. |
Banking |
|
Jun. 21, 2012 | |
|
08-50148
|
U.S. v. Mak
Defendant who conspired to violate export control laws is properly convicted under Arms Export Control Act, which is not unconstitutionally vague because it is content neutral. |
Criminal Law and Procedure |
|
Jun. 21, 2012 | |
|
09-50408
|
U.S. v. Ramos-Medina
First degree residential burglary under California Penal Code Section 459 constitutes crime of violence under immigration laws and for purposes of sentencing. |
Criminal Law and Procedure |
|
Jun. 21, 2012 | |
|
10-17896
|
Save The Peaks Coalition v. United States Forest Service
Order |
|
Jun. 21, 2012 | ||
|
11-30017
|
U.S. v. Wing
Court lacks jurisdiction to revoke term of supervised released based on newly discovered violations of previously revoked term of supervised release. |
Criminal Law and Procedure |
|
Jun. 21, 2012 | |
|
11-60042
|
Samson v. Western Capital Partners LLC (In re Blixseth)
Motion for relief from automatic stay is properly granted where debtor fails to timely file and comply with required statement of intent. |
Bankruptcy |
|
Jun. 21, 2012 | |
|
D057579
|
Burton v. Sanner
In wrongful death case, expert witness' testimony that defendant's conduct was unreasonable is inadmissible because it usurped jury's role. |
Torts |
|
Jun. 21, 2012 | |
|
G046048
|
Azure Limited v. I-Flow Corp.
Advancing state of law does not transform private dispute over substantial economic losses into case in which attorney fees may be awarded for serving public interest. |
Civil Procedure |
|
Jun. 21, 2012 | |
|
G045936
|
Cadlerock Joint Venture L.P. v. Lobel
Holder of junior lien that is extinguished during nonjudicial foreclosure may sue debtor for amount owed where lienholders have different interests. |
Real Property |
|
Jun. 21, 2012 | |
|
B232649
|
Samantha C. v. State Dept. of Developmental Services
Prevailing party is entitled to attorney fees where her action affects numerous other applicants seeking services for developmental disabilities. |
Civil Procedure |
|
Jun. 21, 2012 | |
|
08-17565
|
Pacific Rivers Council v. United States Forest Service
U.S. Forest Service fails to take requisite 'hard look' at environmental consequences of changes to Sierra Nevada Forest Plan with respect to fish species. |
Environmental Law |
|
Jun. 20, 2012 | |
|
10-16070
|
Bilyeu v. Morgan Stanley Long Term Disability Plan
ERISA’s administrative exhaustion requirement is excused where claimant acted reasonably in light of claim administrator’s unclear communications and failure to engage in meaningful dialogue. |
Employment Law |
|
Jun. 20, 2012 | |
|
10-17659
|
Chavez v. United States
Supervisors, who allegedly did not stop Border Patrol agents from stopping shuttle based on Latin appearance of passengers, are protected by qualified immunity. |
Civil Rights |
|
Jun. 20, 2012 | |
|
11-35127
|
CGI Technologies and Solutions Inc. v. Rose
In action by employer seeking reimbursement under ERISA, recovery must incorporate equity in addition to contract's terms. |
Employment Law |
|
Jun. 20, 2012 | |
|
11-35026
|
M.R. v. Dreyfus
Preliminary relief is appropriate where plaintiffs showed likelihood of irreparable injury due to reduced access to personal care services placing them at risk of institutionalization. |
Health Care |
|
Jun. 19, 2012 | |
|
09-16053
|
Marrero v. Ives
Claim that petitioner was wrongly classified as career offender under sentencing guidelines is not cognizable as claim of ‘actual innocence’ under escape hatch. |
Criminal Law and Procedure |
|
Jun. 19, 2012 | |
|
09-55514
|
Delia v. City of Rialto
Order |
|
Jun. 19, 2012 | ||
|
09-71070
|
Vilchez v. Holder
Removal hearing by video-conference does not necessarily violate due process where alien failed to establish that outcome of hearing was affected. |
Immigration |
|
Jun. 19, 2012 | |
|
B237147
|
Valdez v. WCAB
Medical report of treating physician is admissible even where physician is not part of medical provider network. |
Workers' Compensation |
|
Jun. 19, 2012 | |
|
F062443
|
Bickel v. Sunrise Assisted Living
In elder abuse case, waiver in residency agreement of plaintiff’s statutory right to recover attorney fees and costs is contrary to public policy. |
Torts |
|
Jun. 19, 2012 |