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City of Los Angeles v. 2000 Jeep Cherokee
If valid local ordinance conflicts with state law, local law is preempted and deemed void.
Constitutional Law Feb. 8, 2008
Jessen v. Mentor Corp.
Products liability claim based on deformation of prosthetic testicle after implantation is preempted by Food, Drug and Cosmetic Act.
Constitutional Law Feb. 7, 2008
Dible v. City of Chandler
Police officer's First Amendment rights were not violated when he was fired for maintaining and participating in sexually explicit website with his wife.
Constitutional Law Feb. 4, 2008
Gallo Cattle Co. v. Kawamura
Assessment levied on milk products in order to fund ‘Real California Cheese’ advertising campaign does not violate cheese manufacturer's free speech rights.
Constitutional Law Feb. 4, 2008
Silvas v. E*Trade Mortgage Corp.
Where plaintiffs' state law claims provide state remedies for violations of federal law in field entirely occupied by federal law, plaintiff's claims are pre-empted.
Constitutional Law Jan. 31, 2008
Arizona Life Coalition Inc. v. Stanton
Because specialty license plates are private speech, state’s denial of philanthropic organization’s request for specialty license plate bearing its motto, ‘Choose Life,’ is unconstitutional.
Constitutional Law Jan. 29, 2008
Price v. Sery
City’s police standards requiring officers have ‘reasonable belief’ in threat of death or serious harm before employing deadly force is constitutional.
Constitutional Law Jan. 24, 2008
Rose v. Chase Bank USA
National Bank Act preempts disclosure requirements of Civil Code insofar as those requirements apply to national banks.
Constitutional Law Jan. 24, 2008
Shakur v. Schriro
Summary judgment is improperly granted to jail in case concerning inmate's claim under Religious Land Use and Institutionalized Persons Act.
Constitutional Law Jan. 24, 2008
U.S. v. Hernandez-Vasquez
Substantial governmental interest must be at stake to justify court order of involuntary medication, and order must limit discretion delegated to treating doctor.
Constitutional Law Jan. 23, 2008
Nguyen v. Nguyen
Where plaintiff presented no evidence that manual recount of election ballots would have made difference, defendant is affirmed as winner of election.
Constitutional Law Jan. 22, 2008
Jessen v. Mentor Corp.
Products liability claim based on deformation of prosthetic testicle after implantation is preempted by Food, Drug and Cosmetic Act.
Constitutional Law Jan. 18, 2008
Frastaci v. Vapor Corp.
Locomotive Boiler Inspection Act preempts state tort claims premised on alleged defect in design, construction or material of ‘off line’ locomotives.
Constitutional Law Jan. 18, 2008
New York State Board of Elections v. Torres
New York's system of selecting party nominees for State Supreme Court does not violate First Amendment.
Constitutional Law Jan. 17, 2008
Preserve Shorecliff Homeowners v. City of San Clemente
Referendum petition signed by non-resident circulators is valid despite violation of Election Code's unconstitutional limitation of signatures by eligibility to vote.
Constitutional Law Jan. 17, 2008
Matsuda v. City and County of Honolulu
Contracts Clause does not preclude Honolulu's contract to effectuate condemnation proceeding and convey property to lessees without restricting its power of eminent domain.
Constitutional Law Jan. 15, 2008
Coastside Fishing Club v. California Resources Agency
Statute permitting executive branch agency to enter contracts for private funds not provided by Legislature does not violate separation of powers doctrine.
Constitutional Law Jan. 15, 2008
Nelson v. National Aeronautics and Space Administration
Preliminary injunction against background investigations is proper where employees must choose between violation of their constitutional rights and loss of their jobs.
Constitutional Law Jan. 14, 2008
City of Los Angeles v. 2000 Jeep Cherokee
If valid local ordinance conflicts with state law, local law is preempted and deemed void.
Constitutional Law Jan. 10, 2008
Berger v. City of Seattle
Permit rule for street performers meets requirements for valid restrictions on expression under First Amendment.
Constitutional Law Jan. 10, 2008
Fiscal v. City and County of San Francisco
Proposition is invalid as preempted by state law since subject of gun control is statewide concern and controlled by applicable state law.
Constitutional Law Jan. 10, 2008
Center for Biological Diversity v. Lohn
National Marine Fisheries Service's issuance of final rule listing Southern Resident killer whale as endangered species renders this case moot.
Constitutional Law Dec. 28, 2007
Fashion Valley Mall LLC v. National Labor Relations Board (Graphic Communications International Union, Local 432-M)
California Constitution grants union members free speech right to urge customers in shopping mall to boycott Robinsons-May.
Constitutional Law Dec. 27, 2007
Mercury Interactive Corp. v. Klein
Presumption of public access does not apply to discovery documents that were previously sealed under protective order but never used at trial.
Constitutional Law Dec. 21, 2007
Cotta v. City and County of San Francisco
San Francisco is not liable for contract damages for reducing benefits granted to clean-air taxi drivers pursuant to police power.
Constitutional Law Dec. 20, 2007
U.S. v. Zimmerman
District court improperly rejects criminal defendant's objections to giving blood sample and must reconsider whether compelled extraction for DNA testing violates RFRA.
Constitutional Law Dec. 19, 2007
Humanitarian Law Project v. Mukasey
To convict person for providing material support to designated foreign terrorist organization, government must prove knowledge of group's purpose to engage in terrorism.
Constitutional Law Dec. 10, 2007
Burlington Northern and Santa Fe Railway Co. v. Vaughn
Collateral order doctrine grants jurisdiction to dismiss suit against tribal official with authority to enforce tax on railroad based on sovereign immunity.
Constitutional Law Dec. 9, 2007
Tekle v. United States
Summary judgment for IRS agents is not proper where genuine issues of material fact exist regarding violation of minor's constitutional rights.
Constitutional Law Dec. 4, 2007
Ortiz v. Lyon Management Group Inc.
ICRAA is unconstitutionally vague as applied to tenant screening reports containing unlawful detainer information.
Constitutional Law Dec. 4, 2007