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Autotel v. Nevada Bell Telephone Co.
Because telephone carriers have existing arrangement, already existing carrier does not have to provide competing carrier with requested pricing.
Government Sep. 5, 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
Chaudhry v. Astrue
Administrative law judge properly denies disability claim where Dept. of Veterans Affairs' disability determination was part of record and adequately considered.
Government Aug. 13, 2012
Ideal Boat & Camper Storage v. County of Alameda
County properly denies site development review application where proposed expansion would conflict with goals and policies of county's long-term general plan for development.
Government Aug. 10, 2012
Hiler v. Astrue
Administrative law judge errs in relying on Dept. of Veterans Affairs decision that proposed changes in disability rating, but ignored decisions rejecting proposed changes.
Government Aug. 10, 2012
Carlin v. Dairy America Inc.
'Filed rate doctrine' does not bar farmers' state law claims arising from misreporting of pricing data to USDA where federal agency set aside erroneous milk prices.
Government Aug. 8, 2012
Hill v. Astrue
ALJ's determination that plaintiff was not disabled is not supported by substantial evidence where statements made by plaintiff's psychologist were improperly ignored.
Government Aug. 8, 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 Aug. 8, 2012
420 Caregivers LLC v. City of Los Angeles
Ordinance seeking to cap number of medical marijuana collectives is lawful because limited police resources and increased crime provided rational basis for regulation.
Government Jul. 20, 2012
Opinion of Harris (11-401)
Term served prior to effective date of local initiative term-limit ordinance may not be counted against term limit imposed by that ordinance.
Government Jul. 17, 2012
Michael Leslie Productions Inc. v. City of Los Angeles
Appellate court lacks authority to substitute judicial discretion for city’s decision to self-operate golf-cart concession at city-operated public golf courses.
Government Jul. 17, 2012
420 Caregivers LLC v. City of Los Angeles
Ordinance seeking to cap number of medical marijuana collectives is lawful because limited police resources and increased crime provided rational basis for regulation.
Government Jul. 6, 2012
County of Los Angeles v. Alternative Medicinal Cannabis Collective
Local county's complete ban on medical marijuana dispensaries in any unincorporated area is unlawful as preempted by California's medical marijuana laws.
Government Jul. 3, 2012
Press Democrat v. Sonoma County Herald Recorder
Newspaper is not 'newspaper of general circulation' because it is not printed in place of publication and does not qualify for exemption.
Government Jul. 2, 2012
Building Industry Assocation of Washington v. Washington State Building Code Council
Washington Building Code that requires greater energy efficiency than federal standards meets statutory conditions for exemption from federal preemption.
Government Jun. 26, 2012
United States v. 32.42 Acres of Land
Government may extinguish state’s public trust rights when exercising eminent domain power even if it transfers ownership of property to private party.
Government Jun. 14, 2012
Brewes v. Commissioner of Social Security Administration
District court errs by refusing to consider additional evidence submitted to Appeals Council by plaintiff who had been denied disability benefits.
Government Jun. 14, 2012
Opinion of Harris
Employee organization may sue in quo warranto where city initiative was placed on ballot with questionable meet and confer process.
Government Jun. 12, 2012
Neville v. County of Sonoma
County has authority to terminate employment of commissioner and sealer after determining that performance of local tasks and duties is unsatisfactory.
Government Jun. 6, 2012
Opinion of Harris
To fall within statutory streamlined annexation procedures, 'islands' must be completely or substantially surrounded, and cannot be part of larger territory.
Government Jun. 4, 2012
Opinion of Harris (11-204)
Community services district may contract with county or another public agency to provide law enforcement services within the district.
Government Jun. 4, 2012
Pacific Gas and Electric Co. v. City and County of San Francisco
Declaratory relief is proper where City’s commercial sale of power to building's new tenants is not municipal use, and constitutes Raker Act violation.
Government May 31, 2012
Neville v. County of Sonoma
County has authority to terminate employment of commissioner and sealer after determining that performance of local tasks and duties is unsatisfactory.
Government May 21, 2012
Opinion of Harris
Police department may establish guideline that allows impounded vehicles to be released in less than 30 days, even if fixed 30-day impoundment period may also apply.
Government May 6, 2012
Valero v. Board of Retirement of Tulare County Employees’ Retirement Association
Order denying disability retirement is supported by substantial evidence where employee failed to show connection between psychiatric disability and employment.
Government May 2, 2012
Beltran v. Astrue
Number of regional and national jobs available to Social Security applicant is not ‘significant number’ for purposes of disability determination because of job’s rarity.
Government May 2, 2012
Crowley v. State of Nevada
Candidate in local election does not have private right of action under 42 U.S.C. Section 1983 based on violations of Help America Vote Act.
Government Apr. 26, 2012
People ex rel. Trutanich v. Joseph
Store is correctly found to be public nuisance because owner was not authorized to sell marijuana under Compassionate Use Act or Medical Marijuana Program Act.
Government Apr. 18, 2012
Gonzalez v. State of Arizona
National Voter Registration Act supersedes Arizona's requirement that prospective voters submit proof of citizenship to register to vote when using federal mail voter registration forms.
Government Apr. 17, 2012
McDonough v. Superior Court (City of San Jose)
City council must amend title and question of ballot measure, which would modify employee retirement benefits, due to impermissibly partisan text.
Government Apr. 11, 2012