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Name Category Published
Presidio Historical Association v. Presidio Trust
Opponents mounted unsuccessful challenge to proposed lodge construction at the Presidio of San Francisco under Presidio Trust Act and National Historic Preservation Act.
Government Jan. 28, 2016
U.S. v. Cruz-Mendez
Pilot/captain enhancement properly applied to defendant operating vessel carrying narcotics between Mexico and U.S.
Criminal Law and Procedure Jan. 28, 2016
Seacrist v. Southern California Edison Co.
California Public Utilities Commission does not have exclusive jurisdiction over claims relating to stray electrical currents from Southern California Edison substation.
Utilities Jan. 28, 2016
People v. Franklin
Does the definition of "unreasonable risk of danger to public safety" (Pen. Code, § 1170.18, subd. (c)) under Proposition 47 apply on retroactivity or other grounds to resentencing under the Three Strikes Reform Act of 2012 (Pen. Code, § 1170.126)?
Jan. 28, 2016
People v. Garness
Does Proposition 47, which reclassifies as a misdemeanor any grand theft involving property valued at $950 or less (Pen. Code, § 490.2), apply to theft of access card information in violation of Penal Code section 484e(d)?
Jan. 28, 2016
In re Tyler R.
Does Welfare and Institutions Code Section 300(b)(1) authorize dependency jurisdiction without a finding that parental fault or neglect is responsible for the failure or inability to supervise or protect the child?
Jan. 28, 2016
Easley (Yusuf) on H.C.
Order
Jan. 28, 2016
Lewis v. YouTube LLC
User's breach of contract claim against YouTube properly disposed where user failed to establish entitlement to either damages or specific performance.
Contracts Jan. 27, 2016
People v. Perkins
Defendant may refile petition for resentencing of felonies to misdemeanors in order to supply evidence that stolen property and firearms do not exceed $950 in value.
Criminal Law and Procedure Jan. 27, 2016
Lefebvre v. Southern California Edison
Court lacks jurisdiction over Edison customer's lawsuit seeking refund for Edison's alleged manipulation of 'CARE' program.
Utilities Jan. 27, 2016
Bozzio v. EMI Group Ltd.
Court errs in dismissing artist's action against recording companies based on her status as third-party beneficiary to suspended corporation.
Contracts Jan. 27, 2016
Vietnam Veterans of America v. Central Intelligence Agency
Army must provide medical care to servicemen exposed to chemicals as human test subjects although servicemen could seek care from Veterans Affairs.
Veterans Affairs Jan. 27, 2016
Bucur v. Ahmad
Grant of additional sanctions against plaintiffs and their trial counsel warranted based on frivolous appeal.
Civil Procedure Jan. 27, 2016
Blackwell v. Vasilas
Summary judgment in favor of property owner improperly granted where injured laborer presented viable negligence claim under doctrine of respondeat superior.
Torts Jan. 27, 2016
Noergaard v. Noergaard
Court errs in ordering child's return to Denmark without conducting evidentiary hearing over mother's claims that would prevent child's return under Hague Convention.
Family Law Jan. 26, 2016
People v. Trujillo et al.
Order granting defendants' demurrer to felony complaint reversed where prosecution meets applicable pleading requirements.
Criminal Law and Procedure Jan. 26, 2016
People v. Ramos
Where subsequent (and retroactive) statutory amendment adds element to convicted offense, defendant's conviction must be remanded for reconsideration by jury.
Constitutional Law Jan. 26, 2016
Elem v. Airtran Airways Inc.
Order
Jan. 26, 2016
Amgen Inc. v. Harris
Ninth Circuit fails to properly assess ERISA action of AMGEN employees by not using test set forth in 'Fifth Third Bancorp v. Dudenhoeffer.'
Securities Jan. 26, 2016
Federal Energy Regulatory Commission v. Electric Power Supply Association et al.
Federal Energy Regulatory Commission has power to issue rule regulating wholesale demand response and rule is adequately reasoned, resulting in reversal and remand.
Administrative Agencies Jan. 26, 2016
Menominee Indian Tribe of Wisconsin v. United States
Tribe not entitled to equitable tolling where no extraordinary circumstances beyond Tribe's control caused delay in filing contract claim against federal government.
Native American Affairs Jan. 26, 2016
Musacchio v. United States
A sufficiency-of-the-evidence challenge should be assessed against the elements of the crime charged, not against jury instructions that erroneously added an extra element.
Constitutional Law Jan. 26, 2016
Montgomery v. Louisiana
'Miller v. Alabama,' which prohibits mandatory life without parole for homicide juvenile offenders, adopts a new substantive rule that applies retroactively on collateral review.
Criminal Law and Procedure Jan. 26, 2016
Monterey Peninsula Water Management District v. Public Utilities Commission (California-American Water Co.)
PUC lacks authority to review and regulate user fee imposed by local government agency collected through regulated public utility.
Utilities Jan. 26, 2016
Davis v. United States
IRS' breach of closing agreement with partnership that owned the Oakland Raiders did not invalidate assessments; nor were assessments untimely.
Taxation Jan. 26, 2016
James v. Boise
The Idaho Supreme Court is bound by the US Supreme Court's interpretation of a federal statute.
Civil Procedure Jan. 25, 2016
People v. Camarena
Does the trial court have the power under Penal Code Section 1385 to dismiss a Penal Code section 186.22 enhancement for gang-related crimes, or is the court limited to striking the punishment for the enhancement in accordance with Section 186.22(g)?
Jan. 22, 2016
People v. Grayson
Order
Jan. 22, 2016
In re Adinolfi
Court errs in holding that Adoption Assistance benefits chapter 13 debtor receives are not covered by Social Security Act exclusion.
Bankruptcy Jan. 22, 2016
Pacific Shores Property Owners Association v. Dept. of Fish and Wildlife
Department of Fish and Wildlife liable in inverse condemnation for intentional flooding and reduction of levels of flood protection historically provided to property owners.
Environmental Law Jan. 22, 2016