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Name Category Published
Mays-Williams v. Williams
Changing retirement plan beneficiary over phone may have substantially complied with plan’s ‘governing documents.’
Contracts Jan. 29, 2015
Cortez v. Skol
Eighth Amendment prisoner rights claim depends on prison official’s subjective awareness of substantial risk of serious harm to inmate’s safety.
Prisoners Rights Jan. 28, 2015
U.S. v. Davis
Drug sentence upheld despite retroactive change to federal guidelines because, per Sotomayor concurrence, Rule 11(c)(1)(C) plea agreement was not based on the guidelines.
Criminal Law and Procedure Jan. 28, 2015
Sussex v. U.S. District Court
‘Evident partiality’ of arbitrator must be supported by a significant showing before district court can disqualify such arbitrator.
Civil Procedure Jan. 28, 2015
People v. Perez
Court abuses discretion in dismissing motion to withdrawal guilty plea.
Criminal Law and Procedure Jan. 28, 2015
Greenwell v. Auto-Owners Ins. Co.
Personal jurisdiction lacking where defendant’s connection to California did not bear a substantial relationship to the instant legal claim.
Civil Procedure Jan. 28, 2015
People v. Vidana
Defendant cannot be convicted of both Larceny and embezzlement because they are not separate offenses, but two ways of committing theft.
Criminal Law and Procedure Jan. 27, 2015
M&G Polymers USA LLC v . Tackett
Employers prevail in dispute over retirement benefits due to Sixth Circuit’s improper application of ordinary contract principles.
Labor Law Jan. 27, 2015
Ferguson v. Yaspan
Taken in context, buyout provision of contract is fair, though it tended to favor one party.
Contracts Jan. 27, 2015
Knight v. Thompson
Order
Jan. 27, 2015
Gevo v. Butamax
Order
Jan. 27, 2015
Lighting Ballast Control v. Universal Lighting Tech.
Order
Jan. 27, 2015
Shire Development v. Watson Pharmaceuticals
Order
Jan. 27, 2015
United States v. Whittemore
Conviction for making campaign contributions in name of another is supported, even if funds were gifts to third parties under state law.
Criminal Law and Procedure Jan. 27, 2015
U.S. v. McElmurry
Self-professed child pornography addict escapes convictions due to district court’s prejudicial evidentiary ruling.
Criminal Law and Procedure Jan. 27, 2015
Black Mesa v. Jewell
Since it achieved 'some degree of success on merits,' environmentalist group eligible for fee reimbursement.
Administrative Agencies Jan. 27, 2015
Landers v. Quality Communications Inc.
Employee’s wage and hour claim is properly dismissed because his threadbare allegations did not support reasonable inference of his entitlement to overtime pay.
Employment Law Jan. 27, 2015
Tamm v. UST – United States Trustee, Honolulu (In re Hokulani Square Inc.)
Chapter 7 bankruptcy trustee may not collect fees on credit bid transaction where no money was exchanged.
Bankruptcy Jan. 27, 2015
Angelina E., a Minor
Commissioner properly cross-assigned to act as referee pursuant to presiding judge’s 2001 order cross-assigning all commissioners as referees in juvenile dependency.
Juveniles Jan. 26, 2015
Coblentz, Patch, Duffy & Bass LLC v. City and County of San Francisco
Non-guaranteed partner profit distributions constitute ‘compensation for services’ for purposes of calculating San Francisco’s Payroll Expense Tax.
Taxation Jan. 26, 2015
Mata v. Holder
Order
Jan. 26, 2015
Horne v. Dept. of Agriculture
Order
Jan. 26, 2015
Ezell v. United States
28 U.S.C. Section 2255(h) motion for successive Section 2255 petition is properly denied when no new or constitutional rule is presented.
Criminal Law and Procedure Jan. 26, 2015
U.S. v. Ortiz
Probation officer’s familiarity with defendant’s voice enough to admit her testimony identifying defendant on intercepted phone calls, though calls were in Spanish and officer and defendant had spoken in English.
Criminal Law and Procedure Jan. 26, 2015
McClellan v. I-Flow Corp.
New trial warranted where district court improperly applied federal preemption on victim’s proposed jury instruction based on Oregon law.
Torts Jan. 26, 2015
Sessoms v. Grounds
Suspect raises right to counsel by clearly articulating desire to have counsel present, when he told police that his father advised him to ask police to give him lawyer.
Criminal Law and Procedure Jan. 26, 2015
Ruelas v. Superior Court (People)
Sex registry requirement for juveniles adjudicated of misdemeanor sex crime and committed to Division of Juvenile Justice violates equal protection.
Juveniles Jan. 26, 2015
Harb v. City of Bakersfield
First responders may not assert comparative negligence based on preaccident negligence of victim.
Torts Jan. 26, 2015
Vargas v. FMI Inc.
Federally licensed motor carrier cannot escape liability for injuries suffered by independent contractor while driving tractor-trailer across country.
Torts Jan. 26, 2015
DeBoer v. Snyder
Order
Jan. 25, 2015