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Name Category Published
EEOC v. Peabody Western Coal Co.
Coal mining company with operations on Navajo reservation may give preference in employment to members of Navajo Nation over other tribes.
Native American Affairs Nov. 19, 2014
Scott v. C.R. Bard
Jury may find manufacturer of transvaginal mesh kit liable for negligence, even though it did not specify which of several negligence theories it relied on.
Torts Nov. 19, 2014
Elliott v. Geico Indemnity Co.
Insurer is not required to pay insured any benefits under underinsured motorist provision, when insured already recovered more than policy limit from third-party tortfeasor.
Insurance Nov. 19, 2014
Willis v. Prime Healthcare Services Inc.
Arbitration provision in employee’s individual employment agreement may be enforced when not inconsistent with collective bargaining agreement that covered employee.
Employment Law Nov. 19, 2014
Chevron USA Inc. v. County of Kern
Kern County Assessment Board properly adopts cost method in valuation of Chevron’s tax liability for new wells constructed between 2006 and 2009.
Taxation Nov. 19, 2014
Wilkerson v. Wheeler
At prisoner’s excessive force trial, court erroneously instructs jury that prisoner resisted officers without clarifying that resistance may not have been physical.
Prisoners Rights Nov. 18, 2014
Doe v. Harris
Californians Against Sexual Exploitation Act, which provided registration requirements for sex offenders in relation to their Internet usage, violates First Amendment.
Constitutional Law Nov. 18, 2014
Corber v. Xanodyne Pharmaceuticals Inc.
Class Action Fairness Act provides federal court jurisdiction over actions against pharmaceutical companies by plaintiffs who sought coordination ‘for all purposes.’
Civil Procedure Nov. 18, 2014
Gwartz v. Weilert
Appellate court refuses to hear sellers’ appeal of real estate fraud judgment against them, after they willfully violated trial court’s orders prohibiting money transfers.
Real Property Nov. 18, 2014
Lin v. Coronado
Alteration of deed to remove name of party that was listed without any percentage interest in residential property does not render subsequent deed void.
Real Property Nov. 17, 2014
Conservatorship of Townsend
Lender may not extend 60-day time period within which to appeal by filing motion to set aside and vacate judgment with temporary judge, rather than court clerk.
Civil Procedure Nov. 17, 2014
Willis v. Prime Healthcare Services Inc.
Arbitration provision in employee’s individual employment agreement may be enforced when not inconsistent with collective bargaining agreement that covered employee.
Employment Law Nov. 17, 2014
Glebe v. Frost
Robber fails to overturn his conviction because trial court’s restriction of his attorney’s summation of defenses was not a structural error that warranted reversal.
Criminal Law and Procedure Nov. 17, 2014
Bank of America, N.A. v. Caulkett
Order
Nov. 17, 2014
Bank of America, N.A. v. Toledo-Cardona
Order
Nov. 17, 2014
Biton v. United States, et al.
Order
Nov. 17, 2014
Murphy v. North Dakota
Order
Nov. 17, 2014
Credico v. Unknown Employee Houston FBI
Order
Nov. 17, 2014
Daniel B., a Minor
Juvenile court cannot give program counselors unfettered discretion to determine, based on their own criteria, mother’s satisfactory completion of domestic violence class.
Juveniles Nov. 17, 2014
Garden Fresh Restaurant Corp. v. Superior Court (Moreno)
Trial court, rather than arbitrator, must decide if employee may bring alleged California Labor Code violation claims on classwide basis, when agreement is silent on issue.
Employment Law Nov. 17, 2014
Gottschall v. Crane Co.
Superior court improperly grants Crane Co. judgment based on Pennsylvania federal court’s improper interpretation of California law on ‘sophisticated user’ defense.
Torts Nov. 16, 2014
Maricopa County, Arizona, et al. v. Lopez-Valenzuela, et al.
Order
Nov. 16, 2014
Street Surfing LLC v. Great American E&S Insurance Co.
Insurer does not need to defend skateboard company from trademark infringement lawsuit where company used plaintiff's ideas before coverage began.
Insurance Nov. 16, 2014
JT USA LP v. Commissioner of Internal Revenue
Business partners may not opt out of TEFRA proceedings as to their indirect interest in partnership, while electing to participate with respect to direct interests.
Taxation Nov. 16, 2014
U.S. v. Martinez
Prior conviction under California law for vehicle flight from pursuing peace officer qualifies as ‘violent felony’ for purposes of Armed Career Criminal Act.
Criminal Law and Procedure Nov. 16, 2014
U.S. v. Waters
2011 Amendment to U.S. Sentencing Guidelines, which directs courts to use policy in effect on date of crack cocaine term reduction, does not violate ex post facto clause.
Criminal Law and Procedure Nov. 16, 2014
Wofford v. Superior Court (People)
Mandatory supervision releasees are eligible to apply for transfers of their supervision to another state pursuant to the Interstate Compact for Adult Offender Supervision.
Criminal Law and Procedure Nov. 16, 2014
Stine v. Dell'Osso
Successor conservator may bring legal malpractice action against attorneys who allowed former conservator to misappropriate over $1 million in conservatorship assets.
Conservatorship Nov. 16, 2014
Squires v. City of Eureka
Property owners, who claimed city harassed them due to alleged code violations, may not overcome anti-SLAPP motion with declarations failing to show injury.
Civil Rights Nov. 16, 2014
People v. Pedroza
Double jeopardy bars retrial of gang member where trial court’s grant of new trial amounted to acquittal due to uncorroborated accomplice testimony.
Criminal Law and Procedure Nov. 16, 2014