| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
10-50249
|
U.S. v. Valdes-Vega
Border patrol agents make lawful stop of pickup truck in area used by smugglers near U.S.-Mexico border based on erratic driving pattern. |
Criminal Law and Procedure |
|
Dec. 26, 2013 | |
|
11-10576
|
U.S. v. Lin
Chinese national cannot be convicted of misusing immigration documents where he unlawfully obtained Commonwealth of Northern Mariana Islands driver’s licenses. |
Criminal Law and Procedure |
|
Dec. 26, 2013 | |
|
11-56461
|
Hokto Kinoko Co. v. Concord Farms Inc.
U.S. company that imported and sold Japanese mushrooms infringes on Japanese company’s trademarks by selling similar mushrooms in similar packaging. |
Intellectual Property |
|
Dec. 26, 2013 | |
|
12-71862
|
Hernandez v. Holder
BIA may consider Honduran citizen's attempt to reopen his case, even after it already dismissed his appeal on jurisdictional grounds. |
Immigration |
|
Dec. 26, 2013 | |
|
G047899
|
California Bank & Trust v. Lawlor
Bank may recover outstanding loans against real estate investors despite claims that guaranties were ‘sham guaranties’ that violated antideficiency laws. |
Real Property |
|
Dec. 24, 2013 | |
|
S207250
|
People v. Biane
Land developers who bribed county board members to get a favorable settlement can be charged with offering bribe, as well as aiding its receipt. |
Criminal Law and Procedure |
|
Dec. 24, 2013 | |
|
12-30360
|
U.S. v. Mondragon
Double Jeopardy does not bar retrial following a mistrial that the defendant explicitly agreed to, after he reached plea agreement with government. |
Criminal Law and Procedure |
|
Dec. 24, 2013 | |
|
D062970
|
Lexin v. City of San Diego
Members of Board of Directors of San Diego’s retirement fund may recover costs incurred in defending themselves from criminal litigation regarding adoption of proposal. |
Government |
|
Dec. 24, 2013 | |
|
B239602
|
Quesada v. Herb Thyme Farms Inc.
Federal law preempts consumer class action, which alleged herb grower violated California's organic labeling law by mislabeling products as organic. |
Business Law |
|
Dec. 24, 2013 | |
|
12-402
|
Opinion of Harris
Banks may not add up amounts that would be protected from delinquent child-support payment collection under numerous exemptions. |
Family Law |
|
Dec. 24, 2013 | |
|
B242531
|
Ross v. Roberts
Rapper ‘Rick Ross’ may continue to use name and identity of famous drug dealer in his songs because they are original artistic works. |
Torts |
|
Dec. 24, 2013 | |
|
12-10132
|
U.S. v. Caceres-Olla
Prior Florida sex offense conviction does not warrant sentence increase for man who unlawfully reentered the U.S. |
Criminal Law and Procedure |
|
Dec. 24, 2013 | |
|
12-901
|
Opinion of Harris
Businesses with no employees may still be subject to prohibition on smoking in workplace if employees of any other employer work there. |
Employment Law |
|
Dec. 24, 2013 | |
|
A132071
|
People v. Elizalde
Police officer must give ‘Miranda’ warnings to suspect before asking him about his gang membership while booking him into jail. |
Criminal Law and Procedure |
|
Dec. 23, 2013 | |
|
G046881
|
People v. Jessee
Wife who conspired to murder her husband for financial gain must repay life insurance proceeds to his estate, not insurers. |
Criminal Law and Procedure |
|
Dec. 23, 2013 | |
|
11-10530
|
U.S. v. Shorty
Mentally unstable man’s firearms-related convictions are overturned due to judge's failure to adequately discuss jury trial waiver. |
Criminal Law and Procedure |
|
Dec. 23, 2013 | |
|
11-10606
|
U.S. v. DeJarnette
Sex offender is not required to register where he was convicted under Sex Offender Registration and Notification Act because he was convicted before its enactment. |
Criminal Law and Procedure |
|
Dec. 23, 2013 | |
|
11-35954
|
Jones v. National Marine Fisheries Service
Army Corps of Engineers properly considers risk of hexavalent chromium generation in approving company’s permit to mine mineral sands in Oregon. |
Environmental Law |
|
Dec. 23, 2013 | |
|
12-35475
|
Al-Nashiri v. MacDonald
Federal court lacks authority to hear Saudi national’s lawsuit, which challenges his military commission trial in relation to alleged terrorist plots in Yemen. |
Government |
|
Dec. 23, 2013 | |
|
E058328
|
S.B., a Minor
Father’s efforts to reunite with his 12-year-old daughter fail because he was required to register under federal Sex Offender Registration and Notification Act. |
Juveniles |
|
Dec. 23, 2013 | |
|
H038487
|
People v. Rios
Gang member is not guilty of ‘street terrorism’ for stealing car because there was no evidence that he did so with anyone else. |
Criminal Law and Procedure |
|
Dec. 23, 2013 | |
|
H039137
|
People v. Rodriguez
Probation conditions regarding gang member's association with others may encompass persons he had 'reason to know' were gang members. |
Criminal Law and Procedure |
|
Dec. 23, 2013 | |
|
F065140
|
Buckner v. Milwaukee Electric Tool Corp.
Maintenance worker gets another chance to sue drill manufacturer due to failure to warn him about lack of side handle, after jury nixed his claims. |
Torts |
|
Dec. 23, 2013 | |
|
D062831
|
People v. Bernal
Gang member is guilty of resisting officer through force because he attempted to flee from officer while dragging officer behind him. |
Criminal Law and Procedure |
|
Dec. 23, 2013 | |
|
A136275
|
Ruiz v. California State Automobile Association Inter-Insurance Bureau
Consumer may appeal attorney fee award and incentive payments that were significantly less than requested where waiver of right to appeal was unclear. |
Civil Procedure |
|
Dec. 23, 2013 | |
|
13-15015
|
Kalitta Air LLC v. Central Texas Airborne System Inc.
Company may not recover costs for fees paid by its out-of-state attorneys to be allowed to temporarily practice in Northern District of California. |
Civil Procedure |
|
Dec. 20, 2013 | |
|
12-10344
|
U.S. v. Anderson
Cab driver who sold ‘burned’ copies of Adobe software is guilty of willful copyright infringement because he knew his copying was illegal. |
Criminal Law and Procedure |
|
Dec. 20, 2013 | |
|
A138136
|
Regents of the University of California v. Superior Court (Reuters America LLC)
U.C. Regents do not need to turn over records regarding investments in private equity firms because those records were not in their possession or used by them. |
Government |
|
Dec. 20, 2013 | |
|
A138582
|
Dattani v. Lee
Although plaintiff could file appeal losing claim and dismissing remaining causes of action, appeal may not proceed due to untimeliness. |
Civil Procedure |
|
Dec. 20, 2013 | |
|
B226675
|
Dolnikov v. Ekizian
Neighboring landowner is liable for interfering with neighbor’s right to build property along adjoining strip of land pursuant to easement. |
Real Property |
|
Dec. 20, 2013 |