| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
H037599
|
Save Panoche Valley v. San Benito County (PV2 Energy LLC)
County properly cancels agricultural land contracts where public interest in renewable energies is served by proposed solar power plant project. |
Government |
|
Jun. 25, 2013 | |
|
11-9873
|
Dotson v. United States
Order |
|
Jun. 25, 2013 | ||
|
12-245
|
Merck & Co., Inc. v. LA Wholesale Drug Co., et al.
Order |
|
Jun. 25, 2013 | ||
|
12-265
|
Upsher-Smith Laboratories, Inc. v. LA Wholesale Drug Co., et al.
Order |
|
Jun. 25, 2013 | ||
|
B240380
|
Straley v. Gamble
Son timely files challenge to validity of his mother’s amended trust, naming him as beneficiary following their reconciliation. |
Probate and Trusts |
|
Jun. 25, 2013 | |
|
E054160
|
People v. Hernandez
Court must give unanimity instruction to jury where prosecution presents two separate instances that could provide basis for firearm possession charge. |
Criminal Law and Procedure |
|
Jun. 25, 2013 | |
|
D061261
|
SB Liberty LLC v. Isla Verde Association Inc.
Homeowners association may exclude homeowner’s representative from board meeting because representative is not a member under association’s governing documents and bylaws. |
Corporations |
|
Jun. 24, 2013 | |
|
12-1084
|
Ryan v. Schad
Ninth Circuit disregarded established procedural principles when it ignored Supreme Court’s mandate, and granted petitioner stay from execution. |
Criminal Law and Procedure |
|
Jun. 24, 2013 | |
|
12-142
|
Mutual Pharmaceutical Co. Inc. v. Bartlett
Woman who was horrifically disfigured by generic drug may not sue manufacturer because federal law and state law were in conflict regarding drug’s label. |
Torts |
|
Jun. 24, 2013 | |
|
11-556
|
Vance v. Ball State University
University is not liable for harassment between employees where harasser was not victim’s supervisor. |
Civil Rights |
|
Jun. 24, 2013 | |
|
12-418
|
U.S. v. Kebodeaux
Former military member is required to register as sex offender under federal statute even if he completed his sentence prior to enactment of law. |
Criminal Law and Procedure |
|
Jun. 24, 2013 | |
|
11-345
|
Fisher v. University of Texas at Austin
Undergraduate admissions process that considers race as factor must be strictly scrutinized and how process works in practice must be closely examined. |
Constitutional Law |
|
Jun. 24, 2013 | |
|
S203561
|
Marriage of Green
Retirement benefits that accrued as result of husband's military service are separate property during divorce proceedings because husband served in military before marriage. |
Family Law |
|
Jun. 24, 2013 | |
|
12-484
|
University of Texas Southwestern Medical Center v. Nassar
Hospital employee must show withdrawal of job offer was because of his harassment complaints to support retaliation claim under Title VII. |
Civil Rights |
|
Jun. 24, 2013 | |
|
B243010
|
People v. Parker
Trial court has the ability to set aside conviction where defendant successfully completed probation and never served prison time. |
Criminal Law and Procedure |
|
Jun. 24, 2013 | |
|
B243396
|
Cann v. Stefanec
Athlete injured by weight dropped by teammate during mandatory weight training assumes risk of injury from dropped weight. |
Torts |
|
Jun. 24, 2013 | |
|
B241630
|
Leos v. Darden Restaurants Inc.
Although former employees were forced to sign arbitration agreements, arbitration provision is still enforceable because it is not overly harsh or one-sided. |
Employment Law |
|
Jun. 24, 2013 | |
|
C068747
|
Drake v. Pinkham
Daughter may not challenge mother’s will when she failed to sue before mother’s death, despite knowing of changes in will. |
Probate and Trusts |
|
Jun. 23, 2013 | |
|
B243107
|
John M., a Minor
Domestic violence between mother and father is enough to justify removing minor from parents' custody because of risk to minor’s physical and emotional health. |
Juveniles |
|
Jun. 23, 2013 | |
|
12-35816
|
Sanders County Republican Central Committee v. Fox
Lower court errs in prohibiting enforcement of entire statute where appellate court only found portions of statute to be unconstitutional. |
Civil Procedure |
|
Jun. 23, 2013 | |
|
12-50220
|
U.S. v. Hernandez-Meza
Defendant’s illegal entry conviction is vacated where court improperly allowed prosecution to fill in gaps it had left in its case, prejudicing defendant. |
Immigration |
|
Jun. 23, 2013 | |
|
H038640
|
M.P., a Minor
Appointment of guardian ad litem is necessary where mother, suffering from delusion, claimed that intruders raped her and her daughter on daily basis. |
Juveniles |
|
Jun. 23, 2013 | |
|
B243407
|
E.T., a Minor
Court errs in placing child with biological father with history of drug abuse, where father failed to show presumed father status. |
Juveniles |
|
Jun. 23, 2013 | |
|
10-35137
|
Alaska Rent-A-Car Inc. v. Avis Budget Group Inc.
Rental car company licensee may sue rental car company licensor for violating settlement agreement by operating rival company within licensed territory. |
Contracts |
|
Jun. 20, 2013 | |
|
G046899
|
People v. Rodriguez
Defendant may not be charged with murder and shooting inhabited dwelling after his previous two indictments for those crimes were dismissed. |
Criminal Law and Procedure |
|
Jun. 20, 2013 | |
|
S193493
|
Ceja v. Rudolph & Sletten Inc.
Decedent’s survivor may file wrongful death action as putative spouse where she held good faith belief in validity of marriage. |
Civil Procedure |
|
Jun. 20, 2013 | |
|
S192828
|
City of Los Angeles v. Superior Court (Engineers & Architects Association)
City employees who were forced to take furloughs due to fiscal emergency may arbitrate their dispute with city over grievances. |
Labor Law |
|
Jun. 20, 2013 | |
|
11-9540
|
Descamps v. U.S.
Defendant’s prior California burglary conviction does not qualify as predicate offense to enhance his sentence for felony in possession of firearm conviction. |
Criminal Law and Procedure |
|
Jun. 20, 2013 | |
|
12-133
|
American Express Co. v. Italian Colors Restaurant
Merchants may not file class action against credit card company after waiving right to do so, despite high costs of individually arbitrating. |
Business Law |
|
Jun. 20, 2013 | |
|
12-10
|
Agency for International Development v. Alliance for Open Society International Inc.
Requiring recipients to pledge allegiance to government’s policy of eradicating prostitution as condition of receiving funds to combat HIV/AIDS worldwide violates First Amendment. |
Constitutional Law |
|
Jun. 20, 2013 |