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Name Category Published
Vilchiz-Soto v. Holder
Order
Aug. 10, 2012
Hiler v. Astrue
Administrative law judge errs in relying on Dept. of Veterans Affairs decision that proposed changes in disability rating, but ignored decisions rejecting proposed changes.
Government Aug. 10, 2012
U.S. v. Henry
Second Amendment does not provide right to keep machine gun in home because it is dangerous and unusual weapon.
Criminal Law and Procedure Aug. 10, 2012
U.S. v. Flores-Mejia
Defendant who unlawfully reentered country after being deported is properly given 16-level enhancement because convictions for robbery are still categorical crimes of violence.
Criminal Law and Procedure Aug. 10, 2012
People v. Robinson
Evidence obtained from warrantless entry is properly considered because testing of key in lock was minimal intrusion and needed for legitimate government interest.
Criminal Law and Procedure Aug. 9, 2012
Worthington v. Davi
In granting relief under Real Estate Recovery Fund, trial court may consider arbitrator’s factual findings when determining if judgment was based on fraud.
Real Property Aug. 9, 2012
U.S. v. Huang
Defendant does not need to be personally involved in importation of drugs for purposes of two-point sentencing enhancement for importation.
Criminal Law and Procedure Aug. 9, 2012
United States v. Arizona
Order
Aug. 9, 2012
Maxim Crane Works L.P. v. Tilbury Constructors
Proponent and drafter of choice of law provision cannot avoid enforcement of unfavorable provision absent violation of strong public policy in forum state.
Contracts Aug. 9, 2012
Parks v. Drummond (In re Parks)
Chapter 13 debtors' voluntary postpetition retirement contributions must be excluded when calculating their disposable income.
Bankruptcy Aug. 8, 2012
Carlin v. Dairy America Inc.
'Filed rate doctrine' does not bar farmers' state law claims arising from misreporting of pricing data to USDA where federal agency set aside erroneous milk prices.
Government Aug. 8, 2012
Hill v. Astrue
ALJ's determination that plaintiff was not disabled is not supported by substantial evidence where statements made by plaintiff's psychologist were improperly ignored.
Government Aug. 8, 2012
Dahlia v. Rodriguez
First Amendment does not protect police detective’s disclosure of colleagues’ allegedly abusive interrogation tactics, which detective made in course of official duties.
Civil Rights Aug. 8, 2012
U.S. v. Turner
Term of supervised release is not tolled where defendant was detained after his term of imprisonment had expired pending civil commitment hearing under Adam Walsh Act.
Criminal Law and Procedure Aug. 8, 2012
Drew v. Equifax Information Services LLC
Credit reporting agency's fraud block notification is sufficient to trigger bank's duty to investigate and correct incorrect account information.
Banking Aug. 8, 2012
Al-Haramain Islamic Foundation Inc. v. Obama
Foreign Intelligence Surveillance Act’s civil liability provision does not waive sovereign immunity and thus, lawsuit based on warrantless electronic surveillance fails.
Government Aug. 8, 2012
U.S. v. Golden Valley Electric Association
Administrative subpoena related to drug investigation, which ordered electricity cooperative to provide power consumption records, does not violate customers' Fourth Amendment rights.
Criminal Law and Procedure Aug. 8, 2012
U.S. v. Bustamante
Admission of affidavit testifying to contents of birth records violates Confrontation Clause where defendant lacked opportunity to cross-examine clerk who prepared document.
Criminal Law and Procedure Aug. 8, 2012
Tucker v. Pacific Bell Mobile Services
Court errs in sustaining unfair competition claims against telephone companies to extent claims sought equitable relief for deceptive and misleading business practices.
Business Law Aug. 8, 2012
SASCO v. Rosendin Electric Inc.
Under Uniform Trade Secrets Act, attorney fees are correctly awarded where bad faith trade secret misappropriation claim was based on mere speculation.
Intellectual Property Aug. 8, 2012
Fiore v. Walden
Court has personal jurisdiction over DEA agent whose acts regarding falsified affidavit and delay in returning seized cash were expressly aimed at forum state.
Civil Procedure Aug. 8, 2012
People v. Duenas
In murder case, trial court does not abuse its discretion by admitting into evidence computer animation used by expert witness to illustrate theory.
Criminal Law and Procedure Aug. 7, 2012
People v. Turnage
Felony conviction for planting false bomb does not violate equal protection because distinction between false bomb crimes and false weapon of mass destruction crimes is not irrational.
Criminal Law and Procedure Aug. 7, 2012
W.B., a Minor
Placement of Indian child outside of family home based on child’s delinquent conduct is not subject to Indian Child Welfare Act procedures.
Native American Affairs Aug. 7, 2012
U.S. v. Pineda-Moreno
Suppression of evidence obtained by attaching tracking devices on vehicle in public areas is not warranted because agents objectively relied on then-binding precedent.
Criminal Law and Procedure Aug. 7, 2012
Matthews v. National Football League Management Council
California's 'no-waiver' workers’ compensation policy does not apply to football player's claim because no specific injury occured in California.
Workers' Compensation Aug. 7, 2012
Jackson v. State of Nevada
Preventing defendant from presenting testimony regarding alleged victim’s prior false sexual assault claims violates defendant’s right to present complete defense.
Criminal Law and Procedure Aug. 7, 2012
McKown v. Simon Property Group Inc.
Order
Aug. 7, 2012
People v. Martinez
Defendant may not be convicted of both semiautomatic firearm assault and lesser included offense of assault with firearm.
Criminal Law and Procedure Aug. 7, 2012
In re Montgomery
Board of Parole Hearings' decision to deny parole is supported by some evidence because inmate possessed prohibited substance while incarcerated.
Criminal Law and Procedure Aug. 6, 2012