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Name Category Published
Dickens v. Ryan
Defendant's actions sufficiently contribute to murders to warrant death penalty where he was actively involved in every aspect of robberies that lead to murders.
Criminal Law and Procedure Aug. 6, 2012
Czajkowski v. Haskell & White LLP
Statute of limitations bars professional negligence claim against accounting firm because CEO plaintiff was able to discover suspicious facts before running of limitations period.
Torts Aug. 6, 2012
Axis Surplus Insurance Co. v. Reinoso
Insured landlord is not covered by liability insurance as to tenants' claims because she was in position to know about habitability issues.
Insurance Aug. 6, 2012
People v. Gonzales
Defendant is properly denied new trial because jurors' statements about mental processes by which their verdict was reached are expressly barred.
Criminal Law and Procedure Aug. 3, 2012
People v. Houston
Defendant’s pre-shooting plan, including diagrams of school and ‘goodbye letter’ to family, shows careful planning and weighing of consequences supporting first degree murder convictions.
Criminal Law and Procedure Aug. 3, 2012
People v. McKinzie
Prosecutor does not unlawfully excuse juror based on group bias when he provides race-neutral justification in addition to several weaker justifications.
Criminal Law and Procedure Aug. 3, 2012
Pollard v. Wackenhut
Order
Aug. 3, 2012
Hooper v. Lockheed Martin Corp.
Under False Claims Act, defendant may be liable for fraudulent underbidding in which bid is not what defendant actually intends to charge.
Torts Aug. 3, 2012
Mongols Nation Motorcycle Club Inc. v. City of Lancaster
Action is dismissed in entirety as moot because one week after plaintiff corporation was served with appellants’ opening brief, corporation filed certificate of dissolution.
Corporations Aug. 3, 2012
L.M. v. M.G.
In context of same-sex partnership, single parent adoption decree does not rebut presumption of parentage in favor of second mother.
Family Law Aug. 3, 2012
C.Y., a Minor
Agency has no duty to conduct further inquiry into child’s Indian ancestry where Mother, who was adopted, could not provide basis for Indian heritage claim.
Native American Affairs Aug. 2, 2012
Nijjar v. Holder
Dept. of Homeland Security lacks authority to terminate alien’s asylum status because Congress gave such power exclusively to Attorney General.
Immigration Aug. 2, 2012
Evon v. Law Offices of Sidney Mickell
Debt collector manifestly violates Fair Debt Collection Practices Act by sending debt collection letter to plaintiff’s place of employment and causing her embarrassment.
Banking Aug. 2, 2012
Scott v. Ryan
Lawyer's failure to investigate defendant’s head injuries does not prejudice defendant where his confessions indicated careful planning of murder.
Criminal Law and Procedure Aug. 2, 2012
People v. Bradley
Former city official’s conviction for misappropriation and misuse of public funds is overturned due to court’s failure to instruct jury on required intent.
Criminal Law and Procedure Aug. 2, 2012
Weinstein v. Rocha
Settlement agreement that merely modifies terms of promissory note secured by real property fails to render anti-deficiency statute inapplicable.
Real Property Aug. 2, 2012
People v. Fernandez
Warantless search is lawful when defendant’s cotenant validly consented to search after defendant had been arrested and removed from their shared apartment.
Criminal Law and Procedure Aug. 2, 2012
Maryland v. King
Maryland law enforcement officials may continue to collect DNA samples from arrestees while Supreme Court considers whether to hear challenge to DNA collection practice.
Criminal Law and Procedure Aug. 1, 2012
Native Village of Eyak v. Locke
Alaskan native villages fail to establish aboriginal fishing rights in Alaska's Outer Continental Shelf where there is no evidence of tribe's exclusive control over area.
Native American Affairs Aug. 1, 2012
U.S. v. Backlund
United States Forest Service may regulate residential occupancy of bona fide mining claims within national forests.
Criminal Law and Procedure Aug. 1, 2012
Lee v. West Coast Life Insurance Co.
In dispute over life insurance policy, interpleader does not shield negligent stakeholder from tort liability for its creation of conflict over entitlement to interpleaded funds.
Civil Procedure Aug. 1, 2012
People v. Schaeffer
Probation condition limiting defendant to residence approved by probation officer does not violate constitutional rights because it furthers state interest in rehabilitation.
Criminal Law and Procedure Aug. 1, 2012
Caron v. Mercedes-Benz
Arbitration clause in contract is not invalidated by class action waiver clause because federal law favoring arbitration preempts Consumers Legal Remedies Act.
Business Law Aug. 1, 2012
Rialto Citizens for Responsible Growth v. City of Rialto (Wal-Mart Real Estate Business Trust)
City properly certifies environmental impact report for commercial retail center where project description was incomplete, but did not preclude informed public participation.
Environmental Law Aug. 1, 2012
U.S. v. King
Ninth Circuit cases are overruled to extent they hold that no constitutional difference exists between probation and parole for Fourth Amendment purposes.
Criminal Law and Procedure Aug. 1, 2012
People v. Barrett
Although defendant was not advised of right to jury trial, due process challenge to civil commitment proceeding fails because mental retardation affected defendant's ability to make decisions.
Criminal Law and Procedure Jul. 31, 2012
People v. Tully
In death penalty case, prosecutor’s biblical references in closing arguments do not warrant reversal because defendant was not prejudiced by such remarks.
Criminal Law and Procedure Jul. 31, 2012
People v. Villatoro
Jury instruction permitting jury to use evidence of defendant's guilt as to other charged offenses is proper because whether offense was charged or uncharged did not affect relevance.
Criminal Law and Procedure Jul. 31, 2012
Bullock v. Berrien
Aggrieved employee subject to procedural rules of Title VII exhausts her administrative remedies by filing formal complaint for adjudication by administrative law judge.
Employment Law Jul. 31, 2012
International Rehabilitative Sciences Inc. v. Sebelius
Medicare Appeals Council properly denies coverage claims for medical device used to treat osteoarthritis where its decision was not arbitrary or unsupported.
Health Care Jul. 31, 2012