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Name Category Published
U.S. v. Berry
Jury instruction on social security fraud, which merged definitions of 'knowingly' and 'willfully,' is harmless error where payee defendant had notice of responsibilities.
Criminal Law and Procedure Jun. 12, 2012
Okwu v. McKim
Inclusion of comprehensive remedial scheme in Title I of Americans with Disabilities Act precludes 42 U.S.C. Section 1983 civil rights claims predicated on Title I violations.
Civil Rights Jun. 12, 2012
Avina v. United States
Summary judgment in favor of government on tort claims is improper because jury could find that DEA agents acted unreasonably by pointing guns at handcuffed 11-year-old.
Torts Jun. 12, 2012
Gabriel G., a Minor
Juvenile court fails to ensure compliance with Indian Child Welfare Act where child was eligible for membership in Indian tribe and tribe was not provided notice.
Native American Affairs Jun. 12, 2012
Brannan v. Lathrop Construction Associates Inc.
Employee of subcontractor on construction site may not hold contractor liable for workplace injury although contractor was responsible for coordinating work of subcontractors.
Torts Jun. 12, 2012
Opinion of Harris
Employee organization may sue in quo warranto where city initiative was placed on ballot with questionable meet and confer process.
Government Jun. 12, 2012
J.L., a Minor
Petition declaring juvenile ward of court cannot be sustained on more than one count for single incident of aggravated assault under Penal Code Section 245.
Juveniles Jun. 12, 2012
Health Net Inc v. RLI Insurance Co.
Dishonest acts exclusion does not preclude coverage for entirety of insured’s potentially covered claims against insurer, which sought reimbursement for costs in underlying lawsuits.
Insurance Jun. 12, 2012
Burnley v. Norwood
Order
Jun. 11, 2012
Laboy v. Illinois
Order
Jun. 11, 2012
In re Kris E. Helton
Order
Jun. 11, 2012
Parker v. Matthews
Antiterrorism and Effective Death Penalty Act of 1996 proscribes using federal habeas review as vehicle to second-guess reasonable decisions of state courts.
Criminal Law and Procedure Jun. 11, 2012
Elgin v. Dept. of Treasury
Civil Service Reform Act precludes district court jurisdiction over petitioners' claims because Congress intended CSRA review scheme to provide exclusive avenue to judicial review.
Employment Law Jun. 11, 2012
Hartman v. Moore
Order
Jun. 11, 2012
Howes v. Walker
Order
Jun. 11, 2012
Evans v. Michigan
Does double jeopardy bar a retrial where case is dismissed based upon court's legal error of creating new element for charged offense?
Criminal Law and Procedure Jun. 11, 2012
Amgen Inc., et al. v. Connecticut Retirement Plans
Order
Jun. 11, 2012
Woolridge v. Fakhoury
Order
Jun. 11, 2012
Leavitt v. Arave
Defendant's ineffective assistance of counsel claims fail where defendant could not show that trial counsel's conduct was both deficient and prejudicial.
Criminal Law and Procedure Jun. 11, 2012
The Associated Press v. Otter
First Amendment mandates that media be allowed to witness entire process of inmate's execution.
Constitutional Law Jun. 11, 2012
U.S. v. Grant
Good faith exception to officers' execution of warrant on defendant's home does not apply where officers' reliance on warrant was 'entirely unreasonable.'
Criminal Law and Procedure Jun. 11, 2012
Du v. Allstate Insurance Co.
Insurer's duty of good faith and fair dealing may be premised on insurer's failure to effectuate settlement where insured’s liability was reasonably clear.
Insurance Jun. 11, 2012
United States v. Ferro
Review of excessiveness of fine under Eight Amendment requires consideration of individualized culpability of property’s owner even if not required under statute.
Civil Rights Jun. 11, 2012
Rand v. Board of Psychology
Board of Psychology has jurisdiction to discipline psychologist for unprofessional conduct while he was acting as special master in family law matter.
Administrative Agencies Jun. 11, 2012
People v. Smith
Defendant gang member is correctly found guilty of second degree murder because aider and abettor liability is not limited to crimes committed by confederates.
Criminal Law and Procedure Jun. 10, 2012
U.S. v. Jingles
Previous appellate court panel’s ruling on variance on direct appeal precludes review of petitioner’s constructive amendment claim.
Criminal Law and Procedure Jun. 10, 2012
National Meat Association v. Harris
Order
Jun. 10, 2012
Garcia v. Thomas
Foreign Affairs Reform and Restructuring Act does not repeal federal jurisdiction over claims that extradition would violate rights under Convention Against Torture.
Immigration Jun. 10, 2012
Garcia v. Thomas
Foreign Affairs Reform and Restructuring Act does not repeal federal jurisdiction over claims that extradition would violate rights under Convention Against Torture.
Immigration Jun. 10, 2012
Riggs v. Prober & Raphael, A Law Corp.
Debt collection letter does not violate Fair Debt Collection Practices Act where letter's language only implicitly demanded written response.
Business Law Jun. 10, 2012