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Name Category Published
City of San Diego v. Board of Trustees of the California State University
Order
Apr. 19, 2012
People v. Nuckles
Order
Apr. 19, 2012
People v. Hernandez
Order barring counsel from consulting with accused about specific evidence does not warrant presumption of prejudice for purpose of proving ineffective assistance of counsel.
Criminal Law and Procedure Apr. 19, 2012
Noble v. Adams
District court errs in dismissing petition as untimely without conducting further analysis of California law to determine when petitioner’s first petition was no longer pending.
Criminal Law and Procedure Apr. 19, 2012
Huff v. City of Burbank
Order
Apr. 19, 2012
Tenzera Inc. v. Osterman
Prevailing plaintiffs are entitled to prejudgment interest between time trial court vacated arbitration award in their favor and reinstatement of award following appeal.
Civil Procedure Apr. 19, 2012
People v. Bejasa
Court’s failure to suppress statements defendant made to police after being handcuffed and placed in police car, before receiving 'Miranda' advisement, is harmless.
Criminal Law and Procedure Apr. 19, 2012
Alexis S., a Minor
Father’s past sexual abuse of stepdaughter does not justify removal of sons from custody absent evidence that father posed serious risk of harm to his sons.
Juveniles Apr. 19, 2012
People v. Durant
Motion to suppress search is properly denied where officer was aware of defendant's probation search condition before search, which dissipated taint of illegal traffic detention.
Criminal Law and Procedure Apr. 19, 2012
Kappos v. Hyatt
Patent applicant may introduce new evidence in civil suit against Director of Patent and Trademark Office, even if applicant had no justification for failing to present evidence previously.
Intellectual Property Apr. 18, 2012
Mohamad v. Palestinian Authority
Torture Victim Protection Act of 1991 does not impose liability against organizations because term ‘individual’ under statute encompasses only natural persons.
Torts Apr. 18, 2012
U.S. v. Austin
Court lacks jurisdiction to reduce defendant’s sentence under 18 U.S.C. Section 3582(c)(2) where imposed sentence was based on parties’ plea agreement and not on sentencing guidelines range.
Criminal Law and Procedure Apr. 18, 2012
Cross v. Sisto
District court must treat California Supreme Court’s denial of habeas petition, which cited to 'Ex parte Swain,' as grant of demurrer, rendering petition deficient yet properly filed.
Criminal Law and Procedure Apr. 18, 2012
People v. Borg
Prospective application of amendment to statute increasing award of presentence conduct credits does not violate defendant's equal protection rights.
Criminal Law and Procedure Apr. 18, 2012
Medrazo v. Honda of North Hollywood
Motorcycle dealer is not entitled to judgment on unfair competition law claim alleging dealer failed to attach hanger tags showing dealer-added charges to motorcycles.
Business Law Apr. 18, 2012
People v. Finney
Convictions based on attack of one victim may not be treated as one strike because time difference between two assaults sufficiently separated incidents.
Criminal Law and Procedure Apr. 18, 2012
Donovan v. Dan Murphy Foundation
Order granting anti-SLAPP motion is improper because gravamen of plaintiff’s complaint alleging wrongful removal from foundation's board did not implicate protected activity.
Employment Law Apr. 18, 2012
People ex rel. Trutanich v. Joseph
Store is correctly found to be public nuisance because owner was not authorized to sell marijuana under Compassionate Use Act or Medical Marijuana Program Act.
Government Apr. 18, 2012
A.G., a Minor
Agency's failure to include information about relatives in notice to tribes as required by Indian Child Welfare Act requires reversal of order terminating parental rights.
Native American Affairs Apr. 17, 2012
In re Morganti
Inmate’s lack of insight into his substance abuse supports denial of parole only if it is rationally indicative of inmate’s current dangerousness.
Criminal Law and Procedure Apr. 17, 2012
Filarsky v. Delia
Private attorney, who was temporarily retained by City to carry out its work, is entitled to seek qualified immunity from suit under 42 U.S.C. Section 1983.
Civil Rights Apr. 17, 2012
Caraco Pharmaceutical Laboratories Ltd. v. Novo Nordisk A/S
Generic manufacturer can assert counterclaim to force correction of use code that inaccurately describes brand's patent as covering unpatented methods of using drug.
Intellectual Property Apr. 17, 2012
Thornton v. California Unemployment Insurance Appeals Board
Public employee is not entitled to reimbursement for attorney fees from public employer where employee only incurred expenses during prelitgiation investigation.
Employment Law Apr. 17, 2012
Gonzalez v. State of Arizona
National Voter Registration Act supersedes Arizona's requirement that prospective voters submit proof of citizenship to register to vote when using federal mail voter registration forms.
Government Apr. 17, 2012
Pacific Pictures Corp. v. U.S. District Court (D.C. Comics)
Petitioner may not selectively waive attorney-client privilege where petitioner disclosed documents to government in response to subpoena.
Civil Procedure Apr. 17, 2012
Balla v. State
Prison Litigation Reform Act allows attorney fees to extent fees are directly and reasonably incurred in proving violation of Act and in enforcing relief ordered.
Prisoners Rights Apr. 17, 2012
Peleg v. Neiman Marcus Group Inc.
Motion to compel arbitration is erroneously granted where valid choice-of-law clause dictated that agreement is governed by Texas law, under which agreement is illusory.
Contracts Apr. 17, 2012
Cyr v. McGovran
Three-year statute of limitations for injury to real property does not apply where plaintiff only had option to purchase, rather than title to property.
Real Property Apr. 17, 2012
Neighbors for Smart Rail v. Exposition Metro Line Construction Authority (Los Angeles County Metropolitan Transportation Authority)
Use of projected future conditions to determine environmental impact of light rail construction is appropriate where impact on presently existing conditions would yield no practical information.
Environmental Law Apr. 17, 2012
Springston v. United States
Order
Apr. 16, 2012