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Name Category Published
Caraway v. United States
Order
Apr. 16, 2012
Kirtsaeng v. John Wiley & Sons Inc.
Order
Apr. 16, 2012
U.S. v. Swank
Under Sentencing Guidelines, defendant is subject to enhancement for offense of Abusive Sexual Conduct where he was entrusted with parent-like authority over child victim.
Criminal Law and Procedure Apr. 16, 2012
Leigh v. Salazar
Denial of injunction seeking unrestricted access to horse roundups by government is improper where court failed to apply qualified right of access balancing test.
Constitutional Law Apr. 16, 2012
Stengel v. Medtronic Inc.
Food, Drug and Cosmetic Act preempts claims against medical device manufacturer because plaintiff asserted state tort law violations despite compliance with federal law.
Torts Apr. 16, 2012
People v. Weaver
Verdict of death is upheld where defendant was sufficiently informed that he was giving up right to appeal pretrial rulings following waiver of jury right.
Criminal Law and Procedure Apr. 16, 2012
People v. Allexy
In choosing to impose sex offender registration on defendant whose crime does not require registration, court may not defer decision to impose requirement following sentencing.
Criminal Law and Procedure Apr. 16, 2012
Brown v. Wells Fargo Bank NA
Appeal seeking to delay trustee's sale by protesting ex parte relief where no ex parte relief had been granted raises no viable issue and is frivolous as matter of law.
Real Property Apr. 16, 2012
Epitech Inc. v. Kann
Nonsignatory to arbitration agreement cannot be compelled to arbitrate dispute unless party is third-party beneficiary to agreement.
Contracts Apr. 16, 2012
Henry M. Lee Law Corp. v. Superior Court (Chang)
Attorney, not client, is entitled to attorney fees awarded under Labor Code provisions allowing employees to recover attorney fees from employers.
Employment Law Apr. 16, 2012
Carrera v. Ayers
Order
Apr. 15, 2012
U.S. v. Kelly
Hague Convention does not supersede federal criminal statutes prohibiting destruction of government property, which is used to protect nuclear weapons.
Criminal Law and Procedure Apr. 15, 2012
U.S. v. Goodbear
Sentencing enhancement for use of minor to avoid detection of offense is appropriate where it was reasonable to assume that defendant knew her husband would tell their son to lie to investigators.
Criminal Law and Procedure Apr. 15, 2012
Muldrow v. Surrex Solutions
Order
Apr. 12, 2012
People v. Alger
Order
Apr. 12, 2012
McKinnon v. Superior Court (People)
Order
Apr. 12, 2012
Coronado v. Superior Court (People)
Order
Apr. 12, 2012
People v. Clancey
Order
Apr. 12, 2012
Miske v. Bisno
General partner is jointly liable for copartner's concealment of material facts where concealment induced innocent third party to purchase partnership units.
Corporations Apr. 12, 2012
Brown v. Ahern
Absent extraordinary circumstances, federal court is prohibited from entertaining preconviction habeas petition raising Speedy Trial claim as affirmative defense to state prosecution.
Criminal Law and Procedure Apr. 12, 2012
Minority Television Project Inc. v. FCC
Ban on public-issue and political advertisements is unconstitutional because statutes were not narrowly tailored to promote educational programming.
Constitutional Law Apr. 12, 2012
Brinker Restaurant Corp. v. Superior Court (Hohnbaum)
Although employers must relieve employees of all duties during meal periods, employers are not required to ensure that no work is done.
Employment Law Apr. 12, 2012
People v. Kurtenbach
Sentence for vandalism is stayed pursuant to Penal Code Section 654 where vandalism is part of single objective and part of indivisible transaction to commit arson.
Criminal Law and Procedure Apr. 12, 2012
Ana C., a Minor
Father accused of sexual abuse waives his claim of error as to witness's competence to testify where he did not object during trial.
Juveniles Apr. 12, 2012
William L. Lyon & Associates Inc. v. Superior Court (Henley)
Two-year statute of limitations for filing action for breach of duty owed by seller's broker to buyer does not apply where buyers alleged claims against dual listing agent.
Real Property Apr. 12, 2012
In re Fratus
Dept. of Corrections and Rehabilitation violates inmate’s due process rights by depriving inmate of right to call friendly witness and question officers at disciplinary hearing.
Prisoners Rights Apr. 12, 2012
McDonough v. Superior Court (City of San Jose)
City council must amend title and question of ballot measure, which would modify employee retirement benefits, due to impermissibly partisan text.
Government Apr. 11, 2012
Farris v. Seabrook
Contribution limit applied to recall committees violates First Amendment rights where state fails to identify sufficiently important interest to justify limit.
Government Apr. 11, 2012
Samper v. Providence St. Vincent Medical Center
Nurse's reasonable accommodation claim under Americans with Disabilities Act fails because regular attendance is essential function of neonatal nursing position at hospital.
Civil Rights Apr. 11, 2012
Kolev v. Euromotors West/The Auto Gallery
Order
Apr. 11, 2012