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Name Category Published
A.D., a Minor v. Markgraf
Order
Apr. 11, 2012
Axis Surplus Insurance Co. v. Glencoe Insurance Ltd.
Insurer’s payment of self-insured retention fund in settlement of insured’s lawsuit is sufficient evidence of insurer’s potential coverage in subsequent claim for equitable contribution.
Insurance Apr. 11, 2012
People v. Gray
City using automated traffic enforcement system does not need to provide warnings or public announcement of system each time equipment becomes operational at each intersection.
Government Apr. 11, 2012
People v. Baker
Although some expert witness testimony constituted incompetent hearsay, substantial evidence supports finding that prisoner qualified as mentally disordered offender.
Criminal Law and Procedure Apr. 11, 2012
Quail Lakes Owners Association v. Kozina
Petition by homeowners’ association to reduce supermajority voting restriction is properly granted where court found proper notice had been given to members.
Real Property Apr. 10, 2012
People v. Wade
Conviction for grand theft should be reduced to petty theft because Legislature intended for amendment redefining grand theft to be applied retroactively.
Criminal Law and Procedure Apr. 10, 2012
Kirton v. Valley Health System (In re Valley Health System)
Bankruptcy court lacks post-confirmation jurisdiction over petition to enforce alleged rights under retirement plan because petition did not contain claims based on bankruptcy law or case.
Bankruptcy Apr. 10, 2012
U.S. v. Nosal
Criminal act of 'exceeding authorized access' under Computer Fraud and Abuse Act is limited to violations of restrictions on access to information, rather than use restrictions.
Criminal Law and Procedure Apr. 10, 2012
Litke O’Farrell LLC v. Tipton
Nondebtor spouse's interests cannot be charged where husband and wife entered into marital settlement agreement prior to creditor's motion to charge interests.
Family Law Apr. 10, 2012
King v. Lynch
Amendments to revocable trust are invalid without signatures of both settlors where trust specified that both signatures were required to be effective.
Probate and Trusts Apr. 10, 2012
Connolly v. Trabue
Doctrine of laches does not bar plaintiff’s claim seeking establishment of right to prescriptive easement because laches does not apply to actions at law.
Real Property Apr. 10, 2012
Bank of America N.A. v. Mitchell
Bank is barred from seeking deficiency judgment on deed of trust recorded against real property that has already been sold at nonjudicial foreclosure sale.
Real Property Apr. 10, 2012
L.A. Printex Industries Inc. v. Aeropostale Inc.
Plaintiff's sale of more than 50,000 yards of fabric bearing copyrighted design created genuine dispute of material fact in copyright infringement case.
Intellectual Property Apr. 9, 2012
Moss v. Ruecker
Anti-Bush protestors have plausible claim of viewpoint discrimination where they were given less opportunity to communicate their message than pro-Bush demonstrators.
Civil Rights Apr. 9, 2012
Oklevueha Native American Church of Hawaii Inc. v. Holder
Church may bring pre-enforcement claim over its religious use of marijuana where there is genuine threat of imminent prosecution under Controlled Substances Act.
Native American Affairs Apr. 9, 2012
Williams v. Public Employment Relations Board (California Faculty Association)
Public Employment Relations Board decision not to issue complaint is generally not subject to judicial review unless decision constitutes constitutional violation.
Labor Law Apr. 9, 2012
Mattson v. Howe (In re Mattson)
While bankruptcy court erroneously used substantial and unanticipated change test, error is harmless because proposed plan modification fails good faith analysis test as well.
Bankruptcy Apr. 9, 2012
Hoskins v. Citigroup Inc. (In re Viola)
Bank is not transferee for purpose of avoidance of fraudulent transfers claim where bank did not have sufficient control over funds to direct their disbursement.
Bankruptcy Apr. 9, 2012
B.L., a Minor
Reunification services are properly denied to parents because paternal grandparents had custody of child pursuant to guardianship at time of removal.
Juveniles Apr. 8, 2012
Century Surety Company v. Casino West Inc.
Order
Apr. 8, 2012
U.S. v. Wilbur
Cigarette retailers do not violate Contraband Cigarette Trafficking Act during period where they were licensed Indian retailers because state cigarette tax did not apply to them.
Native American Affairs Apr. 8, 2012
Johnson v. Ralphs Grocery Co.
Anti-SLAPP statute applies to malicious prosecution cause of action because communications in connection with matters related to lawsuits are privileged.
Torts Apr. 5, 2012
U.S. v. Manzo
Counsel's performance is deficient due to failure to anticipate that offenses would be grouped for sentencing and advise withdrawal from plea agreement.
Criminal Law and Procedure Apr. 5, 2012
People v. Gray
City using automated traffic enforcement system does not need to provide warnings or public announcement of system each time equipment becomes operational at each intersection.
Government Apr. 4, 2012
People v. Self
Notations on foreign judgment of conviction cannot be used to enhance conviction where notations were not relevant to determination of crime defendant committed.
Criminal Law and Procedure Apr. 4, 2012
U.S. v. Onyesoh
Government must prove usability of expired credit card numbers for district court to enhance sentence for access device fraud.
Criminal Law and Procedure Apr. 4, 2012
Schneider v. McDaniel
Pro se petitioner’s mental condition cannot serve as cause for procedural default when petitioner remains able to apply to state court for post-conviction relief.
Criminal Law and Procedure Apr. 4, 2012
Nordyke v. King
Order
Apr. 4, 2012
Wells Fargo Banl NA v. Baker
National Bank Act preempts Iowa statute allowing substitute service with Iowa Secretary of State because it infringes on national banks' power to sue.
Banking Apr. 4, 2012
Marriage of Rice and Eaton
Numerous failures to pay child support are not so interrelated as to require that they be charged simultaneously because each constitutes separate act of contempt.
Family Law Apr. 4, 2012