| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
10-444
|
Missouri v. Frye
Defendant who was not informed of plea bargain offers is denied effective assistance of counsel because Sixth Amendment applies to plea bargaining process. |
Criminal Law and Procedure |
|
Mar. 21, 2012 | |
|
10-209
|
Lafler v. Cooper
Where counsel’s ineffective advice led to plea offer’s rejection, defendant must show possibility that outcome of plea process would have been different with competent advice. |
Criminal Law and Procedure |
|
Mar. 21, 2012 | |
|
10-1062
|
Sackett v. EPA
Property owners may bring civil action pursuant to Administrative Procedure Act to challenge issuance of compliance order by EPA under Clean Water Act. |
Environmental Law |
|
Mar. 21, 2012 | |
|
A128485
|
Balsam v. Trancos, Inc.
Internet advertising company violates anti-spam law where it sends e-mail advertisements listing fake companies as sender to avoid being identified as true source. |
Business Law |
|
Mar. 21, 2012 | |
|
10-35551
|
Emeldi v. University of Oregon
Title IX retaliation plaintiff, who lacks direct evidence, must prove that she suffered adverse action after engaging in protected activity. |
Civil Rights |
|
Mar. 21, 2012 | |
|
10-55115
|
R&R Sails Inc. v. Insurance Co. of the State of Pennsylvania
District court must consider willfulness, fault, or bad faith when sanction under Federal Rule of Civil Procedure 37(c)(1) results in dismissal of cause of action. |
Civil Procedure |
|
Mar. 21, 2012 | |
|
10-70892
|
Taproot Administrative Services Inc. v. Commissioner of Internal Revenue
Corporate taxpayer does not qualify for S corporation status during 2003 tax year where sole shareholder was custodial Roth Individual Retirement Account. |
Taxation |
|
Mar. 21, 2012 | |
|
11-1105
|
Friedman v. P+P LLC (In re Friedman)
Bankruptcy court’s order denying confirmation of plan is improper because ‘absolute priority rule’ does not apply in individual debtor chapter 11 cases. |
Bankruptcy |
|
Mar. 20, 2012 | |
|
10-1399
|
Roberts v. Sea-Land Services Inc.
Employee is ‘newly awarded compensation’ when he first becomes disabled and thus, becomes statutorily entitled to benefits under Longshore and Harbor Workers’ Compensation Act. |
Workers' Compensation |
|
Mar. 20, 2012 | |
|
10-1150
|
Mayo Collaborative Services v. Prometheus Laboratories Inc.
Processes concerning use of thiopurine drugs to treat autoimmune diseases are not patent eligible because they effectively claim natural laws. |
Intellectual Property |
|
Mar. 20, 2012 | |
|
10-1016
|
Coleman v. Court of Appeals
Sovereign immunity bars suits against states for damages under Family and Medical Leave Act’s self-care provision because there is no evidence of discrimination. |
Employment Law |
|
Mar. 20, 2012 | |
|
10-1001
|
Martinez v. Ryan
Procedural default does not bar federal habeas court from hearing ineffective-assistance claims if counsel was ineffective in initial-review collateral proceeding. |
Criminal Law and Procedure |
|
Mar. 20, 2012 | |
|
10-17402
|
Benson v. JPMorgan Chase Bank N.A.
Claims by victims of Ponzi scheme are properly dismissed because victims were required to exhaust administrative remedies with Federal Deposit Insurance Corp. |
Banking |
|
Mar. 20, 2012 | |
|
B232307
|
Sierra Pacific Holdings Inc. v. County of Ventura
Federal Aviation Administration safety standards in Advisory Circular do not preempt state tort law on standard of care for airport’s runway protection zone. |
Torts |
|
Mar. 20, 2012 | |
|
D058547
|
Estate of Moss
Service of postprobate will contest on party's attorney of record is sufficient for purposes of triggering time for filing demurrer to postprobate contest. |
Probate and Trusts |
|
Mar. 20, 2012 | |
|
G044232
|
People v. Garcia
Defendant is denied unanimous verdict by 12 jurors where one juror was excused during deliberations after jury reached verdict on multiple counts. |
Criminal Law and Procedure |
|
Mar. 20, 2012 | |
|
B226106
|
Lindemann v. Hume
Party’s contractual right to arbitration must yield if issue common to arbitration and pending action with third party would possibly result in conflicting rulings. |
Civil Procedure |
|
Mar. 20, 2012 | |
|
A131651
|
No Wetlands Landfill Expansion v. County of Marin (Redwood Landfill Inc.)
County board of supervisors has no power to hear appeal regarding solid waste facilities permit where it is not decisionmaking body of local enforcement agency. |
Environmental Law |
|
Mar. 20, 2012 | |
|
11-5981
|
Stevens v. United States
Order |
|
Mar. 19, 2012 | ||
|
10-930
|
Ryan v. Gonzales
Order |
|
Mar. 19, 2012 | ||
|
11-218
|
Tibbals v. Carter
Order |
|
Mar. 19, 2012 | ||
|
11-8178
|
Jarvis v. Analytical Laboratory Services
Order |
|
Mar. 19, 2012 | ||
|
11-8263
|
Franklin v. Laughlin
Order |
|
Mar. 19, 2012 | ||
|
11-8290
|
McCright v. McGrath
Order |
|
Mar. 19, 2012 | ||
|
11-8367
|
Flores v. Dept. of H&HS, et al.
Order |
|
Mar. 19, 2012 | ||
|
11-8482
|
Thornton v. Cavalin
Order |
|
Mar. 19, 2012 | ||
|
S064733
|
People v. Abel
Capital defendant is not entitled to relief on claim of precharging delay where he failed to prove prejudice based on witness' inability to recall information. |
Criminal Law and Procedure |
|
Mar. 19, 2012 | |
|
B230446
|
E.M., a Minor
In dependency case, mother forfeits right to appeal due to disentitlement because she left country with her children while petition was pending. |
Juveniles |
|
Mar. 19, 2012 | |
|
A124765
|
In re Tom
Prosecution violates Fifth Amendment privilege against self-incrimination by introducing evidence at trial of post-arrest, pre-'Miranda' silence as proof of guilt. |
Criminal Law and Procedure |
|
Mar. 19, 2012 | |
|
09-10139
|
U.S. v. Cotterman
Order |
|
Mar. 19, 2012 |