| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
H034778
|
Garcia v. ConMed Corp.
Misconduct does not result in prejudice because it was not reasonably probable that plaintiff would have obtained more favorable verdict in absence of misconduct. |
Civil Procedure |
|
Mar. 8, 2012 | |
|
B230269
|
Steed v. Dept. of Consumer Affairs
Court properly declines to take judicial notice of minute order, which granted prior petition, and thus, plaintiff fails to carry burden under anti-SLAPP statute. |
Civil Procedure |
|
Mar. 8, 2012 | |
|
E053414
|
Nesson v. Northern Inyo County Local Hospital District
Lawsuit arising from challenge to hospital peer review activities constitutes official proceeding, which is subject to anti-SLAPP motion to strike. |
Health Care |
|
Mar. 7, 2012 | |
|
08-30339
|
U.S. v. George
Order |
|
Mar. 7, 2012 | ||
|
09-16703
|
Kilgore v. KeyBank National Association
Arbitration clause in lender's promissory note is enforceable because California's rule against arbitration of public injunctive relief claims is preempted by federal law. |
Civil Procedure |
|
Mar. 7, 2012 | |
|
10-10118
|
U.S. v. Whitney
Government breaches plea agreement by disclosing defendant’s admissions and urging imposition of sentence above low end of guidelines range. |
Criminal Law and Procedure |
|
Mar. 7, 2012 | |
|
10-15501
|
Wagner v. County of Maricopa
Statements offered to establish decedent's state of mind are admissible where they were not offered to prove truth of underlying memory or belief. |
Civil Procedure |
|
Mar. 7, 2012 | |
|
G044400
|
People v. Wensinger
Double jeopardy bars defendant's conviction for making criminal threats where earlier trial found there was insufficient evidence that he made those threats. |
Criminal Law and Procedure |
|
Mar. 7, 2012 | |
|
12-15005
|
State of Nevada v. Bank of America
Removal of attorney general enforcement action alleging violations of Nevada Deceptive Trade Practices Act is improper because of lack of federal question jurisdiction. |
Business Law |
|
Mar. 6, 2012 | |
|
09-73683
|
Oyeniran v. Holder
Collateral estoppel binds BIA to prior determination that alien presented sufficient evidence under Convention Against Torture based on violence due to religious differences. |
Immigration |
|
Mar. 6, 2012 | |
|
10-16970
|
Klestadt & Winters LLP v. Cangelosi
District court's sanction order is not appealable final decision because more flexible jurisdictional principles do not apply to district judges sitting in bankruptcy. |
Bankruptcy |
|
Mar. 6, 2012 | |
|
B231137
|
Willard v. AT&T Communications of California Inc.
Judicial review of telephone company's fees for nonpublished and unlisted services is inappropriate because court would be required to consider complex economic policy. |
Business Law |
|
Mar. 6, 2012 | |
|
A125557
|
Duran v. U.S. Bank National Association
Use of representative sampling of class members in class action suit limits defendant's ability to prove affirmative defense and thus, violates due process. |
Civil Procedure |
|
Mar. 6, 2012 | |
|
10-272
|
John Crane Inc. v. Atwell
Order |
|
Mar. 5, 2012 | ||
|
10-520
|
Griffin Wheel Co. v. Harris
Order |
|
Mar. 5, 2012 | ||
|
10-1265
|
Martel v. Clair
District court properly rejects defendant's substitution motion because motion came after proceedings had closed and new attorney could not have done anything. |
Criminal Law and Procedure |
|
Mar. 5, 2012 | |
|
11-10066
|
U.S. v. Lequire
Insurance agency treasurer cannot be guilty of embezzling where funds commingled were not held in trust, and agency merely had contractual obligations. |
Insurance |
|
Mar. 5, 2012 | |
|
11-10339
|
USA v. Loughner
Hospital's decision to administer involuntary medication does not violate defendant's substantive due process rights because defendant was danger to himself and others. |
Criminal Law and Procedure |
|
Mar. 5, 2012 | |
|
S181788
|
In re Lucas
Although regulation’s ‘good cause’ definition in sexually violent predator evaluation proceeding is invalid, court’s reliance on regulation was excusable good faith mistake. |
Criminal Law and Procedure |
|
Mar. 5, 2012 | |
|
A129146
|
Asahi Kasei Pharma Corp. v. Cotherix Inc.
Cartwright Act do not apply to merger and where complaint does not allege any pre-merger conspiracy acts in violation of Act. |
Antitrust |
|
Mar. 5, 2012 | |
|
B230076
|
Jeffrey Kavin Inc. v. Frye
Lessees are not bound to purported exercise of option signed by co-lessee under direction of lessor, and not in manner designated under contract. |
Contracts |
|
Mar. 5, 2012 | |
|
B228078
|
Kurwa v. Kislinger
Doctor breaches fiduciary duty to business partner where he induces clients to terminate contracts and enter into exclusive agreements with his corporation. |
Business Law |
|
Mar. 5, 2012 | |
|
C066039
|
Stockton Teachers Association CTA/NEA v. Stockton Unified School Disitrict
Teachers must be treated as probationary employees where there was no evidence that they were terminated at expiration of categorically funded project. |
Education |
|
Mar. 4, 2012 | |
|
F062010
|
D.C. v. Oakdale Joint Unified School District
In tort claim action against school district, document that did not include date of board’s rejection is insufficient to give petitioner notice. |
Torts |
|
Mar. 4, 2012 | |
|
09-17594
|
San Luis & Delta-Mendota Water Authority v. United States
U.S. Dept. of Interior’s exercise of discretion in treating water releases from central valley reservoirs as ‘non-fishery actions’ is proper. |
Environmental Law |
|
Mar. 4, 2012 | |
|
G043909
|
City of Lake Forest v. Evergreen Holistic Collective
City may not prohibit medical marijuana dispensaries altogether, with caveat that Legislature authorized dispensaries at sites where marijuana is collectively cultivated. |
Government |
|
Mar. 1, 2012 | |
|
E053173
|
County of San Bernardino v. WCAB
Employee may not recover benefits based on physical manifestations of effects of stress suffered at work caused by good faith personnel actions. |
Workers' Compensation |
|
Mar. 1, 2012 | |
|
A131656
|
Global Hawk Insurance Co. v. Century-National Insurance Co.
Insurer of interstate trucking company must reimburse sanitation company's insurer for uninsured motorist benefits it paid to its insured's employee. |
Insurance |
|
Mar. 1, 2012 | |
|
S198526
|
Hernandez (Jesus) on Habeas Corpus
Order |
|
Mar. 1, 2012 | ||
|
S178957
|
Merrill v. Leslie Controls
Order |
|
Mar. 1, 2012 |