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Name Category Published
U.S. v. Kuok
In conspiracy case, evidence of duress must be allowed where defendant alleged that Chinese government engaged in specific and direct threats against him.
Criminal Law and Procedure Jan. 18, 2012
Chettiar v. Holder
CIS does not lose jurisdiction over petition to remove conditions on residence if it fails to adjudicate within 90 days of initial interview.
Immigration Jan. 18, 2012
White v. City of Pasadena
Police officer's federal discrimination and retaliatory termination claims are precluded by previous state rulings on same issues involved in prior termination.
Civil Procedure Jan. 18, 2012
Little v. Amber Hotel Co.
Tortious interference with contract claim does not fail when third party impaired attorney's lien on attorney fee award made by court in underlying action.
Torts Jan. 18, 2012
I.A., a Minor
Father's challenge to juvenile court's jurisdictional findings involving his conduct does not raise justiciable issue because father did not challenge findings involving mother as well.
Juveniles Jan. 18, 2012
Ashley B., a Minor
Sibling's death establishes abuse or neglect of child where parents did not follow hospital instructions to place sibling in crib to sleep.
Juveniles Jan. 16, 2012
People v. Dyser
First degree burglary and assault with intent to commit rape are lesser included offenses of assault with intent to commit rape during first degree burglary.
Criminal Law and Procedure Jan. 16, 2012
People v. Hunter
'Pinpoint instruction,' which lightened prosecution’s burden to prove firearm enhancement, is erroneous, but does not require reversal because error was harmless.
Criminal Law and Procedure Jan. 16, 2012
Pioneer Construction Inc. v. Global Investment Corp.
Complaint to foreclose on mechanic’s lien is timely where time period is tolled during bankruptcy proceedings.
Bankruptcy Jan. 16, 2012
Transport Insurance Co. v. TIG Insurance Co.
Under invited error doctrine, plaintiff may not seek to reverse verdict based on faulty jury instructions where plaintiff agreed to and supported use of instructions.
Civil Procedure Jan. 16, 2012
Inquiry Concerning Judge Richard W. Stanford Jr.
Removal of judge is necessary where he engaged in willful misconduct by diverting traffic tickets and waiving fines for family and friends.
Judges Jan. 13, 2012
Damion B., a Minor
Curtailment of de facto parents’ right to cross-examine does not violate due process because it did not significantly undermine ability to respond to issue.
Juveniles Jan. 13, 2012
LaGrone v. City of Oakland
Port's unilateral decision to rename job description does not disqualify employee from transferring to city position with same classification.
Employment Law Jan. 13, 2012
O'Neil v. Crane Co.
Manufacturers are not strictly liable for asbestos containing components used with their products where their own products did not cause asbestos exposure.
Torts Jan. 13, 2012
People v. Nelson
Juvenile’s repeated requests to speak with mother during post-'Miranda' waiver interview is not clear assertion of 'Miranda' rights under circumstances of case.
Criminal Law and Procedure Jan. 13, 2012
People v. Davis
Order
Criminal Law and Procedure Jan. 13, 2012
People v. Davis
Order
Jan. 13, 2012
Guerra (Jose) on Habeas Corpus
Order
Jan. 13, 2012
Avalos (Mario Angel) on Habeas Corpus
Order
Jan. 13, 2012
Sonic-Calabasas A, Inc. v. Moreno
Order
Jan. 13, 2012
Hydrick v. Hunter
Although government officials may be held individually liable for constitutional violations, plaintiff must plead sufficient facts to establish plausible claims for any such violations.
Constitutional Law Jan. 13, 2012
Mazza v. American Honda Motor Co. Inc.
Class certification order is improper where class members purchased vehicles in different states with different consumer protection laws.
Civil Procedure Jan. 13, 2012
United States v. Arango
In denaturalization proceeding, summary judgment for government is improper where defendant presented evidence that INS entered into agreement permitting him to naturalize.
Immigration Jan. 13, 2012
Shelley v. Geren
Summary judgment in age discrimination claim is improper where employee presented prima facie case and evidence of pretext sufficient to create material dispute.
Employment Law Jan. 13, 2012
Bowers v. Whitman
Constitutional taking did not occur where new legislation eliminated property rights because interests were too uncertain.
Constitutional Law Jan. 13, 2012
U.S. v. Lopez-Avila
Double jeopardy does not bar retrial following mistrial where prosecutor altered statements from guilty plea hearing to make it seem that defendant lied.
Criminal Law and Procedure Jan. 13, 2012
Walker v. Sonora Regional Medical Center
Hospital that provides clinical laboratory testing to patient does not owe patient duty to directly inform her of results, which is her doctor’s duty.
Torts Jan. 13, 2012
Mize-Kurzman v. Marin Community College District
California whistleblower statutes do not include federally-based limitation requiring plaintiff to prove that disclosure was for public good, rather than personal reasons.
Employment Law Jan. 12, 2012
Perry v. New Hampshire
Eyewitness identifications can be admitted as evidence where there is no improper police conduct involved in obtaining them.
Criminal Law and Procedure Jan. 12, 2012
Pacific Operators Offshore LLP v. Valladolid
Outer Continental Shelf Lands Act extends workers’ compensation coverage to employee who establishes substantial nexus between injury and employer’s extractive operations.
Workers' Compensation Jan. 12, 2012