| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
10-553
|
Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC
'Ministerial exception' bars employment discrimination suit against church by teacher who received religious training and was commissioned minister. |
Administrative Agencies |
|
Jan. 12, 2012 | |
|
10-36070
|
Bonneau v. Centennial School District No. 28J
Oregon's specialized child abuse statutes of limitations are not applicable to federal civil rights claims in order to avoid uncertainty in litigation. |
Civil Rights |
|
Jan. 12, 2012 | |
|
10-36125
|
Bylsma v. Burger King Corporation
Order |
|
Jan. 12, 2012 | ||
|
D056676
|
Saraswati v. County of San Diego
Where county’s determination affects parent’s vested fundamental right to familial privacy, reviewing court must apply independent judgment on evidence. |
Administrative Agencies |
|
Jan. 12, 2012 | |
|
C069345
|
R.T. v. Superior Court (Shasta County Health and Human Services Agency)
Reunification of parent with child may be denied where it cannot be shown that parent has made reasonable efforts to treat problems. |
Juveniles |
|
Jan. 12, 2012 | |
|
C066452
|
In re Garcia
Denial of prisoner’s request to participate in existing kosher meal program, as his religion requires, violates his statutory rights of religious exercise. |
Prisoners Rights |
|
Jan. 12, 2012 | |
|
10-895
|
Gonzalez v. Thaler
For state prisoner who does not seek review in state’s highest court, judgment is final for purposes of one-year statute of limitations when time for seeking review expires. |
Criminal Law and Procedure |
|
Jan. 11, 2012 | |
|
10-1104
|
Minneci v. Pollard
In prisoner’s action against privately managed prison’s personnel, Eighth Amendment does not imply 'Bivens' action because state tort law authorizes adequate alternative action. |
Constitutional Law |
|
Jan. 11, 2012 | |
|
10-948
|
CompuCredit Corp. v. Greenwood
Arbitration provision in contract with credit repair organization is enforceable because Credit Repair Organizations Act does not override requirement to enforce such agreements. |
Business Law |
|
Jan. 11, 2012 | |
|
10-8145
|
Smith v. Cain
Prosecution’s failure to disclose notes containing statements of eyewitness, which alone sufficed to undermine confidence in conviction, amounts to 'Brady' violation. |
Criminal Law and Procedure |
|
Jan. 11, 2012 | |
|
11-50030
|
U.S. v. Alcala-Sanchez
Resentencing before different judge is required following government’s breach of plea agreement despite prosecution's admission of mistake and substitution of sentencing recommendation. |
Criminal Law and Procedure |
|
Jan. 11, 2012 | |
|
C063540
|
People v. Holford
In prosecution for possession of child pornography, 25-minute video of child pornography may be shown to jury in its entirety because of high probative value. |
Criminal Law and Procedure |
|
Jan. 11, 2012 | |
|
H036501
|
People v. Clancey
Leniency offer is improper judicial plea bargaining where it was conditioned on defendant pleading to all counts and operated as commitment by court to impose offered sentence. |
Criminal Law and Procedure |
|
Jan. 11, 2012 | |
|
B226074
|
Moody v. Bedford
One-action rule does not apply to pre-litigation settlement with insurer and thus, does not bar decedent’s heirs’ subsequent wrongful death claim against tortfeasor. |
Torts |
|
Jan. 10, 2012 | |
|
A130811
|
Adoption of Myah M.
Court properly declines to refer case to child welfare agency before issuing guardianship order because parents consented to guardianship. |
Family Law |
|
Jan. 10, 2012 | |
|
10-1248sc
|
Cash v. Maxwell
Order |
|
Jan. 10, 2012 | ||
|
10-1548soto
|
Cash v. Maxwell
Order |
|
Jan. 10, 2012 | ||
|
11-275
|
Bluman v. FEC
Order |
|
Jan. 10, 2012 | ||
|
10-11217
|
Ikharo v. Holder
Order |
|
Jan. 10, 2012 | ||
|
11-135
|
Frederick v. Holder
Order |
|
Jan. 10, 2012 | ||
|
11-144
|
Umer v. Holder
Order |
|
Jan. 10, 2012 | ||
|
11-5411
|
Bohannan v. Thaler
Order |
|
Jan. 10, 2012 | ||
|
S120750
|
People v. Pearson
Trial court may not excuse prospective juror based on vague views regarding capital punishment where views would not prevent performance of duties. |
Criminal Law and Procedure |
|
Jan. 10, 2012 | |
|
B230095
|
Sierra Club v. California Dept. of Parks and Recreation
Petition to compel amendment of general development plan to ban off-highway vehicle activity on land tract is properly denied where plaintiff failed to allege ministerial duty. |
Environmental Law |
|
Jan. 10, 2012 | |
|
A131008
|
Davenport v. Superior Court (People)
Flaw in protocol used in assessing whether defendant met criteria for commitment as sexually violent predator does not affect court’s jurisdiction over proceedings. |
Criminal Law and Procedure |
|
Jan. 9, 2012 | |
|
11-551
|
Salazar v. Ramah Navajo Chapter, et al.
Order |
|
Jan. 9, 2012 | ||
|
11-564
|
Florida v. Jardines
Order |
|
Jan. 9, 2012 | ||
|
10-56720
|
Vegas Diamond Properties LLC v. Federal Deposit Insurance Corp. as Receiver for La Jolla Bank FSB
Sale of properties renders appeal moot where plaintiffs sought to reinstate order prohibiting trustee’s sale, but had not obtained stay of order of dissolution. |
Civil Procedure |
|
Jan. 9, 2012 | |
|
08-10472
|
U.S. v. Havelock
Defendant who sent threatening communications to media outlets and websites is not guilty of mailing threatening communications because corporations are not natural persons. |
Criminal Law and Procedure |
|
Jan. 9, 2012 | |
|
D057673
|
American States Insurance Co. v. National Fire Insurance Co. of Hartford
Subrogation claim fails where insurer did not allege that it was not primarily liable for underlying claim and primarily sought contribution from co-obligor. |
Insurance |
|
Jan. 9, 2012 |