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Name Category Published
Campbell v. State of Washington Dept. of Social and Health Services
Voluntary participation in state’s assisted living program does not create special relationship subjecting state to affirmative duty of care. 		Civil Rights Nov. 8, 2011
U.S. v. Ceballos
Non-binding housing designation recommendation by district court to Bureau of Prisons may not be appealed. 		Criminal Law and Procedure Nov. 8, 2011
Roberts v. McAfee Inc.
Anti-SLAPP motion to strike malicious prosecution claims should have been granted where company had probable cause to accuse former general counsel of participating in illegal backdating. 		Torts Nov. 8, 2011
Chism v. Washington State
Officers are not entitled to qualified immunity where they acted recklessly by including false statements and omissions in affidavit supporting search warrant. 		Civil Rights Nov. 8, 2011
Father M v. Various Tort Claimants
Court may not disclose priest’s personnel files based on mere allegations of sexual abuse, which did not create public interest outweighing confidentiality interests. 		Civil Procedure Nov. 8, 2011
Ditullio v. Boehm
Trafficking Victims Protection Act permits victim to recover punitive damages, but does not apply retroactively to conduct occurring before its effective date. 		Criminal Law and Procedure Nov. 8, 2011
In re Efstathiou
Statutory amendment, which makes prison gang members placed in administrative segregation units ineligible for conduct credits, does not violate ex post facto. 		Criminal Law and Procedure Nov. 7, 2011
Glenn v. Washington County
Officers may not be entitled to qualified immunity from excessive force claim where they fatally shot suicidal teenager who did not pose threat to others’ safety. 		Civil Rights Nov. 7, 2011
Executive Benefits Ins. Agency v. Arkison (In the Matter of: Bellingham Ins. Agency, Inc.)
Order 		Nov. 7, 2011
People v. Evans
Warrantless search of vehicle is unconstitutional where arrestee is detained and officers have no reasonable belief evidence related to offense would be found. 		Criminal Law and Procedure Nov. 7, 2011
People v. Bell
Order 		Nov. 4, 2011
People v. Carlson
Court properly declines to instruct jury that voluntary intoxication resulting in unconsciousness can reduce charge of murder to involuntary manslaughter. 		Criminal Law and Procedure Nov. 4, 2011
Mirmehdi v. United States
Alien’s ‘Bivens’ claim alleging unlawful detention fails because adequate alternative remedies existed and immigration context implicated foreign policy. 		Immigration Nov. 4, 2011
Kairy v. SuperShuttle International
District court has subject matter jurisdiction to determine whether passenger stage corporation drivers are employees or independent contractors under California law. 		Civil Procedure Nov. 4, 2011
People v. The North River Insurance Co.
Relief from judgment due to attorney mistake may be applied to bail bond forfeiture proceedings where bail agent’s petition was timely. 		Criminal Law and Procedure Nov. 4, 2011
Vogt v. Herron Construction Inc.
Subcontractor may be held vicariously liable where its employee ran over another subcontractor's employee while moving his personal truck on worksite. 		Torts Nov. 3, 2011
Garcia v. Holder
Petitioner’s parole as Special Immigrant Juvenile qualifies as ‘admission in any status’ for purposes of eligibility for cancellation of removal. 		Immigration Nov. 3, 2011
Alpha and Omega Development LP v. Whillock Contracting Inc.
Anti-SLAPP motion is properly granted where plaintiff’s complaint is based on lis pendens filed in previous action and subject to litigation privilege. 		Real Property Nov. 3, 2011
People v. Davis
Reports prepared by nontestifying physicians are not 'testimonial' out-of-court statements and as such, they are admissible under Sixth Amendment. 		Criminal Law and Procedure Nov. 3, 2011
People v. Ruffin
Mandatory lifetime sex offender registration requirement for prison inmates who commit acts of oral copulation with consenting adults violates equal protection. 		Criminal Law and Procedure Nov. 3, 2011
U.S. v. Harvey
Under Federal Controlled Substances Act Section 844(a), meaning of 'order' does not include recommendation from physician pursuant to Compassionate Use Act. 		Criminal Law and Procedure Nov. 3, 2011
Hernandez v. Kieferle
Presumption that testamentary transfers to care custodians are invalid does not apply where transferor’s step-daughter was heir capable of inheriting. 		Probate and Trusts Nov. 2, 2011
County of Kern v. WCAB
Member of volunteer fire department is properly deemed employee of county where county directly assisted in training members and provided financial support to department. 		Workers' Compensation Nov. 2, 2011
Barnett v. State Farm General Insurance Co.
Lawful seizure and destruction of marijuana plants pursuant to valid search warrant does not constitute ‘theft’ triggering insurance coverage under homeowner's policy. 		Insurance Nov. 2, 2011
Jerry Beeman and Pharmacy Services Inc. v. Anthem Prescription Management, LLC
Order 		Nov. 2, 2011
People v. Nunes
Defendants may be punished separately for active participation in criminal street gang charge, which was not based solely on underlying felony convictions. 		Criminal Law and Procedure Nov. 2, 2011
People v. Crivello
Prosecution may not seek recommitment of defendant for mental treatment following court’s determination of reasonable doubt as to whether disorder was causative in crime. 		Criminal Law and Procedure Nov. 2, 2011
People v. Robinson
Court errs in staying gang enhancement where imposition of sentencing enhancements is governed by more specific of two conflicting statutes on matter. 		Criminal Law and Procedure Nov. 2, 2011
The Oglio Entertainment Group Inc. v. Hartford Casualty Insurance Co.
Insurer does not have duty to defend under 'advertising injury' provision where recording artist's lawsuit alleged that music label sold competing products. 		Insurance Nov. 2, 2011
U.S. v. Sanchez
Prosecutor’s statements urging jury against acquittal in case that rested on defendant’s credibility prejudices defendant's trial and warrants reversal of conviction. 		Criminal Law and Procedure Nov. 2, 2011
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