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Name Category Published
Samueli v. Commissioner of Internal Revenue
Purported securities loan with potential term of 450 days, which was entered into for tax avoidance purposes, does not qualify for nonrecognition treatment. 		Taxation Nov. 2, 2011
Conahan v. Sebelius
Medicare Advantage plan is not required to pay for out-of-network surgery where it determined that surgery would be too dangerous and developed alternative plan. 		Government Nov. 2, 2011
Teroso Del Valle Master Homeowners Association v. Griffin
Jury properly finds homeowners association’s restrictions on installation of solar energy systems are reasonable under California Solar Rights Act. 		Real Property Nov. 2, 2011
Brown v. Superior Court (California Correctional Peace Officers Association)
Furlough program is valid where implemented by executive order and retroactively validated by legislative amendments to Budget Act. 		Government Nov. 2, 2011
Clark v. California Insurance Guarantee Association
Third party judgment creditor may not enforce award of costs and interest in direct action against insurer under Insurance Code Section 11580. 		Insurance Nov. 1, 2011
Frisk v. Superior Court (Northwest Surgical Development Co. Inc.)
Court properly determines peremptory challenge is moot where party making challenge was dismissed from lawsuit before court accepted challenge. 		Civil Procedure Nov. 1, 2011
Sonic-Calabasas A, Inc. v. Frank Moreno
Order 		Nov. 1, 2011
L. Perrigo Company v. Augustine Gaeta, et ux.
Order 		Nov. 1, 2011
Cavazos v. Smith
Ninth Circuit errs in setting aside jury verdict due to insufficient evidence although evidence existed to find elements of crime beyond reasonable doubt. 		Criminal Law and Procedure Nov. 1, 2011
Utah Highway Patrol Association v. American Atheists Inc., et al.
Order 		Nov. 1, 2011
People v. Vang
Expert testimony is proper when based on hypothetical questions rooted in facts shown by evidence of case. 		Criminal Law and Procedure Nov. 1, 2011
Serrano v. Stefan Merli Plastering Co. Inc.
Attorney fee award may be imposed on litigant, which lost appeal establishing court authority to determine reasonableness of fees, because appeal involved important right affecting public interest. 		Civil Procedure Nov. 1, 2011
Small v. Avanti Health Systems LLC
Court properly issues preliminary injunction after finding successor employer refused to bargain with union representing majority of employees employed by predecessor. 		Labor Law Nov. 1, 2011
American Trucking Associations Inc. v. The City of Los Angeles
Federal Aviation Administration Authorization Act preempts provision in concession agreements between port and motor carriers, which required carriers to hire employee drivers over time. 		Government Nov. 1, 2011
Brantley v. NBC Universal Inc.
Order 		Nov. 1, 2011
U.S. v. Caruto
Instruction to grand jury to ignore potential punishment in deciding whether to convict does not violate Fifth Amendment. 		Criminal Law and Procedure Nov. 1, 2011
Gypsum Resources LLC v. Catherine Cortez Masto
Order 		Nov. 1, 2011
Greene v. Camreta
Order 		Nov. 1, 2011
Biancalana v. T.D. Service Co.
Mistake made by trustee, acting as beneficiary’s agent in foreclosure sale, is not procedural irregularity making sale voidable. 		Real Property Nov. 1, 2011
Yuin University v. Korean Broadcasting System
Broadcast’s statements describing school as ‘vacant, suspected degree factory’ are not defamatory where used as hyperbolic speech in support of program’s opinion. 		Torts Nov. 1, 2011
Marsh v. Anesthesia Services Medical Group Inc.
Physician fails to adequately plead antitrust claim that medical corporation limited her practice because allegations did not indicate detrimental effect on competition in excess of plaintiff’s concerns. 		Antitrust Nov. 1, 2011
In re Cipro Cases I & II
Settlement of patent infringement lawsuit does not violate antitrust law where restraint on competition does not go beyond exclusionary scope of patent. 		Antitrust Nov. 1, 2011
Bullis Charter School v. Los Altos School District
School district violates Charter Schools Act by failing to accurately measure all facilities of comparable public schools and accurately describe facilities offered to charter school. 		Education Oct. 31, 2011
Palp Inc. v. Williamsburg National Insurance Co.
Mechanical device exclusion for claims resulting from movement of property by mechanical device does not apply where employee was not loading or unloading truck. 		Insurance Oct. 31, 2011
Boyer v. Belleque
Sufficient evidence supports conviction for attempted aggravated murder where defendant knew he had AIDS, and sexually abused victims without wearing condom. 		Criminal Law and Procedure Oct. 31, 2011
U.S. v. Wilson
Government’s interest in seized property used to facilitate crime is eliminated following victim’s showing of interest in fraudulently obtained property. 		Criminal Law and Procedure Oct. 31, 2011
U.S. v. Newman
District court errs in declining to impose criminal forfeiture in amount that was indisputably traceable to defendant’s commission of bank robberies. 		Criminal Law and Procedure Oct. 31, 2011
Cadam v. Somerset Gardens Townhouse HOA
Property owner is not liable for injuries sustained in fall caused by walkway separation, which was less than an inch in depth. 		Torts Oct. 31, 2011
People v. Thomas
Defendant does not have expectation of privacy in saliva left on preliminary alcohol screening device and thus, subsequent DNA testing does not constitute search. 		Criminal Law and Procedure Oct. 31, 2011
The Margulies Law Firm APLC v. Placide (In re Placide)
Court properly finds attorney’s claimed fees unreasonable where fees are grossly disproportionate to potential amount recoverable from bankruptcy proceeding. 		Bankruptcy Oct. 31, 2011
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