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Name Category Published
Haile v. Holder
Alien is eligible for deferral removal despite terrorist involvement where alien demonstrated likelihood of torture by government if returned to country of citizenship.
Immigration Sep. 26, 2011
Silva v. Di Vittorio
Prisoner may proceed ‘in forma pauperis’ where orders of dismissal were filed months after instant appeal and thus, did not count as ‘strike.’
Prisoners Rights Sep. 26, 2011
Earl v. Nielsen Media Research Inc.
Summary judgment is improper where plaintiff raises triable issue that employer’s reason for termination was pretext for unlawful age discrimination.
Employment Law Sep. 26, 2011
Stokley v. Ryan
Defendant is not entitled to habeas relief where, regardless of admissibility of new evidence, he fails to show counsel’s representation fell below standard of reasonableness.
Criminal Law and Procedure Sep. 26, 2011
U.S. v. Perelman
First Amendment overbreadth challenge to statute prohibiting unauthorized wearing of military medals fails because statute requires intent to deceive.
Criminal Law and Procedure Sep. 26, 2011
Team Enterprises LLC v. Western Investment Real Estate Trust
Under CERCLA, manufacturer does not ‘arrange for disposal’ of hazardous substances where purpose of product is to recover hazardous substances, not disposal.
Environmental Law Sep. 26, 2011
U.S. v. Chung
Sufficient evidence supports defendant's conviction for espionage where proprietary documents, which were considered ‘trade secrets,’ were found in his possession.
Criminal Law and Procedure Sep. 26, 2011
U.S. v. Sykes
Modification of sentence that imposes statute’s mandatory minimum, falling within amended sentencing range, does not constitute new sentence.
Criminal Law and Procedure Sep. 26, 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 Sep. 26, 2011
People v. Nottoli
Warrantless searches of vehicle and cell phone discovered in vehicle following traffic stop are justified as searches incident to arrest.
Criminal Law and Procedure Sep. 26, 2011
People v. Aguirre
Federal indictment is not ‘direct consequence’ of guilty plea in state court where federal charge and state conviction are different offenses.
Criminal Law and Procedure Sep. 26, 2011
Shugart v. The Regents of the University of California
Summary judgment is improper where declaration does not include documents relied on by expert, but is already before court and raises triable issues.
Civil Procedure Sep. 25, 2011
People v. Gari
'Coram nobis' writ relief is unavailable to petitioner who failed to show existence of fact that was not presented at trial and would have prevented his conviction.
Criminal Law and Procedure Sep. 25, 2011
Dukes v. Wal-Mart Stores, Inc.
Order
Sep. 25, 2011
U.S. v. Fitch
Following fraud and money laundering convictions, sentencing court may consider uncharged premeditated murder to support drastic upward departure from Sentencing Guidelines.
Criminal Law and Procedure Sep. 25, 2011
Al Haramain Islamic Foundation v. U.S. Dept. of the Treasury
Substantial evidence supports Office of Foreign Assets Control's designation of nonprofit organization as 'specially designated global terrorist,' justifying freeze on organization's assets.
Government Sep. 25, 2011
Confederated Tribes and Bands of the Yakama Indian Nation v. Gregoire
Washington cigarette tax requiring Indian tribe to collect tax from non-Indian purchasers is valid because 'legal incidence' of tax does not fall on tribe.
Native American Affairs Sep. 25, 2011
U.S. v. Rivera
Eight-level offense level increase is proper where theft offense qualified as aggravated felony based on judicially-noticeable documents.
Criminal Law and Procedure Sep. 25, 2011
Gonzales v. Arrow Financial Services LLC
Cumulative recovery is allowed under complementary federal and state statutes, which protect consumers from unlawful debt collection practices.
Constitutional Law Sep. 25, 2011
Magness v. Superior Court (People)
Order
Sep. 23, 2011
People v. Butler
Order
Sep. 23, 2011
Duong (Senh) on Habeas Corpus
Order
Sep. 23, 2011
Wright v. Superior Court (People)
Order
Sep. 23, 2011
Davis v. Superior Court (People)
Order
Sep. 23, 2011
Page v. Superior Court (People)
Order
Sep. 23, 2011
Villa v. Superior Court (People)
Order
Sep. 23, 2011
Communities for a Better Environment v. P.U.C. (Pacific Gas & Electric)
Order
Sep. 23, 2011
Golden Hill Neighborhood Association Inc. v. City of San Diego
City’s failure to show proportionality of assessments charged against its park and open areas invalidates votes establishing creation of special district.
Government Sep. 22, 2011
Winterton v. Humitech of Northern California LLC (In re Blue Pine Group Inc.)
Bankruptcy court's imposition of sanctions against attorney is appropriate where he filed bankruptcy without corporate authorization and failed to conduct reasonable inquiry.
Bankruptcy Sep. 22, 2011
Cole v. Holder
Denial of application for relief under Convention Against Torture is improper because BIA failed to give reasoned consideration to potentially dispositive expert testimony.
Immigration Sep. 22, 2011