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Name Category Published
Rossum v. Patrick
Intervening Supreme Court decision in 'Harrington v. Richter,' which controls issue on rehearing, prompts court to affirm initial denial of defendant’s habeas petition. 		Criminal Law and Procedure Sep. 14, 2011
U.S. v. Alvarez-Moreno
District court may not order new trial for defendant, who never properly waived his right to jury trial, in absence of motion for new trial by defendant. 		Criminal Law and Procedure Sep. 14, 2011
Potrero Hills Landfill Inc. v. County of Solano
Court may not abstain from its duty to adjudicate federal claim where private mandamus action did not interfere with basic state function. 		Civil Procedure Sep. 14, 2011
E.T. v. Cantil-Sakauye
Federal court properly abstains from adjudicating foster childrens' claim regarding adequacy of attorney representation in dependency proceedings. 		Civil Procedure Sep. 14, 2011
Moore v. Maricopa County Sheriff’s Office
Prisoner’s claims, which were dismissed for lack of subject-matter jurisdiction, do not qualify as ‘strikes’ prohibiting prisoner from obtaining in forma pauperis status. 		Prisoners Rights Sep. 14, 2011
Johnson v. Poway Unified School District
School district does not violate teacher’s First Amendment rights when ordering him to refrain from religious speech during math class. 		Constitutional Law Sep. 14, 2011
Local Joint Executive Board of Las Vegas v. NLRB
Employers violate National Labor Relations Act by unilaterally ceasing to submit dues deducted from workers' wages to union, before bargaining to impasse. 		Labor Law Sep. 14, 2011
Madera Oversight Coalition Inc. v. City of Madera (Tesoro Viejo Inc.)
Environmental impact report that fails to discuss crucial information related to uncertainty of water supply for project is inadequate under California Environmental Quality Act. 		Environmental Law Sep. 14, 2011
Maria D., a Minor
Incitement of riot statute does not constitute special statute applicable to conduct amounting to attempted lynching offense. 		Juveniles Sep. 14, 2011
People v. Burns
Court errs in instructing jury in second trial that defendant committed aggravated trespassing, thus invoking collateral estoppel against defendant. 		Criminal Law and Procedure Sep. 14, 2011
Calvo v. HSBC Bank USA N.A.
Requirement that assignment of beneficial interest in debt secured by real property must be recorded for assignee to exercise power of sale does not apply to deed of trust. 		Real Property Sep. 14, 2011
Motheral v. WCAB
Value of employee’s living quarters, utilities, and car allowance should be considered in calculation of average weekly earnings and resulting disability payment. 		Workers' Compensation Sep. 14, 2011
Templo Calvario Spanish Assembly of God v. Gardner Construction Corp.
Contract entered into by unlicensed contractor is not automatically illegal and void, and therefore, arbitrator may arbitrate dispute. 		Contracts Sep. 14, 2011
Karuk Tribe of California v. United States Forest Service
Order 		Sep. 13, 2011
Louis Vuitton Malletier S.A. v. Akanoc Solutions Inc.
In action for copyright infringement, court errs in providing jury instruction to specify amount of statutory damages as to each defendant, rather than number of protected works. 		Intellectual Property Sep. 13, 2011
Rosas-Castaneda v. Holder
Denial of petition for cancellation of removal is erroneous since record of conviction was inconclusive as to whether conviction was for aggravated felony. 		Immigration Sep. 13, 2011
Fiore v. Walden
Court has personal jurisdiction over DEA agent whose acts regarding falsified affidavit and delay in returning seized cash were expressly aimed at forum state. 		Civil Procedure Sep. 13, 2011
Chevron U.S.A. Inc. v. M&M Petroleum Services Inc.
Franchisor may recover attorney fees against franchisee where franchisee brought frivolous counterclaim against franchisor under Petroleum Marketing Practices Act. 		Civil Procedure Sep. 13, 2011
Robinson v. Countrywide Home Loans Inc.
No cause of action exists for preemptive suit challenging entity's standing to initiate foreclosure. 		Real Property Sep. 13, 2011
Apple Inc. v Franchise Tax Board
Last-in-first-out proration of repatriated dividends deters abuse and double taxation by preventing company from declaring what year’s earnings are being distributed. 		Taxation Sep. 13, 2011
In re Cabrera
Inmate’s possession of drawings signed by gang affiliate does not show direct link between two to support inmate’s validation as gang member. 		Criminal Law and Procedure Sep. 12, 2011
Santiago-Rodriguez v. Holder
Attorney’s admission of allegations on behalf of alien in removal proceedings is egregious circumstance where admission is not probative of truth of allegation. 		Immigration Sep. 12, 2011
U.S. v. McCarty
Airport search of defendant’s luggage, which was conducted during course of limited administrative search, is not unlawful. 		Criminal Law and Procedure Sep. 12, 2011
Solis v. State of Washington Dept. of Social and Health Services
Social workers do not come within 'learned professional' exemption from overtime pay where position required degree or coursework in one of several academic disciplines. 		Employment Law Sep. 12, 2011
Ross v. California Coastal Commission (Malibu Bay Co.)
Five-foot buffer for dune environmentally sensitive habitat area adjacent to beachfront development does not conflict with city’s development standards. 		Environmental Law Sep. 12, 2011
Marriage of Margulis
Upon showing of value of community assets by nonmanaging spouse, burden shifts to managing spouse to prove proper disposition or lesser value of assets. 		Family Law Sep. 12, 2011
El-Attar v. Hollywood Presbyterian Medical Center
Elected committee must appoint hearing panel and may not delegate this task to governing board in absence of contrary bylaw provision. 		Civil Procedure Sep. 9, 2011
People v. Julian
Defendant’s manslaughter conviction may be enhanced based on grievous injuries to other victims, but not victim’s own injuries. 		Criminal Law and Procedure Sep. 9, 2011
Singh v. Holder
Delay in filing of asylum application is reasonable where filing occurred within six months of lawful nonimmigrant status expiration, and in light of government’s delay. 		Immigration Sep. 9, 2011
Michael P. v. Dept. of Education, State of Hawaii
State regulations requiring exclusive reliance on ‘severe discrepancy model’ to determine eligibility for special education services violate Individuals with Disabilities Education Act. 		Education Sep. 9, 2011
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