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Name Category Published
Adams v. United States
Federal government properly invokes statute of limitations in Federal Tort Claims Act by sending denial letters that qualified as certified mail.
Torts Sep. 9, 2011
U.S. v. Santini
Evidence based on vague ‘rap sheet’ is inadmissible to support allegation that defendant had extensive prior law enforcement contacts.
Criminal Law and Procedure Sep. 9, 2011
P.C., a Minor
Juvenile court's adoption order is proper where clear and convincing evidence shows that child is likely to be adopted despite severe medical problems.
Juveniles Sep. 9, 2011
Gray v. Kelly
Application for stay of district court's briefing schedule until court acts on petition for writ of certiorari is denied because petitioner invoked inapplicable standard.
Criminal Law and Procedure Sep. 8, 2011
Sivak v. Hardison
Defendant’s due process rights are violated where state’s failure to correct informant’s false testimony prejudiced defendant at penalty phase.
Criminal Law and Procedure Sep. 8, 2011
Cervantes v. Countrywide Home Loans Inc.
Dismissal of wrongful foreclosure claim without leave to amend is proper because Arizona state law does not recognize such cause of action.
Civil Procedure Sep. 8, 2011
U.S. v. Rodgers
Probable cause to arrest passenger does not create automatic probable cause to search vehicle without facts indicating vehicle contains evidence of crime.
Criminal Law and Procedure Sep. 8, 2011
U.S. v. Cisneros-Resendiz
Failure to advise alien of right to withdraw application for admission is not fundamentally unfair where alien failed to establish factors directly relating to inadmissibility.
Immigration Sep. 7, 2011
Diaz v. Brewer
Preliminary injunction properly bars enforcement of Arizona law that would have prohibited state employees' same-sex partners from obtaining health care benefits.
Constitutional Law Sep. 7, 2011
Carrico v. City and County of San Francisco
Residential landlords lack standing to bar enforcement of amendment to rent-stabilization ordinance because they failed to allege intent to violate statute.
Constitutional Law Sep. 7, 2011
Ybarra v. McDaniel
Petitioner exhausts state claim regarding denial of change of venue motion where denial was reviewed on interlocutory appeal.
Criminal Law and Procedure Sep. 7, 2011
Conn v. City of Reno
Order
Sep. 7, 2011
Joyce v. Ford Motor Co.
New motor vehicle falls within Song-Beverly Consumer Warranty Act’s refund-or-replace provision despite 'gross vehicle weight rating' of 10,000 pounds.
Business Law Sep. 7, 2011
Feldman v. Illinois Union Insurance Co.
Insurer owes no duty to defend insured where amended complaint is deemed interrelated to original complaint and made before policy went into effect.
Insurance Sep. 7, 2011
West Chandler Boulevard Neighborhood Association v. City of Los Angeles
In reviewing conditional use permit and parking variance, city council abuses discretion by failing to base decision on zoning administrator’s findings.
Government Sep. 7, 2011
H.C., a Minor
Parent does not have due process right to appointed counsel in probationary guardianship proceeding.
Juveniles Sep. 6, 2011
Stinnett v. Tam
Statute capping amount of noneconomic damages in medical negligence actions against health care providers is constitutional as rationally related to state’s interest.
Constitutional Law Sep. 6, 2011
R.R. Street & Co. Inc. v. Transport Insurance Co.
Court may dismiss mirroring federal action where avoidance of piecemeal litigation and significant progress in state action weighed against exercising jurisdiction.
Civil Procedure Sep. 6, 2011
Samuels v. Holland American Line-USA Inc.
Cruise line does not have duty to warn passenger of dangers associated with swimming at beach where it does not have notice of risk-creating condition.
Maritime Law Sep. 6, 2011
Cuellar de Osorio v. Mayorkas
Child Status Protection Act’s priority date retention does not apply to aged-out derivative beneficiaries whose relatives filed petitions through family-sponsored immigration process.
Immigration Sep. 6, 2011
Payton v. Cullen
Habeas relief is unwarranted where there was no reasonable probability that defendant’s post-traumatic stress disorder defense carried weight.
Criminal Law and Procedure Sep. 6, 2011
Aurora S.A. v. Poizner
California Insurance Commissioner correctly declines to approve sale of insurance company because sale would not be in interest of policyholders.
Insurance Sep. 6, 2011
Kayne v. The Grande Holdings Limited
Court properly issues sanctions for disorganized document production where defendant failed to present evidence that documents were found as such.
Civil Procedure Sep. 6, 2011
PacifiCare of California v. Bright Medical Associates Inc.
Court has authority to determine whether settlement was made in good faith where plaintiff alleged that both entities were jointly responsible for damages.
Civil Procedure Sep. 6, 2011
Stillman v. Board of Retirement of the Fresno County Employees’ Retirement Association
Retirement association must determine compensation upon which retirement benefit is based from Government Code definition of ‘compensation,’ which excludes employer pickup.
Employment Law Sep. 2, 2011
Flagship Theatres of Palm Desert LLC v. Century Theatres Inc.
Plaintiff alleging antitrust injury must show loss from competitive-reducing aspect of defendant’s conduct, not that conduct actually rendered market less competitive.
Antitrust Sep. 2, 2011
People v. Buza
Seizure of DNA pursuant to statute, which required DNA samples from felony arrestees immediately following arrest, violates Fourth Amendment.
Criminal Law and Procedure Sep. 2, 2011
Martin v. PacifiCare of California
Health care service plan is not vicariously liable for acts or omissions of health care provider, which delivered care to plan's subscribers.
Insurance Sep. 2, 2011
People v. Tauch
Order
Sep. 2, 2011
People v. James
Order
Sep. 2, 2011