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Name Category Published
People v. Voravongsa
Order
Sep. 2, 2011
Steiner v. Superior Court (Volkswagen Group of America)
Order
Sep. 2, 2011
Nalwa v. Cedar Fair
Order
Sep. 2, 2011
Phifer v. Icelandair
Plaintiff does not have to prove that airline violated Federal Aviation Administration standards to establish 'accident' under Article 17 of Montreal Convention.
Torts Sep. 2, 2011
Li v. Holder
Immigration judge properly exercises discretion in denying asylum to alien who entered country in egregious manner that carried high risk of death.
Immigration Sep. 2, 2011
Jackson v. Ryan
Jury instruction adding different language to element of felony murder relieves prosecution of burden to prove every element, violating defendant’s due process rights.
Criminal Law and Procedure Sep. 2, 2011
U.S. v. Lafley
Government has compelling interest in denying convicted drug felon exemption under Religious Freedom Restoration Act to use marijuana during supervised release.
Criminal Law and Procedure Sep. 2, 2011
Hrdlicka v. Reniff
Order
Sep. 2, 2011
U.S. v. Hunt
Court errs in imposing heightened sentence for defendant based on specific drug type, even though defendant never admitted to possessing particular drug.
Criminal Law and Procedure Sep. 2, 2011
Alvarez v. Chevron Corp.
Class action alleging that design of retail gasoline dispensers is flawed due to residual fuel occurrence fails because California’s regulatory scheme precludes liability.
Business Law Sep. 2, 2011
Edna Valley Watch v. County of San Luis Obispo
Prevailing party is entitled to fees incurred in administrative proceedings that were useful and necessary to public interest litigation.
Civil Procedure Sep. 2, 2011
People v. Parodi
Conviction for bringing controlled substance into correctional facility is not ‘nonviolent drug possession offense’ under Substance Abuse and Crime Prevention Act.
Criminal Law and Procedure Sep. 1, 2011
Hernandez-Cruz v. Holder
Order
Sep. 1, 2011
Lockett v. Ericson
Plaintiff's civil rights claim alleging unconstitutional conviction is not barred where conviction was derived from plea, and not dependent on legality of search.
Civil Rights Sep. 1, 2011
In re Forchion
Individual may not statutorily change his name to name of his Web site because confusion might result if use of site is lost.
Civil Procedure Sep. 1, 2011
Roy v. Superior Court (Medical Board of California)
Physician is subject to disciplinary action based on 'sexual relations' with patient, even if physician was mere recipient of sexually intimate contact.
Administrative Agencies Sep. 1, 2011
Duick v. Toyota Motor Sales U.S.A. Inc.
Contract drafted so as to conceal true nature of conduct, which unwitting participant was subjected to, is void due to fraud in inception.
Contracts Sep. 1, 2011
People v. Muniz
Court’s definition of instruction term regarding reasonable doubt is proper where there is no reasonable likelihood jurors applied instruction in unconstitutional manner.
Criminal Law and Procedure Sep. 1, 2011
Strong v. Superior Court (People)
Prosecution of defendants for murder based on amended statute violates ex post facto principles where victim died 29 years after assault.
Criminal Law and Procedure Aug. 31, 2011
Salas v. California Dept. of Transportation
Public entity establishes that no dangerous condition of public property exists by proving that physical characteristics did not expose users to increased danger.
Torts Aug. 31, 2011
Lyon v. Chase Bank USA N.A.
Credit-card holder states valid claim under Oregon's Unlawful Debt Collection Practices Act when bank had reason to know that it violated Fair Credit Billing Act.
Banking Aug. 31, 2011
U.S. v. Crowder
Proof that defendant knew of facts that constitute offense is sufficient for conviction for failure to register as sex offender under Sex Offender Registration and Notification Act.
Criminal Law and Procedure Aug. 31, 2011
Charter Communications Properties v. County of San Luis Obispo
Reasonably anticipated terms of possession may be used in valuing franchises where mutual understanding exists that terms of possession were longer than stated terms.
Taxation Aug. 31, 2011
Fremont Reorganizing Corp. v. Faigin
Litigation privilege does not apply in action by former client against attorney for breach of professional duties.
Civil Procedure Aug. 31, 2011
Hacienda Ranch Homes Inc. v. Superior Court (Elissagaray)
Cotenants fail to establish ouster, as required for adverse possession claim against other cotenant, because they never performed acts of adverse character.
Real Property Aug. 31, 2011
People v. Torres
Sentence enhancement imposed on defendant is improper where based on offense that was not submitted to jury for conviction.
Criminal Law and Procedure Aug. 31, 2011
People v. Lopez
Defendant’s act of luring victim into secluded alley reflects utter indifference to victim’s life, which supports special circumstance for robbery-murder.
Criminal Law and Procedure Aug. 31, 2011
Jones v. ConocoPhillips
Product liability claim based on toxic material exposure need not identify specific toxin, only specific product, at pleading stage of proceedings.
Torts Aug. 31, 2011
Brown v. Chiang
State Controller has ministerial duty to implement Governor's mandatory unpaid furlough, which applies to employees of elected constitutional officers as well.
Government Aug. 31, 2011
Opinion of Harris
Majority of city council members may not attend private tour of water district facilities, which provide services to city, to acquire information regarding services.
Government Aug. 30, 2011