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People v. McKinnon
Where statutory requirements for joinder are satisfied, defendant has burden of clearly establishing potential for prejudice sufficient to warrant separate trials.
Criminal Law and Procedure Aug. 23, 2011
Seabright Insurance Co. v. US Airways Inc.
Employee of independent contractor may not sue party that hired contractor on theory that hiring party failed to comply with workplace safety requirements.
Torts Aug. 23, 2011
Stearns v. Ticketmaster Corp.
Denial of class certification for Unfair Competition Law claim is improper because court held that claim required individualized proof of reliance and causation.
Business Law Aug. 23, 2011
U.S. v. Clements
Law requiring sex offenders to register whereabouts does not apply retroactively to defendant who committed sex offense prior to enactment of law.
Criminal Law and Procedure Aug. 23, 2011
Torres v. City of Madera
Summary judgment on excessive force claim is improper although jury might ultimately find that officer's mistake in using pistol, rather than taser, was reasonable.
Civil Rights Aug. 23, 2011
Rosenbaum v. Washoe County
Officer, who had no probable cause to arrest defendant, is not entitled to qualified immunity based on later-discovered statute that could apply to case.
Civil Rights Aug. 23, 2011
Flexible Lifeline Systems Inc. v. Precision Lift Inc.
In copyright infringement action, irreparable harm is not presumed upon showing of likelihood of success on merits for purposes of injunction.
Intellectual Property Aug. 23, 2011
U.S. v. Parker
Defendant cannot be charged for protesting on public road across military base where government failed to assert control over property in question.
Criminal Law and Procedure Aug. 23, 2011
Marriage of Ramirez
Court may not vacate family law attorney’s real property lien attached to community property where attorney is not joined in proceedings.
Family Law Aug. 23, 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 Aug. 23, 2011
People v. Stiehl
Prosecutor’s office timely files information by delivering it to court clerk for filing, although clerk failed to process document correctly.
Criminal Law and Procedure Aug. 23, 2011
Fleischer Studios Inc. v. A.V.E.L.A. Inc.
Although fractured ownership may make it impossible to prove secondary meaning in trademark infringement claim, such ownership is not conclusive evidence of lack of secondary meaning.
Intellectual Property Aug. 22, 2011
People v. Downey
Warrantless search of apartment does not violate Fourth Amendment because officers had objectively reasonable grounds to conclude probationer lived there.
Criminal Law and Procedure Aug. 22, 2011
Delgado v. Holder
For asylum purposes, BIA is permitted to determine whether alien's DUI convictions are particularly serious, making him ineligible for asylum.
Immigration Aug. 22, 2011
McCoy v. Chase Manhattan Bank USA
State law permits creditor to raise interest rates in event of default in its discretion, up to maximum rate permitted by cardmember agreement.
Banking Aug. 22, 2011
Ren v. Holder
Alien is not entitled to relief due to lack of corroborative evidence despite impermissible adverse credibility determination based on trivial inconsistencies and mischaracterizations.
Immigration Aug. 22, 2011
Johnson v. Lucent Technologies Inc.
Retaliation claim under Section 1981 of Civil Rights Act of 1866 is governed by four-year statute of limitations.
Civil Rights Aug. 22, 2011
U.S. v. Waters
In determining sentencing range under reduction in term of imprisonment due to amended guideline range, court may apply offense level dictated by career offender guideline.
Criminal Law and Procedure Aug. 22, 2011
M.H. v. United States
Records sought through subpoena that fell within Required Records Doctrine do not implicate bank customer’s privilege against self-incrimination.
Civil Procedure Aug. 22, 2011
Rickley v. County of Los Angeles
Successful civil rights plaintiff may recover reasonable attorney fee award for legal services performed by attorney-spouse.
Civil Rights Aug. 22, 2011
Jones v. GN Netcom Inc.
Disproportionate attorney fee award in settlement of products liability class action is improper due to lack of clear explanation as to why fee was justified.
Civil Procedure Aug. 22, 2011
C.F. v. Capistrano Unified School District
Public school teacher is entitled to qualified immunity from suit alleging violations of Establishment Clause based on statements made during history class.
Civil Rights Aug. 22, 2011
People v. Lopez
Admission of evidence of prior uncharged acts of misconduct is error as to first degree burglary charge because probative value did not outweigh prejudice.
Criminal Law and Procedure Aug. 22, 2011
Pacific Caisson & Shoring Inc. v. Bernards Bros. Inc.
Subcontractor’s general engineering contractor’s license is valid under subcontract requiring lesser, specialty license allowing same work.
Contracts Aug. 22, 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 Aug. 22, 2011
Yakima Valley Memorial Hospital v. Washington State Dept. of Health
Repealed act does not provide congressional authorization for state certificate of need regulations for purposes of providing defense to dormant Commerce Clause claim.
Constitutional Law Aug. 22, 2011
Center for Environmental Law and Policy v. United States Bureau of Reclamation
State agency's environmental assessment for proposed incremental drawdown of water is proper although part of cumulative effects analysis was perfunctory.
Environmental Law Aug. 22, 2011
People v. Castaneda
Kidnapping conviction is reversed where erroneous instruction as to asportation element in kidnapping charge prejudiced defendant.
Criminal Law and Procedure Aug. 19, 2011
Howell v. Hamilton Meats & Provisions Inc.
Collateral-source rule does not preclude write-offs from medical care providers because plaintiff never incurred liability for original amount of medical bills.
Torts Aug. 19, 2011
People v. Milward
Defendant's conviction for aggravated assault is necessarily included within offense of aggravated assault by life prisoner and thus, must be reversed.
Criminal Law and Procedure Aug. 19, 2011