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Name Category Published
U.S. v. Washington
Motion is disguised successive motion under 28 U.S.C. Section 2255 where it alleged claims, rather than defect, in integrity of federal habeas proceedings.
Criminal Law and Procedure Aug. 9, 2011
CollegeSource Inc. v. AcademyOne Inc.
Non-resident corporation, which maintained college course catalogs on websites, is subject to specific personal jurisdiction based on misappropriation of catalogs from competing website.
Civil Procedure Aug. 9, 2011
Mavrix Photo Inc. v. Brand Technologies Inc.
Non-resident defendant is subject to specific personal jurisdiction where website’s intentional reposting of allegedly infringing photos was aimed at forum state.
Civil Procedure Aug. 9, 2011
Sacks v. SEC
SEC errs in adopting rule that retroactively prohibits individuals who have been banned from securities industry from representing parties in securities-related arbitration.
Securities Aug. 9, 2011
U.S. v. Juvenile Male
Order
Aug. 9, 2011
People ex rel. Harris v. Black Hawk Tobacco Inc.
Court properly issues preliminary injunction enjoining sales of cigarettes to non-Indians on trust lands held by federally-recognized tribe.
Native American Affairs Aug. 9, 2011
Powell v. County of Orange
Motion asking trial court to decide same matter previously ruled on constitutes motion for reconsideration, which is not appealable following order of denial.
Civil Procedure Aug. 9, 2011
Rappaport v. Gelfand
Individual partner in limited liability partnership is not personally liable for dissociating partner’s buyout absent prior agreement to be held liable.
Attorneys Aug. 9, 2011
Service Employees International Union Local 1000 v. Brown
Furlough program implemented by Budget Act is applicable only to agencies with ‘item of appropriation’ under Act.
Government Aug. 8, 2011
People v. Green
Aggregation of losses to support sentence enhancement for loss exceeding $50,000 is improper where losses were sustained from two distinct schemes of embezzlement.
Criminal Law and Procedure Aug. 8, 2011
U.S. v. Stinson
Venue is proper in district where defendant committed essential conduct of committing violent crime, even where physical element of crime occurred elsewhere.
Criminal Law and Procedure Aug. 8, 2011
Ginsberg v. Northwest Inc.
Airline Deregulation Act does not preempt contract claim based on doctrine of good faith and fair dealing.
Contracts Aug. 8, 2011
K2 America Corp. v. Roland Oil & Gas LLC
Federal jurisdiction does not exist over lawsuit alleging only state law claims, despite dispute involving lands held by government in trust for Indian allottees.
Civil Procedure Aug. 8, 2011
Arcadia Development Co. v. City of Morgan Hill
City ordinance restricting development on one undeveloped parcel in agricultural area for 10 years does not violate equal protection.
Real Property Aug. 8, 2011
Paton v. Advanced Micro Devices Inc.
Summary judgment is improper where evidence does not conclusively show employer’s sabbatical program did not qualify as vacation under Labor Code.
Employment Law Aug. 8, 2011
S.H., a Minor
Juvenile court may not refuse to revisit issue of whether mother should receive reunification services following termination of minor's prior guardianship.
Juveniles Aug. 8, 2011
U.S. v. Bingham
Convictions for murders as violent crimes in aid of racketeering are sufficiently supported by evidence that defendant gave order to go to war with prison gang.
Criminal Law and Procedure Aug. 5, 2011
U.S. v. Espinoza-Baza
Court may exclude defendant’s proferred evidence regarding grandfather’s alienage to prove his own alienage due to limited probative value and potential for confusion.
Criminal Law and Procedure Aug. 5, 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. 5, 2011
Estate of Petter v. Commissioner of Internal Revenue
Taxpayer is entitled to charitable deduction for additional units of LLC, which foundations were to receive, because transfer was not dependent on condition precedent.
Taxation Aug. 5, 2011
Ames v. PUC (Southern California Edison Co.)
PUC is not required to approve individual demand reduction proposal simply due to cost effectiveness where utilities’ overall demand reduction programs favor other proposals.
Administrative Agencies Aug. 5, 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 Aug. 5, 2011
Cross v. Cooper
Court errs in denying defendant’s anti-SLAPP motion in light of prima facie showing that disclosure of sex offender’s location is protected speech affecting public.
Civil Procedure Aug. 5, 2011
Hartt v. County of Los Angeles
County is immune from dangerous condition claim where claim was based on accident that occurred on recreational park trail.
Torts Aug. 5, 2011
Giorgianni v. Crowley
Under Mandatory Fee Arbitration Act, attorney properly rejects arbitration award by filing request in small claims court for unpaid fees.
Civil Procedure Aug. 5, 2011
Al-Kidd v. Ashcroft,
Order
Aug. 4, 2011
U.S. v. Houston
Government does not violate disclosure duty where recollection of informant's interviewer is substantially similar to evidence of interview notes used by defense.
Criminal Law and Procedure Aug. 4, 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 Aug. 4, 2011
Leonardo v. Crawford
Petitioner alleging prolonged immigration detention must exhaust administrative remedies by appealing to BIA following ‘Casas’ hearing, before seeking habeas review.
Immigration Aug. 4, 2011
Walls v. Central Contra Costa Transit Authority
Employer denies public employee due process where employee did not receive pre-termination hearing, and post-termination procedures were inadequate.
Employment Law Aug. 4, 2011