| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
10-35850
|
Close v. Thomas
Bureau of Prisons is not required to prioritize nonviolent offenders, who are eligible for residential drug abuse treatment programs, based on potential early release dates. |
Criminal Law and Procedure |
|
Aug. 4, 2011 | |
|
10-56316
|
Perfect 10 Inc. v. Google Inc.
In copyright infringement claim, showing of reasonable likelihood of success does not raise presumption of irreparable harm for purposes of preliminary injunctive relief. |
Intellectual Property |
|
Aug. 4, 2011 | |
|
E049411
|
Mansur v. Ford Motor Co.
Court properly precludes use of ‘consumer expectations test of design defect’ where accident involved complex evaluation of product’s safety. |
Torts |
|
Aug. 4, 2011 | |
|
10-60004
|
Palmdale Hills Property LLC v. Lehman Commercial Paper Inc. (In re Palmdale Hills Property LLC)
Debtor must seek equitable subordination of first debtor’s claims by first seeking relief from stay from first debtor’s home bankruptcy court. |
Bankruptcy |
|
Aug. 4, 2011 | |
|
B216742
|
Fairbanks v. Farmers New World Life Insurance Co.
Class certification is denied for purported fraudulent business practice claim where plaintiffs failed to show that insurer engaged in uniform misleading conduct. |
Business Law |
|
Aug. 3, 2011 | |
|
08-71719
|
Price v. Stevedoring Services of America, Inc.
Order |
|
Aug. 3, 2011 | ||
|
10-15284
|
Getz v. The Boeing Co.
Government contractor defense bars state-law claims against manufacturers of allegedly defective helicopter because equipment conformed to government- approved specifications. |
Government |
|
Aug. 3, 2011 | |
|
10-50206
|
U.S. v. Stanley
Co-owner of computer, who had access to all materials, has authority to consent to search of unprotected files found to contain child pornography. |
Criminal Law and Procedure |
|
Aug. 3, 2011 | |
|
09-35276
|
Lee v. Lampert
Credible claim of actual innocence constitutes equitable exception for filing otherwise untimely habeas petition under Antiterrorism and Effective Death Penalty Act. |
Criminal Law and Procedure |
|
Aug. 3, 2011 | |
|
09-55299
|
Alpha Delta Chi-Delta Chapter v. Reed
University's nondiscrimination policy, which prohibited organizations from restricting membership on specified bases, including religion, does not violate First Amendment. |
Constitutional Law |
|
Aug. 3, 2011 | |
|
09-17251
|
Noble v. Adams
Prison officials are entitled to qualified immunity where decision to prolong restriction on prisoners' outdoor exercise following major riot was not deliberately indifferent. |
Prisoners Rights |
|
Aug. 3, 2011 | |
|
B226457
|
People v. Cruz
Statute providing probation officer with sole discretion regarding use of monitoring device is unconstitutional because it deprives court of authority to supervise probation conditions. |
Criminal Law and Procedure |
|
Aug. 3, 2011 | |
|
B223653
|
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 |
|
Aug. 3, 2011 | |
|
09-30000
|
U.S. v. Ressam
Order |
|
Aug. 3, 2011 | ||
|
C066158
|
Dept. of Fish and Game v. Superior Court (Adams)
Trial court applies incorrect legal criteria and makes erroneous legal assumptions in determining whether common issues predominate for purposes of class certification. |
Civil Procedure |
|
Aug. 3, 2011 | |
|
S145337
|
Stark v. Superior Court (People)
Provisions criminalizing public officer’s acts and omissions involving public funds require that defendant knew or was criminally negligent in failing to know underlying duties. |
Criminal Law and Procedure |
|
Aug. 2, 2011 | |
|
10-15607
|
Hinds Investments L.P. v. Angioli
Liability for contributing to disposal of hazardous waste under Resource Conservation and Recovery Act requires active involvement or control over disposal. |
Environmental Law |
|
Aug. 2, 2011 | |
|
09-56679
|
Aguayo v. U.S. Bank
Post-repossession notices under California’s Rees-Levering Act are not ‘credit-related documents’ subject to National Bank Act preemption. |
Banking |
|
Aug. 2, 2011 | |
|
10-35175
|
Jachetta v. United States
Federal Torts Claims Act provides waiver of government’s sovereign immunity for plaintiff’s nuisance and breach of fiduciary duties claims under state tort law. |
Torts |
|
Aug. 2, 2011 | |
|
D059141
|
Levi H., a Minor
Voluntary declaration of paternity signed by one man trumps other man’s presumed father status. |
Juveniles |
|
Aug. 2, 2011 | |
|
F060737
|
City of Woodlake v. Tulare County Grand Jury
Supporting affidavit of good cause is not required when grand jury seeks records of public agency to which it has been given express statutory access. |
Civil Procedure |
|
Aug. 2, 2011 | |
|
A126240
|
Musaelian v. Adams
Under Code of Civil Procedure Section 128.7, attorney fees for costs in opposing motion for sanctions are not warranted where motion was unsuccessful, but not frivolous. |
Civil Procedure |
|
Aug. 1, 2011 | |
|
07-35115
|
Payne v. Peninsula School District
Exhaustion requirement under Individuals with Disabilities Education Act does not bar non-IDEA federal or state law claims. |
Education |
|
Aug. 1, 2011 | |
|
10-15783
|
Bissoon-Dath v. Sony Computer Entertainment America, Inc.
Order |
|
Aug. 1, 2011 | ||
|
B230514
|
Blumberg v. Superior Court (Los Angeles County Sheriff's Dept.)
Court may order discovery of peace officer records related to events that occurred after conviction where defendant obtained new trial via habeas relief. |
Civil Procedure |
|
Aug. 1, 2011 | |
|
07-70949
|
Young v. Holder
Order |
|
Aug. 1, 2011 | ||
|
A126344
|
Ogilvie v. WCAB
Employee’s rebuttal of application of rating schedule as percentage of permanent disability must be based on permissible data under Labor Code. |
Workers' Compensation |
|
Aug. 1, 2011 | |
|
A128605
|
Castillo v. Toll Bros. Inc.
Court erroneously grants subcontractor summary judgment where employee raised triable issue of fact with respect to sufficiency of contractor’s ability to pay wages. |
Employment Law |
|
Jul. 29, 2011 | |
|
10-1362
|
Edwards v. Wells Fargo Bank N.A. (In re Edwards)
Bankruptcy court properly grants motion for relief from automatic stay where debtor had no right of redemption in property following foreclosure sale. |
Bankruptcy |
|
Jul. 29, 2011 | |
|
11-1002
|
Nady v. DeFrantz (In re DeFrantz)
Chapter 13 debtor’s right to convert case to chapter 7 is absolute and bankruptcy court does not need to scrutinize creditor’s motion prior to conversion. |
Bankruptcy |
|
Jul. 29, 2011 |