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Name Category Published
U.S. v. Tinklenberg
Pretrial motion exclusion under Speedy Trial Act applies automatically when motion is filed, regardless of whether motion actually caused delay.
Criminal Law and Procedure May 27, 2011
Chamber of Commerce of the United States of America v. Whiting
Federal law does not preempt Arizona law, which requires suspension of business licenses of employers who knowingly employ unauthorized aliens.
Immigration May 27, 2011
Humphries v. County of Los Angeles;
Order
May 27, 2011
Pinnacle Armor Inc. v. United States
National Institute of Justice’s decision to revoke body armor manufacturer’s certification is not exempt from judicial review by law.
Administrative Agencies May 27, 2011
Salomaa v. Honda Long Term Disability Plan
ERISA plan abuses its discretion when denial of benefits was not reasonable given insured’s records proving he was disabled by chronic fatigue syndrome.
Insurance May 27, 2011
Sierra Forest Legacy v. Sherman
Agency complies with requirement to evaluate environmental impacts in disclosing and rebutting public critiques without disclosing identities of experts.
Environmental Law May 27, 2011
U.S. v. Ellis
Government’s recommendation to apply high-end of sentencing range does not constitute argument to increase offense level calculation in violation of plea agreement.
Criminal Law and Procedure May 27, 2011
Lewis v. United States of America
Employee fails to comply with Family Medical Leave Act requirements by failing to provide facts supporting her diagnosis for unpaid leave.
Employment Law May 27, 2011
In Re Complaint of Judicial Misconduct
Order
May 27, 2011
Hill v. Roll International Corp.
Plaintiff’s deceptive advertising claim is properly denied where no reasonable consumer would be misled to believe company’s symbol represented environmental superiority.
Business Law May 27, 2011
People v. Holmberg
Victim restitution order against defendant convicted of concealing stolen property is proper where defendant's conduct was substantial factor in depriving victims.
Criminal Law and Procedure May 27, 2011
DiCampli-Mintz v. County of Santa Clara
Notice of claim sent to department of defendant-entity, charged with managing entity’s claims, substantially complies with Government Claims Act requirements.
Government May 27, 2011
Daniel C., a Minor
Although expert testified that robbery was gang-related, true finding on gang enhancement is incorrect due to lack of intent to further gang activity.
Juveniles May 27, 2011
Jeff D. v. Otter
In applying contempt standard, imposition of burden of proof on plaintiffs is improper where defendants had burden of proving substantial compliance with consent decrees.
Civil Procedure May 26, 2011
In re Complaint of Judicial Misconduct
Order
May 26, 2011
California Association of Professional Scientists v. Dept. of Finance
Writ compelling Dept. of Finance to inform Legislature about needed appropriation is issued in error where Dept. had no duty to perform acts.
Government May 26, 2011
People v. Galvez
Gang sentencing enhancement is properly applied where expert testimony shows defendant’s attack of witness was committed for benefit of criminal street gang.
Criminal Law and Procedure May 26, 2011
People v. Eckard
Prior out-of-state indecent exposure conviction does not render defendant subject to felony sentencing under Penal Code section 314.
Criminal Law and Procedure May 26, 2011
Roberts v. Commissioner of the Social Security Administration
ALJ is not required to give social security disability claimant extra information on value of having attorney, or options for securing one.
Government May 25, 2011
Simonoff v. Expedia Inc.
Prohibition of printing credit card expiration dates under Fair and Accurate Credit Transactions Act does not apply to emailed receipts only displayed on computer.
Business Law May 25, 2011
Marriage of Howell
Court errs in applying amended statute retroactively to invalidate spousal support waiver, which party entered into voluntarily.
Family Law May 25, 2011
People v. Edwards
Prior drug conviction enhancement is status enhancement and may only be applied once for aggregated sentence, rather than imposed on each of defendant’s counts.
Criminal Law and Procedure May 25, 2011
Doan v. State Farm General Insurance Co.
Insured is not required to submit dispute to appraisal before seeking judicial determination of issues that are not within ambit of appraisal.
Insurance May 25, 2011
People v. Roberts
Prosecutor’s statement in underlying prior conviction to support sentencing enhancement is not admissible under adoptive admission exception to hearsay rule.
Criminal Law and Procedure May 25, 2011
Fair v. Bakhtiari
Attorney may not amend complaint to include quantum meruit action following finding that attorney improperly entered into business transaction with client.
Attorneys May 25, 2011
Blaich v. West Hollywood Rent Stabilization Dept.
Sending administrative record by overnight courier does not constitute 'mailing' for purposes of timeliness of filing of petition for writ of mandate.
Civil Procedure May 25, 2011
Mealy v. B-Mobile Inc.
Husband suffers compensable claim for loss of consortium despite testimony that his relationship with his wife was not hurt after her accident.
Torts May 25, 2011
International Association of Firefighters Local Union 230 v. City of San Jose
Union’s claim based on City’s failure to meet and confer regarding implementation of statute falls within Public Employment Relations Board’s exclusive jurisdiction.
Labor Law May 25, 2011
U.S. v. Eriksen
Trustee of 401(k) retirement plan commits embezzlement by failing to contribute to plan and using employee contributions for operating expenses.
Criminal Law and Procedure May 24, 2011
Brown v. Plata
Three-judge court properly orders reduction of prison population necessary to remedy violations of prisoners’ rights under Prison Litigation Reform Act.
Prisoners Rights May 24, 2011