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Name Category Published
People v. Lexington National Insurance Co.
Forfeiture of bond is proper where prosecutor is unable to extradite defendant from country without extradition treaty. 		Criminal Law and Procedure Nov. 8, 2010
U.S. v. Schafer
District court may not make factual findings if evidence of motion to dismiss is not entirely separable from issue of defendant’s guilt. 		Criminal Law and Procedure Nov. 8, 2010
Doe v. Kamehameha Schools
Order 		Nov. 8, 2010
Earth Island Institute v. Carlton
United States Forest Service only has duty to ensure distribution, not viability, of specie population under National Forest Management Act. 		Environmental Law Nov. 8, 2010
Delia v. City of Rialto
Private attorney retained by city does not enjoy governmental immunity and may be subject to Fourth Amendment if attorney acted as government agent. 		Constitutional Law Nov. 8, 2010
Precious D., a Minor
Juvenile court errs in asserting jurisdiction based on child’s incorrigible behaviors absent finding child suffered harm as result of parent’s inability to supervise. 		Juveniles Nov. 8, 2010
People v. Smith
Jury instruction on rape of intoxicated woman charge properly states victim was prevented from resisting where unable to exercise ‘reasonable judgment.’ 		Criminal Law and Procedure Nov. 8, 2010
In re Hare
Decision to deny parole is not arbitrary where supported by defendant’s inclination to hide truth and probative nature of his crime and motive. 		Criminal Law and Procedure Nov. 8, 2010
People v. Nordberg
Error in jury instruction for fleeing scene of vehicular manslaughter enhancement is harmless where evidence revealed defendant had requisite knowledge of possible injury. 		Criminal Law and Procedure Nov. 8, 2010
Glen Hill Farm LLC v. California Horse Racing Board
Trial court has discretion to vacate its initial judgment if it determines that judgment was incorrect or erroneous. 		Gaming Nov. 8, 2010
People v. Gabriel
Probation condition requiring defendant not to associate with ‘suspected’ gang members fails to provide adequate notice of expectations, and is unconstitutionally vague. 		Criminal Law and Procedure Nov. 7, 2010
People v. Seneca Insurance Co.
Bail bond is not exonerated where government has not completed extradition of defendant before end of bond exoneration period. 		Criminal Law and Procedure Nov. 7, 2010
Saavedra-Figueroa v. Holder
Misdemeanor false imprisonment conviction is not crime of moral turpitude subjecting defendant to removability where intent was not base, vile, or depraved. 		Immigration Nov. 7, 2010
America Cargo Transport Inc. v. United States
Suits in Admiralty Act provides sovereign immunity waiver against government only where private party would be liable under admiralty law for same conduct. 		Government Nov. 7, 2010
Hudson Insurance Co. v. Colony Insurance Co.
Insurer has duty to defend where complaint against insured potentially stated claim for slogan infringement, which insurer’s policy covered. 		Insurance Nov. 7, 2010
Ronald P. Slates APC v. Gorabi
Attorney fees are not recoverable in litigation involving priority of judgments over debtor’s limited assets where enforcement of judgment is not involved. 		Civil Procedure Nov. 7, 2010
E-Pass Technologies Inc. v. Moses & Singer LLP
State court has subject-matter jurisdiction over legal malpractice claim where damages are based on attorneys’ exercise of reasonable care, not patent law. 		Attorneys Nov. 7, 2010
Levine v. Blue Shield of California
Insurer does not have duty to disclose information concerning how insured should structure health coverage so as to lower monthly premiums. 		Insurance Nov. 7, 2010
Howe v. Seven Forty Two Co. Inc.
Plaintiff is entitled to rely on inference of negligence even if presumption established under res ipsa loquitur disappeared. 		Torts Nov. 7, 2010
C.A. v. William S. Hart Union High School District
School district is not liable for guidance counselor’s sexual misconduct with student where plaintiff failed to show how misconduct fell within counselor's employment. 		Torts Nov. 7, 2010
Citizens Business Bank v. Carrano
Biological child born out of wedlock is beneficiary where trust unambiguously defines ‘issue’ as unadopted lineal descendants. 		Probate and Trusts Nov. 7, 2010
People v. Johnson
Statements made in 911 call describing ongoing emergency are nontestimonial and do not violate defendant’s right to confront witnesses. 		Criminal Law and Procedure Nov. 7, 2010
People v. Hajjaj
Remoteness of open courtroom, which only became available late on last permissible day to commence defendant’s trial, does not constitute good cause for delay. 		Criminal Law and Procedure Nov. 4, 2010
U.S. v. Hantzis
Defendant’s waiver of his right to counsel is valid where he is informed of dangers in self-representation and actively participates in his defense. 		Criminal Law and Procedure Nov. 4, 2010
U.S. v. Wright
Defendant’s conviction for interstate transport of child pornography is error where, at time of defendant’s conviction, law required files actually cross state lines. 		Criminal Law and Procedure Nov. 4, 2010
Akiak Native Community v. U.S. EPA
EPA's approval of state's application to assume responsibility for administration of parts of National Pollutant Discharge Elimination System is proper. 		Environmental Law Nov. 4, 2010
People v. Miramontes
Trial court did not abuse its discretion in admitting testimony of prior uncharged lewd acts upon children to show defendant’s propensity. 		Criminal Law and Procedure Nov. 4, 2010
Kircher v. Kircher
Surviving spouse is liable to decedent spouse's former wife for support payments in amount not exceeding fair market value of property held in joint tenancy. 		Family Law Nov. 4, 2010
U.S. v. Lazarenko
Co-conspirator, who was partly victimized, is not entitled to restitution where he willingly participated in, and profited from, criminal enterprise. 		Criminal Law and Procedure Nov. 3, 2010
Ahanchian v. Xenon Pictures Inc.
Court improperly denies motion for extension to file opposition to summary judgment motion where request was reasonable and would not prejudice parties. 		Civil Procedure Nov. 3, 2010
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