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Name Category Published
Favila v. Katten Muchin Rosenman LLP
Estate of dissolved corporation's founder and shareholder has standing to file derivative suit on corporation’s behalf.
Corporations Sep. 23, 2010
The Wilderness Society Inc. v. Rey
Plaintiffs lack standing to challenge U.S. Forest Service regulations revising notice and comment procedures for decisions related to land management plans.
Environmental Law Sep. 23, 2010
Chubb Insurance Co. of Europe S.A., v. Menlo Worldwider ForwardingInc.
Order
Sep. 23, 2010
Antoninetti v. Chipotle Mexican Grill Inc.
Chipotle Mexican Grill restaurant violates Americans with Disabilities Act because wall concealed food preparation counters from wheelchair-bound customers.
Civil Rights Sep. 23, 2010
Berry v. Astrue
Considerations regarding disability insurance claimant’s ability to pass mandatory drug test to obtain past relevant work must be evaluated in determining disability status.
Insurance Sep. 23, 2010
Alliance for the Wild Rockies v. Cottrell
Although plaintiffs must also satisfy other factors, 'serious questions' test for determining whether to issue preliminary injunctions remains viable.
Civil Procedure Sep. 23, 2010
Towery v. Schriro
Harmless prosecutorial misconduct on inconsistent use of witness testimony does not warrant reversal of defendant’s conviction since error was objectively reasonable.
Criminal Law and Procedure Sep. 23, 2010
County of Los Angeles v. Sahag-Mesrob Armenian Christian School
Religious school operating without a permit in property zoned for single-family residence cannot claim injunction substantially burdens exercise of religion.
Real Property Sep. 23, 2010
City of Los Angeles v. Tesoro Refining and Marketing Co.
Refinery within city may buy power from private company because city does not have right to sell all power consumed within borders.
Government Sep. 23, 2010
Flores v. Enterprise Rent-A-Car Co.
Car rental company does not have duty to perform electronic driver’s license check to determine renter’s previous convictions for driving under influence.
Torts Sep. 23, 2010
Uzyel v. Kadisha
Court errs by concluding trustee had no reasonable cause to defend litigation and awarding attorney fees under Probate Code Section 17211(b).
Probate and Trusts Sep. 23, 2010
Schram Construction Inc. v. The Regents of the University of California (Southland Industries)
University’s failure to disclose criterion used in selection of subcontract bids violates Public Contract Code, allowing university to unfairly manipulate bid selection.
Government Sep. 23, 2010
People v. Sanders
Subordinate term for consecutive offense must consist of one-third of middle term of imprisonment imposed for other felony conviction where consecutive term was imposed.
Criminal Law and Procedure Sep. 23, 2010
Clovis Unified School District v. Chiang
Agency may not use administrative regulation to evaluate school district’s reimbursement claims without following proper procedures for regulation implementation.
Administrative Agencies Sep. 22, 2010
People v. Rodriguez
Criminal street gang offense under Penal Code Section 186.22(a) does not apply to attempted robbery by gang member acting alone.
Criminal Law and Procedure Sep. 22, 2010
Phoenix Memorial Hospital v. Sebelius
Medicaid reimbursement calculation excludes patients who are ineligible for Medicaid even if they qualify for medical assistance under state program.
Insurance Sep. 22, 2010
People v. Torres
Defendant convicted based on unlawful inventory search is entitled to separate review of denials of motions to set aside and to suppress.
Criminal Law and Procedure Sep. 22, 2010
People v. Pacheco
Court may not impose fines for attorney, probation, or booking fees without determining defendant’s ability to pay such fines.
Criminal Law and Procedure Sep. 22, 2010
Doe v. Lincoln Unified School District
Plaintiff has standing to pursue action against school district under fictitious name in order to protect her privacy.
Civil Procedure Sep. 22, 2010
People v. Sokolsky
Court has discretion to refuse to allow defendant to represent himself in commitment proceedings under Sexually Violent Predator’s Act.
Criminal Law and Procedure Sep. 22, 2010
Cotchett, Pitre & McCarthy v. Universal Paragon Corp.
Attorney fee awarded by arbitrator based on percentage of property value stipulated by agreement between parties is not unconscionable.
Attorneys Sep. 22, 2010
Singh v. Holder
Order
Sep. 21, 2010
Souliotes v. Evans
Statute of limitations for actual innocence claim does not require defendant to use maximum diligence, just ‘reasonable’ diligence to discover new evidence.
Criminal Law and Procedure Sep. 21, 2010
U.S. v. Edwards
Order
Sep. 21, 2010
Shroyer v. New Cingular Wireless Services Inc.
Court errs in dismissing breach of contract claim alleging that cellular phone service degraded following merger in violation of service provider's contract.
Contracts Sep. 21, 2010
U.S. v. Begay
SORNA requires sex offenders to keep their registration current even if change of address is to different Arizona address within Navajo Nation.
Criminal Law and Procedure Sep. 21, 2010
U.S. v. Morsette
Court is not required to give instruction on self-defense, which explains that need for self-defense is most acute in person's home.
Criminal Law and Procedure Sep. 21, 2010
Powell’s Books Inc. v. Kroger
Statutes criminalizing ‘sexually explicit material’ distribution to minors are unconstitutionally overbroad by including significant amount of material not obscene to minors.
Constitutional Law Sep. 21, 2010
T.G., a Minor
Although father may appeal finding at six-month review that reasonable reunification services were provided, court holds that such services were sufficient.
Juveniles Sep. 21, 2010
Anthony v. Superior Court (People)
Offense-based prescription of life imprisonment for attempted murder offense punishable by life imprisonment ‘may be brought at any time’ under Penal Code Section 799.
Criminal Law and Procedure Sep. 21, 2010