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Name Category Published
U.S. v. Waters
Articles advocating violence should not be entered into evidence where probative value is insignificant against their prejudicial nature. 		Criminal Law and Procedure Sep. 16, 2010
Hapner v. Tidwell
Project violates National Forest Management Act by failing to comply with elk-cover requirement in Gallatin National Forest Plan. 		Environmental Law Sep. 16, 2010
Strong v. Sutter County Board of Supervisors
Government Code Section 31000.6 does not give court authority to assign independent counsel in ex parte hearing after finding existence of conflict of interest. 		Government Sep. 16, 2010
Estate of Austin
Person is not ‘care custodian’ under Probate Code by providing limited assistance services to decedent before he was placed in nursing home. 		Probate and Trusts Sep. 16, 2010
V.C. v. Superior Court, (Santa Clara County Dept. of Family and Children's Services)
Juvenile court may deny parent’s request to extend reunification services when there was substantive evidence that parent has not made progress in prior 18-months. 		Juveniles Sep. 16, 2010
Gabriel v. Wells Fargo Bank N.A.
Summary judgment is appropriate where plaintiff is unable to prove nonpayment of money held in savings account managed by plaintiff’s late husband. 		Banking Sep. 16, 2010
Mallard v. Progressive Choice Insurance Co.
Use of subpoenas to conduct discovery in contractual arbitration of uninsured motorist claim is act arising from protected activity for anti-SLAPP purposes. 		Insurance Sep. 16, 2010
Gebhart v. Gaughan (In re Gebhart)
Residence remains within bankruptcy estate although value of claimed exemption plus encumbrances on residence was equal to value at filing of petition. 		Bankruptcy Sep. 15, 2010
Dunn v. Castro
No due process violation exists where prison officials have reasonable basis for restricting inmate’s visitation privileges. 		Prisoners Rights Sep. 15, 2010
U.S. v. Pool
Government’s interest in definitively determining defendant’s identity outweighs defendant’s privacy interest in giving DNA sample as condition of pre-trial release. 		Criminal Law and Procedure Sep. 15, 2010
U.S. v. Comprehensive Drug Testing Inc.
Government may not claim plain view doctrine to retain drug test records of baseball players after conducting broad seizure of computer files. 		Criminal Law and Procedure Sep. 14, 2010
U.S. v. Terrell,
Order 		Sep. 14, 2010
Khatib v. County of Orange
Order 		Sep. 14, 2010
Chicago Title Insurance Co. v. AMZ Insurance Services Inc.
Court properly instructs jury that document constitutes insurance ‘binder’ as matter of law, obligating insurance company to provide coverage pending policy issuance. 		Insurance Sep. 13, 2010
People v. Laufasa
State court may condition probation and prohibit defendant from illegally entering country without overstepping immigration power vested solely in federal government. 		Criminal Law and Procedure Sep. 13, 2010
U.S. v. Bennett
Bank fraud convictions are improper where fraudulently obtained mortgages were loaned by subsidiary of bank insured by FDIC. 		Criminal Law and Procedure Sep. 13, 2010
In re Girardi
Order 		Sep. 13, 2010
Bowoto v. Chevron Corp.
Death on High Seas Act preempts all maritime law survival claims, including those brought under Alien Tort Statute. 		Maritime Law Sep. 13, 2010
Vernor v. Autodesk Inc.
Licensee cannot convey ownership of software to buyer, and buyer cannot in turn sell software, claiming protection under ‘first sale doctrine.’ 		Intellectual Property Sep. 13, 2010
U.S. v. Espinoza-Morales
State convictions for sexual battery and penetration with foreign object do not constitute ‘crimes of violence’ for sentencing purposes. 		Criminal Law and Procedure Sep. 13, 2010
In re Taplett
Criminal’s failure to accept full responsibility for murder is evidence supporting current level of dangerousness and supports reversal of grant of parole. 		Criminal Law and Procedure Sep. 13, 2010
Opinion of Brown
Coroner's office may lawfully provide Dept. of Justice with samples from deceased inmates and need not notify next of kin before doing so. 		Criminal Law and Procedure Sep. 13, 2010
Scott B., a Minor
Parent-child relationship exception to termination of parental rights applies where minor maintains close relationship with parent that if ended, would be detrimental. 		Juveniles Sep. 13, 2010
V.V., a Minor
‘Marsden’ hearing discharge of retained counsel is harmless error since court would have allowed substitution if counsel had been ready to proceed. 		Juveniles Sep. 10, 2010
Anderson v. City of Hermosa Beach
City’s total ban on operation of tattoo parlors is unconstitutional restriction of free speech under First Amendment. 		Constitutional Law Sep. 10, 2010
South Coast Air Quality Management District v. Federal Energy Regulatory Commission
Federal Energy Regulatory Commission's environmental impact statement properly addresses impact of emissions caused by eventual use of interstate pipeline’s natural gas. 		Environmental Law Sep. 10, 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 Sep. 10, 2010
Howard v. American National Fire Ins. Co.
Insurance company has duty to indemnify third-party’s claim against insured’s employee for molestation occurring during insurance policy period. 		Insurance Sep. 10, 2010
People v. Ireland
Forcible rape conviction is supported by sufficient evidence where defendant’s use of weapon negated victims’ previous consent to sexual intercourse. 		Criminal Law and Procedure Sep. 9, 2010
People v. Minor
Only minimal due process rights apply to probation extension proceedings because extension is only potential grievous loss to probationer’s liberty. 		Criminal Law and Procedure Sep. 9, 2010
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