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Name Category Published
U.S. v. Melchor-Meceno
Menacing conviction requiring knowing violent force or threat of force is categorical ‘crime of violence’ justifying sentence enhancement.
Criminal Law and Procedure Sep. 2, 2010
Butte Environmental Council v. United States Army Corps of Engineers
Biological report for construction proposal is not arbitrary or capricious where species’ critical habitat can be destroyed without appreciably diminishing habitat’s value.
Environmental Law Sep. 2, 2010
People v. Mendez
De facto life sentence without parole is cruel and unusual punishment for juvenile in absence of injury or death to any of juvenile’s victims.
Criminal Law and Procedure Sep. 2, 2010
Sprinkles v. Associated Indemnity Corp.
Insurer does not have duty to defend insured employee under commercial general liability policy for injury related to automobile accident.
Insurance Sep. 2, 2010
Smith v. Selma Community Hospital
Court must award attorney fees if other party litigated lawsuit in bad faith, which is determined with subjective standard regarding motive for litigating.
Attorneys Sep. 2, 2010
New West Charter Middle School v. Los Angeles Unified School District
Damage award involving school district’s breach of contract to provide facilities for charter school should include consideration for maintenance and operations costs.
Education Sep. 2, 2010
Zetino v. Holder
Petitioner’s due process rights are not violated where Board of Immigration Appeals determines brief was untimely.
Immigration Sep. 1, 2010
Oregon Natural Desert Association v. Bureau of Land Management
Bureau of Land Management violates National Environmental Policy Act where it improperly analyzes effects of plan on land's wilderness characteristics.
Environmental Law Sep. 1, 2010
Regal-Beloit Corp. v. Kawasaki Kisen Kaisha Ltd.
Order
Sep. 1, 2010
U.S. v. Armstrong
Defendant may not avoid sentence enhancement for selecting victim on basis of race even if co-defendant was first to select victim.
Criminal Law and Procedure Sep. 1, 2010
U.S. v. Wipf
District court is not permitted to impose sentence below mandatory statutory minimum through application of factors in 18 U.S.C. Section 3553(a).
Criminal Law and Procedure Sep. 1, 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. 1, 2010
A.M., a Minor
Welfare and Institution Code Section 300 determination requires preponderance of evidence as standard proof to support court’s finding on Section 300 petitions.
Juveniles Sep. 1, 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. 1, 2010
Pacific Palisades Bowl Mobile Estates LLC v. City of Los Angeles
City may require compliance with Mello Act and Coastal Act when conversion to resident ownership is sought for mobilehome park in coastal zone.
Real Property Sep. 1, 2010
Colony Cove Properties LLC v. City of Carson
City may not impose additional conditions not authorized by statute governing mobilehome park conversions.
Real Property Sep. 1, 2010
Great West Contractors Inc. v. Irvine Unified School District
Bidder for public works contract is entitled to hearing where determined to be nonresponsible by public entity.
Contracts Sep. 1, 2010
Brown v. Superior Court (People)
Double jeopardy motion is improperly denied where prosecution failed to show that counts for retrial pertained to conduct defendant was acquitted of.
Criminal Law and Procedure Sep. 1, 2010
People v. Bradford
Mall security guards are robbery victims by virtue of having ‘special relationship’ with storeowners and authority to protect store’s stolen property.
Criminal Law and Procedure Sep. 1, 2010
Estate of Ziegler
Caretaker's claim to decedent's estate is barred by one-year statute of limitations where claim arose from agreement to transfer decedent's home upon death.
Probate and Trusts Sep. 1, 2010
Force Framing Inc. v. Chinatrust Bank (U.S.A.)
Claimant serving preliminary stop notice on lender listed in preliminary information sheet may have good faith belief entity is actual construction lender.
Civil Procedure Sep. 1, 2010
Zetino v. Holder
Court lacks jurisdiction to review discretionary decision of BIA without sufficiently meaningful standard to determine abuse of discretion.
Immigration Aug. 31, 2010
In re Morgan
Due to shortage of available qualified attorneys, defendant sentenced to death has right to defer habeas corpus decision until attorney is appointed.
Criminal Law and Procedure Aug. 31, 2010
California State Foster Parent Association v. Wagner
Child Welfare Act grants foster parents receiving federal monetary entitlements enforceable right to sue under 42 U.S.C. Section 1983.
Civil Rights Aug. 31, 2010
In re Jimenez
State Supreme Court may grant stay of proceedings in cursory filing of petition for habeas relief due to critical shortage of qualified counsel.
Criminal Law and Procedure Aug. 31, 2010
Uhm v. Humana Inc.
Breach of contract claim based on health insurance provider’s failure to provide benefits is preempted by federal law.
Insurance Aug. 31, 2010
Village Northridge Homeowners Association v. State Farm Fire and Casualty Co.
Insured may not bypass rules governing rescission of release although it had signed release and waiver of all future claims against insurer.
Insurance Aug. 31, 2010
U.S. v. Kloehn
District judge cannot arbitrarily and unreasonably deny continuance request of defendant with valid family emergency without considering gravity of situation.
Criminal Law and Procedure Aug. 31, 2010
U.S. v. Kuo
Under 18 U.S.C. Section 241, restitution for victims of forced prostitution is not measured by amount defendants received for victims' sex acts.
Criminal Law and Procedure Aug. 31, 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 Aug. 31, 2010