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Name Category Published
Ajaxo Inc. v. E*Trade Financial Corp.
Unjust enrichment is not provable where jury finds defendant has not made profit from trade secret misappropriation.
Intellectual Property Aug. 31, 2010
HCM Healthcare Inc. v. California Insurance Guarantee Association
California Insurance Guarantee Association cannot cover claim of policyholder whose insurer became insolvent if claim is not ‘covered claim’ under Insurance Code Section 1063.1.
Insurance Aug. 31, 2010
Miranda v. Bomel Construction Co. Inc.
Plaintiff fails to prove that contractors proximately caused his infectious fungal disease by stockpiling excess dirt on vacant lot near his workplace.
Torts Aug. 31, 2010
R.R., a Minor
Parent’s medical records are properly admitted into evidence where parent tenders issue of drug use in dependency proceedings.
Juveniles Aug. 31, 2010
Critzer v. Enos
Court lacks authority to enforce settlement under Code of Civil Procedure Section 664.6 where all parties did not give personal consent to settle.
Civil Procedure Aug. 31, 2010
People v. Alvarado
Since there is no equal protection violation, man convicted of attempted lewd acts on child under 14 must register as sex offender.
Criminal Law and Procedure Aug. 31, 2010
U.S. EEOC v. UPS Supply Chain Solutions
Summary judgment in favor of employer is improper where employer failed to provide interpreter for deaf employee who had limited English skills.
Employment Law Aug. 30, 2010
City of Butte v. California Emergency Medical Services Authority Inc.
Emergency Medical Services Authority may reject grandfathering when changes that modify manner and scope of operation in existing exclusive operating areas exist.
Government Aug. 30, 2010
Ellerbee v. County of Los Angeles
County cannot be liable for negligence if statute does not impose mandatory duty to ‘promptly’ serve writ of execution.
Civil Procedure Aug. 30, 2010
Saller v. Crown Cork & Seal Co. Inc.
Jury should decide whether asbestos-containing products contain design defects based on consumer expectations test.
Torts Aug. 30, 2010
Barnett v. Superior Court (People)
Out-of-state law enforcement providing prosecution with information regarding defendant’s previous crimes are not part of ‘investigating agencies’ subject to post-conviction discovery.
Criminal Law and Procedure Aug. 27, 2010
Porter v. Ollison
Equitable tolling is available where attorney’s misconduct for running 'writ mill' caused delay in federal habeas petition filing.
Criminal Law and Procedure Aug. 27, 2010
Mark H. v. Hamamoto
Rehabilitation Act Section 504 supports claim for damages when defendant organization acted with deliberate indifference in providing autism-specific services.
Education Aug. 27, 2010
People v. Bailey
Crime of escape from prison requires showing that prisoner has gone beyond boundary of prison facility having custody of prisoner.
Criminal Law and Procedure Aug. 27, 2010
Tanen v. Southwest Airlines Co.
Federal Airline Deregulation Act preempts state law regarding expiration dates imposed on travel certificate offered by air carrier.
Business Law Aug. 27, 2010
Tyner v. Nicholson (In re Nicholson)
Bad faith objection against debtors’ claim of exemption should be determined by preponderance of evidence standard, not clear and convincing evidence standard.
Bankruptcy Aug. 26, 2010
California School Boards Association v. State Board of Education (Aspire Public Schools Inc.)
Board must make finding of statewide benefit that cannot be provided by operation under local school districts in approving charter school petition.
Education Aug. 26, 2010
Kamalyan v. Holder
Government fails to show that fundamental change in Armenia's treatment of Jehovah’s Witnesses dispelled asylum applicant’s well-founded fear of future persecution.
Immigration Aug. 26, 2010
U.S. v. Ali
Defendants are properly charged with mail and wire fraud where engaged in fraudulent scheme to resell limited discounted software to unauthorized buyers.
Criminal Law and Procedure Aug. 26, 2010
Northern California River Watch v. Wilcox
Statutory text ‘areas under Federal jurisdiction’ in Section 9 of Endangered Species Act does not cover privately-owned wetlands adjacent to navigable waters.
Environmental Law Aug. 26, 2010
Worldmark v. Wyndham Resort Development Corp.
Corporation is required to disclose email addresses pursuant to Corporations Code Section 8330 demand provided that email addresses are part of its records.
Corporations Aug. 26, 2010
People v. Nazeri
First-degree murder conviction is proper where jury reasonably infers defendant acted with premeditation and deliberation, despite defendant’s claim of self-defense.
Criminal Law and Procedure Aug. 26, 2010
Gonzalez v. Superior Court (Fireside Bank)
Court is bound by collateral estoppel constraints and may not disregard previous judgments against debtors on classwide basis under Unfair Competition Law.
Business Law Aug. 26, 2010
Giacometti v. Aulla LLC
Accountants hired to compile data and prepare tax forms have no legal duty to ascertain accuracy of income reported by their clients.
Torts Aug. 26, 2010
Worldmark v. Wyndham Resort Development Corp.
Corporation is required to disclose email addresses pursuant to Corporations Code Section 8330 demand provided that email addresses are part of its records.
Corporations Aug. 25, 2010
Daas v. Holder
Conviction for distributing chemicals with cause to believe they will be used to make methamphetamine constitutes aggravated felony.
Immigration Aug. 25, 2010
Millender v. County of Los Angeles
Officers are not entitled to qualified immunity when acting pursuant to facially invalid warrant which no reasonable officer would rely on.
Criminal Law and Procedure Aug. 25, 2010
Quinn v. Anvil Corp.
Stockholder loses standing when amendment to corporation’s articles of incorporation effected reverse stock split divesting him of his shares in stock.
Corporations Aug. 25, 2010
Price v. Stossel
Dismissal of defamation suit under anti-SLAPP statute is premature where court failed to compare quotation published with words speaker actually said.
Torts Aug. 25, 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 Aug. 25, 2010