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Scottsdale Insurance Co. v. State Farm Mutual Automobile Insurance Co.
Policy's exclusion for bodily injury did not bar coverage for insured's employee's injury under policy.
Insurance Oct. 10, 2005
U.S. v. Thomas
Defense counsel's concession of defendant's guilt on robbery charge was not presumptively prejudicial.
Criminal Law and Procedure Oct. 10, 2005
Circuit City Stores Inc. v. Mantor
Recent caselaw does not allow employer to bring 'renewed' petition to compel arbitration.
Civil Procedure Oct. 10, 2005
Wasatch Property Management v. Degrate
Landlord seeking to terminate lease of low-income tenant with Section 8 benefits must provide 90 days' notice.
Real Property Oct. 10, 2005
U.S. v. Rivera-Sillas
Illegal alien is not entitled to counsel at deportation hearing.
Immigration Oct. 10, 2005
Martinez-Perez v. Gonzales
Grand theft conviction that involved taking of personal property and no co-defendants qualifies as aggravated felony.
Immigration Oct. 10, 2005
Gaston v. Palmer
Deadline for federal habeas petition is tolled during interval between dismissal of one state habeas petition and filing of another.
Criminal Law and Procedure Oct. 10, 2005
Zolotukhin v. Gonzales
Court's refusal to permit testimony of relevant witnesses at removal proceeding violated alien's due process rights.
Immigration Oct. 10, 2005
U.S. v. Dupas
Supreme Court holding making Sentencing Guidelines advisory may be applied retroactively.
Criminal Law and Procedure Oct. 10, 2005
U.S. v. Brown
Defendant's enhanced sentence on account of prior convictions did not violate his right to jury trial.
Criminal Law and Procedure Oct. 10, 2005
U.S. v. Dowd
Court may impose consecutive sentence after evaluating factors outlined in federal sentencing guidelines.
Criminal Law and Procedure Oct. 10, 2005
San Carlos Apache Tribe v. United States
Sovereign immunity prevents Native American tribe from suing federal government for violating environmental laws.
Government Oct. 10, 2005
Leegin Creative Leather Products Inc. v. Carolina Santiaguin Diaz
Employer cannot establish justifiable reliance or damage in its claim that employee filed fraudulent workers' compensation claim.
Workers' Compensation Oct. 10, 2005
Alcove Investment Inc. v. Conceicao (In re Conceicao)
Creditor's first judgment was inadequate to create lien when debtors' social security numbers were omitted from abstract.
Bankruptcy Oct. 10, 2005
Wise v. Pacific Gas and Electric Co.
Close of investigation by utility commission did not bar customers from suing public utility.
Administrative Agencies Oct. 10, 2005
People v. Alexander
Order
Oct. 10, 2005
People v. Apodaca
Order
Oct. 10, 2005
Jackson v. CA Dept. of Mental Health
Petitioner who recommitted himself as sexually violent predator does not have standing to challenge prior commitment.
Civil Procedure Oct. 9, 2005
Bustamonte v. Flores
Judgment obtained by son for wrongful death of mother is not subject to Medi-Cal lien.
Torts Oct. 5, 2005
U.S. v. Tarallo
Telemarketer's conviction for securities fraud based on vicarious liability theory is not supported by sufficient evidence.
Securities Oct. 5, 2005
Unuakhaulu v. Ashcroft
District court has jurisdiction to review immigration board's nondiscretionary denial of relief under Convention Against Torture.
Immigration Oct. 5, 2005
Megrabian v. Saenz
California Department of Social Services can interpret statutory phrase differently than interpretation given by non-analogous federal regulation.
Government Oct. 5, 2005
Brierton v. Department of Motor Vehicles
Circumstances of defendant's driving provided reasonable suspicion for traffic stop and suspension of license.
Criminal Law and Procedure Oct. 5, 2005
Hodge v. Kirkpatrick Development Inc.
Insurer had right to intervene in insured's construction defect lawsuit against third party.
Insurance Oct. 5, 2005
Fields v. Legacy Health Systems
District courts' choice of Oregon law in wrongful death actions was proper.
Civil Procedure Oct. 5, 2005
Bradley v. Henry
In camera conference to consider replacement of counsel conducted without defendant violates due process.
Criminal Law and Procedure Oct. 5, 2005
McBride v. Board of Accountancy of the State of California
California Board of Accountancy may discipline members of firm that audited Orange County.
Administrative Agencies Oct. 5, 2005
Katie V. v. Superior Court (San Diego County Health and Human Services Agency)
Termination of parent's reunification services at 18-month review hearing need only be supported by preponderance of evidence.
Family Law Oct. 5, 2005
Botello v. Gammick
Prosecutors who allegedly retaliated against investigator for whistleblowing are not entitled to absolute immunity.
Employment Law Oct. 5, 2005
Foosadas v. Superior Court (People)
Court cannot institute rule that defendant must object to temporary judge prior to first hearing.
Criminal Law and Procedure Oct. 5, 2005