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Obrey v. Johnson
'Harmless error' analysis in civil cases requires initial presumption that error was prejudicial.
Civil Procedure Aug. 1, 2005
De Leon v. Gonzales
Order
Aug. 1, 2005
Campbell v. Regents of the University of California
University employee must exhaust administrative remedies before suing for retaliatory termination.
Civil Procedure Aug. 1, 2005
People v. Vieira
Defendant cannot be sentenced to death for conspiracy to commit murder.
Criminal Law and Procedure Aug. 1, 2005
Cronus Investments Inc. v. Colman
Parties' agreement not to preclude application of Federal Arbitration Act does not preempt application of state law.
Contracts Aug. 1, 2005
MetroPCS Inc. v. City and County of San Francisco
City was not entitled to summary judgment on issue of discrimination against telecommunications company.
Government Jul. 31, 2005
Burch v. Barnhart
Order
Jul. 31, 2005
Holley v. Crank
Owner of corporation may be personally liable for civil rights violations committed by employee.
Corporations Jul. 31, 2005
Pham v. Terhune
Convicted murderer was entitled lab reports about gunshot residue on second shooter.
Criminal Law and Procedure Jul. 31, 2005
Membreno v. Gonzales
Order
Jul. 31, 2005
U.S. v. Hickey
Because none of defendant's contentions raise colorable claim under collateral order doctrine, appeals are dismissed for lack of jurisdiction.
Criminal Law and Procedure Jul. 31, 2005
California State Legislative Board v. Dept. of Transportation
Federal Railroad Administration may exclude hotels and motels from regulation under Hours of Service law.
Administrative Agencies Jul. 31, 2005
Barapind v. Enomoto
Court determining whether offenses were political must focus on motivation for acts.
Criminal Law and Procedure Jul. 31, 2005
Meyers v. Redwood City
Officers did not violate plaintiffs' constitutional rights by reasonably acting to restore order during repossession of car.
Government Jul. 31, 2005
Mohammed v. Gonzales
Alien whose attorney failed to present evidence of genital mutilation will have asylum case reopened.
Immigration Jul. 31, 2005
Equal Employment Opportunity Commission v. Peabody Western Coal Co.
Navajo Nation may be joined in employment discrimination suit against company that contracted with it to mine on its land.
Civil Procedure Jul. 31, 2005
U.S. v. Garcia
Aiding and abetting alien smuggling is same offense as substantive offense of alien smuggling, premised on different theory of liability.
Criminal Law and Procedure Jul. 31, 2005
Kasnecovic v. Gonzales
Petitioner's inconsistent statements about her nationality and residence provide substantial evidence to support adverse credibility determination.
Immigration Jul. 31, 2005
Johnston v. Corrigan
Trial court has jurisdiction to reconsider initial order denying cross-defendants' attorney fee motion.
Civil Procedure Jul. 31, 2005
People v. Garcia
District attorneys are not independently empowered to initiate civil commitment proceedings under Mentally Disordered Offender Act.
Criminal Law and Procedure Jul. 31, 2005
Brown v. Professional Community Management Inc.
Assessments levied by homeowners association did not exceed amount necessary to defray its expenses.
Real Property Jul. 31, 2005
Donaldson v. National Marine Inc.
State court possesses jurisdiction over claim for wrongful death that occurred outside territorial waters.
Maritime Law Jul. 31, 2005
People v. Aegis Security Insurance Co.
Erroneous date in notice of forfeiture did not deprive court of jurisdiction to enter judgment.
Criminal Law and Procedure Jul. 31, 2005
Szold v. Medical Board of California
Medical Board of California is required to post information online regarding licensee's completion of probation.
Administrative Agencies Jul. 31, 2005
Grosso v. Miramax Films Corp.
Court erred in holding that plaintiff's breach of implied contract claim was preempted by Copyright Act.
Contracts Jul. 31, 2005
Garcia v. Carey
Evidence that gang member committed robbery on gang turf is not sufficient for gang enhancement.
Criminal Law and Procedure Jul. 26, 2005
Allen v. Woodford
Defense counsel's failure to present mitigating witness testimony is harmless error due to overwhelming evidence of defendant's guilt.
Criminal Law and Procedure Jul. 26, 2005
Nevada Bell v. Pac-West Telecomm, Inc.
Order
Jul. 26, 2005
Keller v. Armstrong Garden Centers
Order
Jul. 26, 2005
Bisno v. Santa Monica Rent Control Bd
Rent control board may adopt regulation allowing landlord to petition for rent increase for tenant who does not principally reside at unit.
Real Property Jul. 26, 2005