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Chevron USA Inc. v. Bronster
State law that regulates rent that oil companies can collect from gas stations violates Takings Clause.
Constitutional Law Aug. 10, 2004
U.S. v. Epis
Order
Aug. 9, 2004
Guo v. Ashcroft
Judge's finding that Chinese immigrant did not suffer past persecution because of Christian beliefs is not supported by substantial evidence.
Immigration Aug. 9, 2004
California Insurance Guarantee Assn. v. Workers' Compensation Appeals Board
California Insurance Guarantee Assn. isn't required to reimburse state agency's lien arising from its payment of temporary disability benefits to insured of insolvent company.
Workers' Compensation Aug. 9, 2004
People v. Powers
Defendant who falsified fishing logs may be criminally liable for filing false instrument with public office.
Criminal Law and Procedure Aug. 9, 2004
Liska v. Arns Law Firm
Client who loses binding fee arbitration may file subsequent lawsuit against attorney for misconduct.
Attorneys Aug. 9, 2004
Ehrenclou v. MacDonald
Adults adopted under Colorado's adult adoption statute do not qualify as 'issue' of person adopting them for inheritance purposes.
Family Law Aug. 9, 2004
Azanor v. Ashcroft
Nigerian citizen claiming female genital mutilation may be entitled to protection under Convention Against Torture.
Immigration Aug. 9, 2004
Johnson v. U.S.
District court correctly held that petitioner's second petition under 28 U.S.C. Section 2255 should not be dismissed and properly ruled on its merits.
Criminal Law and Procedure Aug. 9, 2004
Teal v. Superior Court (People)
Trial court abused discretion by ordering defense counsel to provide subpoenaed materials to prosecution.
Civil Procedure Aug. 9, 2004
Shuer v. County of San Diego
County is estopped from asserting failure by plaintiff to exhaust administrative remedies because of misleading and erroneous information it provided concerning such remedies.
Civil Procedure Aug. 9, 2004
Smith v. Massachusetts
Order
Aug. 9, 2004
Shepard v. United States
Order
Aug. 9, 2004
Howell v. Mississippi
Order
Aug. 9, 2004
Saeta v. Superior Court (Dent)
Statements made during hearing conducted by employment termination review panel are not privileged.
Civil Procedure Aug. 8, 2004
Superior Gunite v. Mitzel
Court's decision based on plaintiff's contract claim against defendant was incorrect for want of privity between parties.
Contracts Aug. 8, 2004
Salazar v. Diversified Paratransit Inc.
Employer may be liable under Fair Employment and Housing Act for sexual harassment committed by clients.
Employment Law Aug. 8, 2004
Gadda v. Ashcroft
Reciprocal discipline imposed on attorney by federal courts based on California State Bar Court suspension order is valid.
Attorneys Aug. 8, 2004
Bearman v. Superior Court (Joseph)
Medical board lacked good cause to order doctor to produce records of patient prescribed medicinal marijuana.
Civil Procedure Aug. 8, 2004
Duplessis v. Valenti (In re Valenti)
Creditor alleging fraud by debtor must raise issue within 180 days of confirmation of bankruptcy plan.
Bankruptcy Aug. 8, 2004
Rousey v. Jacoway
Order
Aug. 8, 2004
Miller-El v. Dretke, Dir., TX DCJ
Order
Aug. 8, 2004
People v. Montoya
Vehicle theft is not lesser included offense of carjacking because theft requires asportation of vehicle while carjacking does not.
Criminal Law and Procedure Aug. 6, 2004
Felgenhauer v. Soni
Person can claim prescriptive easement without believing he is legally entitled to use easement.
Real Property Aug. 6, 2004
People v. Griffin
Holding victim's arms to the ground by her shoulders while defendant inserted his penis into her vagina did not constitute forcible rape.
Criminal Law and Procedure Aug. 6, 2004
Jonathan Neil & Associates Inc. v. Jones
Billing mistake by insurer does not create tort action for breach of duty of good faith and fair dealing.
Insurance Aug. 5, 2004
People v. Gonzalez
Conviction of defendant for use and possession of false compartment to hide drugs was based on substantial evidence.
Criminal Law and Procedure Aug. 5, 2004
Swift v. Dept. of Corrections
Department of Corrections is immune from plaintiff's action for its decisions regarding revocation of parole.
Government Aug. 5, 2004
People v. Hernandez
Reversal is not required where trial court should have bifurcated trial of gang enhancement from trial of underlying offenses.
Criminal Law and Procedure Aug. 5, 2004
Eyak Native Village v. Daley
Order
Aug. 5, 2004