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DC Comics v. Towle
Pow! Copyright law deals blow to maker of Batmobile replicas who admittedly copied Batmobile's distinctive bat-like features and other unique characteristics.
Intellectual Property Sep. 24, 2015
U.S. v. Flores
Although government misrepresented testimony and misstated law on multiple occasions, defendant could not show the misconduct rose to level of plain error.
Criminal Law and Procedure Sep. 24, 2015
Santa Clarita Organization etc. v. Abercrombie
Express and implicit exceptions to conflict of interest statutes as set forth in water agency's enabling legislation exempt director of water agency from liability.
Government Sep. 23, 2015
Seibold v. County of Los Angeles
In refund action, taxpayer not entitled to summary adjudication where ground lease at Santa Monica airport is taxable possessory interest and hangar might also constitute possessory interest.
Taxation Sep. 23, 2015
Diamond v. Reshko
Jury should be told about plaintiff and third party defendant's settlement agreement and exclusion of such evidence prejudices the other defendants.
Evidence Sep. 22, 2015
Singh v. Lynch
Per statutory language and precedent, REAL ID Act permits background documents to serve as sole basis for adverse credibility determination in Immigration Judge's review of person seeking protection under CAT.
Immigration Sep. 22, 2015
Pulaski & Middleman LLC v. Google Inc.
Class action against Google may proceed following district court's denial of class certification based on erroneous 'predominance' analysis and failure to follow precedent.
Consumer Law Sep. 22, 2015
Jones v. Wang
Doctor not entitled to summary judgment based on qualified immunity defense where parents' version supports claim that doctor seized child without exigent circumstances.
Immunity Sep. 22, 2015
San Diegans for Open Government v. Har Construction Inc.
Contractors allegedly involved in school district projects approved by financially interested public officers cannot dodge lawsuit by filing anti-SLAPP motion where action falls under public interest exemption.
Government Sep. 21, 2015
Melendrez v. Ameron International Corp.
Workers' compensation exclusivity bars wrongful death lawsuit relating to deceased employee's at-home exposure to asbestos.
Workers' Compensation Sep. 21, 2015
People v. Vasquez
Former tenant commits burglary in house he formerly lived in although it appeared uninhabited due to sparse belongings inside.
Criminal Law and Procedure Sep. 21, 2015
Marilley v. Bonham
Four of California's commercial fishing license fees charging non-residents two to three times more than residents, violate the Privileges and Immunities Clause.
Constitutional Law Sep. 21, 2015
People v. Superior Court (Troyer)
Alleged deficiencies contained in evaluation reports do not constitute 'material legal error' and dismissal of sexually violent predator recommitment petition was thereby improper.
Criminal Law and Procedure Sep. 21, 2015
S.M. v. Los Angeles Unified School Dist.
Absent extraordinary circumstances, evidence as to plaintiff's sexual history cannot be admitted in suit brought against LAUSD for negligent supervision of teacher who had sex with middle schooler.
Evidence Sep. 18, 2015
Defend Our Waterfront v. California State Lands Commission (San Francisco Waterfront Partners II LLC)
Land exchange agreement underlying controversial waterfront project in San Francisco is not exempt from CEQA review because agreement did not settle title and boundary disputes.
Environmental Law Sep. 18, 2015
Ctr. for Biological Diversity v. USFWS
Conservation measures in a federal agency-initiated MOA enforceable under the Endangered Species Act when they are included as part of the project and thus subject to the ESA's consultation and enforcement provisions.
Environmental Law Sep. 18, 2015
People v. Reese
Denial of opening statements and closing arguments transcript does not violate pro per defendant's equal protection rights.
Criminal Law and Procedure Sep. 18, 2015
Castro v. Indymac Indx Mortgage Loan Trust 2005-AR21
Order
Sep. 18, 2015
People v. Finney
Order
Sep. 18, 2015
People v. Landry
Order
Sep. 18, 2015
People v. Martin
Order
Sep. 18, 2015
Grace v. Mansourian
Defendant who ran red light, causing accident, had no reasonable basis to deny liability and must, thus, pay for costs plaintiff incurred in proving liability.
Torts Sep. 17, 2015
Idaho Building and Construction Trades Council AFL-CIO v. Wasden
Construction unions prevail in dispute involving Idaho law that prohibited 'job targeting' or 'market recovery' because such conduct was protected, and was thereby, preempted, by the National Labor Relations Act.
Labor Law Sep. 17, 2015
U.S. v. Rosales-Gonzales
Trial court need not accede to sentencing departure purely on joint recommendation of parties; sentence upheld where application of Guidelines is reasonable, and not a manipulation to reach a desired sentence.
Criminal Law and Procedure Sep. 17, 2015
County of Los Angeles v. Financial Casualty & Surety Inc.
Writing hearing date on bond does not make defendant's appearance 'lawfully required' for bail forfeiture purposes.
Criminal Law and Procedure Sep. 17, 2015
Jeff Tracy, Inc. v. City of Pico Rivera
The validity of a contractor's license is a required element of a claim made by a contractor plaintiff, not a special defense.
Civil Procedure Sep. 17, 2015
People v. Brown
When defendant raises substantial evidence challenge, and unanimity instruction would otherwise have been required, review limited to whether sufficient evidence supports conviction based on act elected by prosecution.
Criminal Law and Procedure Sep. 16, 2015
Simonelli v. City of Carmel-By-The-Sea
Property owner may proceed with lawsuit against City where trial court erroneously denied her leave to amend based on improper application of limitations period.
Civil Procedure Sep. 16, 2015
AP-Colton LLC v. Ohaeri
Cross-complainants that caused 'limited' action to be reclassified without paying reclassification fee are estopped from denying case was 'unlimited' to escape $121,357 awarded against them.
Civil Procedure Sep. 16, 2015
JPMCC 2007-C1 Grasslawn Lodging LLC v. Transwest Resort Properties Inc. (In re Transwest Resort Properties Inc.)
Upon rehearing, appeal of Lender who objected to debtors' plan of reorganization is not equitably moot.
Bankruptcy Sep. 16, 2015