Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
12-56829
|
Castro v. County of Los Angeles
County of Los Angeles escapes liability for savage beating of arrestee at hands of another arrestee while inside sobering cell of West Hollywood Station. |
Civil Rights |
|
Aug. 12, 2015 | |
13-35580
|
Brennan v. Opus Bank
Arbitrator, not court should decide issues of arbitrability where parties clearly and unmistakably agree to arbitration rules that delegated issues of arbitrability to arbitrator. |
Employment Law |
|
Aug. 12, 2015 | |
09-99017
|
Mann v. Ryan
Order |
|
Aug. 12, 2015 | ||
A141143
|
In re I.C.
Four-year-old's hearsay statements contained in video and caseworker's report are substantial evidence to support finding of sexual abuse by father and resultant separation. |
Family Law |
|
Aug. 11, 2015 | |
10-72049
|
Madrigal-Barcenas v. Lynch
After Supreme Court ruling in 'Mellouli,' overbroad Nevada drug paraphernalia statute demands grant of immigrant's cancellation-of-removal petition. |
Immigration |
|
Aug. 11, 2015 | |
13-10654
|
U.S. v. Fries
Higher sentence is reasonable where defendant's prior convictions on severed counts were 'not part of the instant offense.' |
Criminal Law and Procedure |
|
Aug. 11, 2015 | |
13-70391
|
Northwest Requirements Utilities v. Federal Energy Regulatory Commission
Wholesale energy customers lack statutory standing to challenge federal orders where they fail to satisfy 'zone-of-interest' test. |
Administrative Agencies |
|
Aug. 11, 2015 | |
14-10255
|
United States v. Montoya-Gaxiola
Failure to instruct jury of mens rea element of crime constitutes non-harmless error in unlawful gun ownership case. |
Criminal Law and Procedure |
|
Aug. 11, 2015 | |
S211645
|
Hartford Casualty Ins. Co. v. J.R. Marketing, L.L.C.
Insurer may seek reimbursement for excessive fees charged by insured's counsel in third-party action. |
Insurance |
|
Aug. 11, 2015 | |
C075960
|
People v. Accredited Surety and Casualty Co. Inc.
Attempt to exonerate bail bonds fails as request to extend appearance period is based on information gathered too late |
Criminal Law and Procedure |
|
Aug. 10, 2015 | |
E061153
|
In re A.J.
Biological father's drug abuse and parole violations substantiate denial of visitation privileges, as does fact that he was not a 'presumed' father and, therefore, not a 'parent' for purposes of the pertinent statute. |
Dependency |
|
Aug. 10, 2015 | |
12-73257
|
Voss v. Commissioner of Internal Revenue
26 U.S.C. Section 163(h)(3)'s debt limit provisions apply on a per-taxpayer, rather than per-residence, basis to unmarried co-owners of a qualified residence. |
Taxation |
|
Aug. 10, 2015 | |
13-15707
|
Shelton v. Marshall
Prosecution's suppression of secret deal with key witness constitutes <EM>Brady</EM> violation where evidence of deal is powerful impeachment evidence. |
Criminal Law and Procedure |
|
Aug. 10, 2015 | |
13-30279
|
U.S. v. Lapier
Evidence of two criminal relationships for one count of conspiracy merits <EM>sua sponte</EM> 'specific unanimity' jury instruction in methamphetamine distribution case. |
Criminal Law and Procedure |
|
Aug. 10, 2015 | |
14-30034
|
United States v. Martin
Court errs in allowing evidence of previous run-in with state tax authorities, as it is not probative of defendant's knowledge of federal tax laws. |
Taxation |
|
Aug. 10, 2015 | |
13-35453
|
KS Wild v. MacWhorter
Endangered Species Act notice of violation provision simply requires potential plaintiff to provide enough information that potential defendant agency can 'identify and abate' violation. |
Administrative Agencies |
|
Aug. 10, 2015 | |
13-16254
|
Arizona Libertarian Party v. Bennett
Arizona's voter registration law imposes at most, a <EM>de minimus</EM> burden and is rationally related to the state's legitimate interest. |
Constitutional Law |
|
Aug. 9, 2015 | |
E059820
|
People v. Cardenas
Burglary count should be stayed where multiple victim exception does not apply because crimes of violence were against one victim. |
Criminal Law and Procedure |
|
Aug. 7, 2015 | |
G050202
|
Coldren v. Hart, King and Coldren
Departing lawyer lacks standing and no conflict of interest exists when outside firm represents both firm and attorney at firm in departing lawyer's suit. |
Attorneys |
|
Aug. 7, 2015 | |
A142854
|
People v. Calloway
Broad construal of incompetent-to-stand-trial statute allows mechanism for trial court to renew competency hearings in 10-year-old robbery case. |
Criminal Law and Procedure |
|
Aug. 7, 2015 | |
13-10242
|
U.S. v. Leung
Affidavit alleging jury misconduct barred under Rule 606(b) of the Federal Rules of Evidence, despite argument that information within reveals pretrial dishonesty. |
Evidence |
|
Aug. 7, 2015 | |
15-55654
|
Rodriguez v. Steck
Order |
|
Aug. 7, 2015 | ||
15-55873
|
Briggs et al. v. Merck, Sharp & Dohme
Failure to establish concrete proposal of jointly-tried claim in medical tort case bars removal from state to federal court as 'mass action.' |
Civil Procedure |
|
Aug. 7, 2015 | |
S218993
|
People v. Brown
Defendant is detained when police stop behind his parked car and activate patrol vehicle's emergency lights. |
Criminal Law and Procedure |
|
Aug. 7, 2015 | |
B254910
|
People v. Morris
Defendant's constitutional right to fair trial by impartial jury is violated where excused juror was allowed to testify for prosecution. |
Criminal Law and Procedure |
|
Aug. 7, 2015 | |
C076047
|
People v. Kisling
'Wende' protections do not apply in sexually-violent predator's appeal from order denying his petition for release. |
Criminal Law and Procedure |
|
Aug. 7, 2015 | |
B252995
|
Soto v. BorgWarner Morse TEC
Punitive damages award in asbestos-related mesothelioma case reversed where plaintiffs fail to provide meaningful evidence of defendant's financial condition. |
Torts |
|
Aug. 6, 2015 | |
D067498
|
In re Joshua A.
Juvenile court's statutory interpretation error - made while denying placement to abusive mother's boyfriend - does not warrant reversal due to boy's aversion to boyfriend and the couple's rocky relationship. |
Dependency |
|
Aug. 6, 2015 | |
09-99012
|
Andrews v. Davis
Rejection of habeas prisoner's ineffective assistance of counsel claim is based on prejudice analysis which was not contrary to or unreasonable application of Supreme Court precedent. |
Criminal Law and Procedure |
|
Aug. 5, 2015 | |
12-35952
|
Belanus v. Clark
Strikes issued under section 1915(g) of 18 U.S.C. apply to dismissed actions, regardless of whether or not filed 'in forma pauperis.' |
Civil Procedure |
|
Aug. 5, 2015 |