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Name Category Published
Zivotofsky v. Kerry
President has exclusive, conclusive power to recognize nations and, as such, Americans born in Jerusalem may not list 'Israel' as birthplace in U.S. passport.
Constitutional Law Jun. 8, 2015
Madrigal-Barcenas v. Lynch
Order
Jun. 8, 2015
Martinez v. U.S.
Order
Jun. 8, 2015
Flam v. Flam
A motion to remand is dispositive and, thus, is beyond the power of a magistrate judge to issue.
Civil Procedure Jun. 8, 2015
Slone v. Commissioner of Internal Revenue
Tax court decision must be vacated and remanded for applying incorrect test when determining shareholder liability relating to stock sale.
Taxation Jun. 8, 2015
Garcia-Mendez v. Lynch
Applicant for special rule cancellation of removal does not meet definition of VAWA self-petitioner and is not eligible for Section 212(h) waiver.
Immigration Jun. 8, 2015
U.S. v. Crooked Arm
Sale of fan containing migratory bird feathers is a misdemeanor, not a felony, under the Migratory Bird Treaty Act.
Criminal Law and Procedure Jun. 8, 2015
International Brotherhood of Teamsters, Airlines Division v. Allegiant Air LLC
Air carrier is not precluded from unilaterally changing Pilot Work Rules, which was promulgated under regime of advocacy group and before pilots unionized.
Labor Law Jun. 8, 2015
U.S. v. Gonzalez-Flores
Prior removal order not deemed invalid where immigration judge allegedly failed to inform petitioner of his eligibility for voluntary departure because any such error was not prejudicial.
Immigration Jun. 8, 2015
Medina-Nunez v. Lynch
Where court and agency rulings conflict, agency ruling generally trumps and deserves <EM>Chevon</EM> deference, unless court's ruling was based upon unambiguous statutory language.
Civil Procedure Jun. 8, 2015
People v. Scott
California Supreme Court upholds man's convictions and death sentence in connection with rape, murder of elderly woman and clarifies practice in reviewing 'Batson/Wheeler' motions.
Criminal Law and Procedure Jun. 8, 2015
A.M., a Minor
Juvenile court order authorizing agency to place dependent for adoption following termination of parental rights is nonappellable.
Dependency Jun. 8, 2015
Maroney v. Iacobsohn
Conditional grant of new trial a 'nullity with no legal effect;' renders plaintiff's new trial motion denied by operation of law.
Civil Procedure Jun. 7, 2015
Exceptional Child Ctr. v. Armstrong
Amended order
Jun. 7, 2015
Northbay Wellness v. Beyries
Balancing required when applying doctrine of unclean hands; both parties' wrongdoings must be considered, not simply the party seeking equitable relief.
Bankruptcy Jun. 7, 2015
K.W. v. Armstrong
Idaho may not implement reduced budgets for Developmental Disabilities Waiver program participants absent adequate notice for reductions.
Health Care Jun. 7, 2015
Sam K. v. State of Hawaii Dept. of Education
Disabled student's private school placement is not 'unilateral'; request for reimbursement of school costs not subject to 180-day limitations under Haw. Rev. Stat. Section 302A-443(a).
Education Jun. 7, 2015
Garcia v. Superior Court (Southern Counties Express Inc.)
Trial court's failure to rule on threshold question of FAA's applicability to arbitration agreement warrants reversal of ruling compelling parties to arbitrate dispute.
Employment Law Jun. 4, 2015
In re Alejandro B.
Application of People v. Vargas to strike juvenile's commitment offenses where there were no prior convictions is premature.
Juveniles Jun. 4, 2015
Honchariw v. County of Stanislaus
Inverse condemnation action does not fall within exception to 90-day limitation period because plaintiff failed to allege compensable taking was established in mandamus proceeding.
Government Jun. 4, 2015
Big Lagoon Rancheria v. State of California
California's claims that Indian tribe lacks standing and is not a recognized tribe should have been brought under the APA and not as a collateral attack.
Gaming Jun. 4, 2015
Escobedo v. Applebees
Employee's complaint is deemed filed on date it is delivered to court of clerk, regardless if it was submitted with an in forma pauperis application.
Civil Procedure Jun. 4, 2015
Kohn Law Group v. Auto Parts Mfg. Miss.
Stay of litigation not an abuse of discretion under first-to-file rule, where similar parties and issues are being litigated in case elsewhere that was filed first.
Civil Procedure Jun. 4, 2015
Leber v. DKD of Davis Inc.
Consumer has no recourse from seller regarding 'lemon' truck where seller expressly cautioned consumer he was buying 'used' car 'AS IS' with no warranties.
Consumer Law Jun. 4, 2015
Siskiyou County Farm Bureau v. Dept. Fish & Wildlife
No ambiguity in Fish and Game Code Section 1602 requiring notification when entity plans to 'divert' water.
Water Rights Jun. 4, 2015
In re J.S.
Legislature's failure to endow 'honorable/dishonorable discharge' determination power in local courts when transferring jurisdiction over youths on probation, though likely an oversight, cannot be remedied by courts.
Government Jun. 4, 2015
People v. Chung
Consecutive sentences on three offer to sell counts violated bar on multiple punishment for 'single act' under Penal Code Section 654.
Criminal Law and Procedure Jun. 4, 2015
People v. Shabazz
Defendant must comply with specific procedures before he can reduce qualifying felony convictions to misdemeanors under Proposition 47, which does not apply automatically.
Criminal Law and Procedure Jun. 2, 2015
Davis v. Fresno Unified School District
Reversal of demurrer warranted where taxpayer adequately alleges 'lease-leaseback' between school district and contractor is not a genuine lease and contractor has a conflict of interest.
Education Jun. 2, 2015
Noe v. Superior Court
Company that is aware of subcontractor's labor code violations could be penalized; however, section 226.8 of the code provides no private right of action.
Labor Law Jun. 2, 2015