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Kirkpatrick v. County of Washoe
County social workers not entitled to qualified immunity on newborn's Fourth Amendment unreasonable seizure claim where reasonable juror might find no imminent danger of bodily injury. 		Civil Rights Jul. 12, 2015
ASARCO v. Celanese Chemical Co.
Smelter company's contribution claims under CERCLA Section 113 time-barred under three year statute of limitations. 		Environmental Law Jul. 12, 2015
Marsh v. Colvin
Where an ALJ, in a disability benefits denial, fails to mention treating source's notes identifying disability applicant as 'nonfunctioning,' such error may not be harmless. 		Administrative Agencies Jul. 12, 2015
U.S. v. Watson
Where DNA evidence may show actual innocence and defendant meets other requirements, Innocence Protection Act mandates DNA testing. 		Criminal Law and Procedure Jul. 12, 2015
Sherman v. Hennessy Industries Inc.
Exception to rule barring liability for harm caused by another's product applies where manufacturer's asbestos-releasing machine contributes substantially to the harm. 		Torts Jul. 9, 2015
T & A Drolapas v. SF Rent etc. Bd.
Though he was a child and not party to the original rental agreement signed by his parents, current San Francisco apartment occupant enjoys rent control protections after his parents move elsewhere. 		Real Property Jul. 9, 2015
Olive v. CIR
As dispensary provided its numerous non-marijuana services without charge, its principal 'trade or business' was thus marijuana sales, disqualifying it from federal tax deductions for normal business expenses. 		Taxation Jul. 9, 2015
U.S. v. Chan
Dismissal of petition for coram nobis relief reversed as court reasons definition of ineffective assistance of counsel established in United States v. Kwan can apply retroactively. 		Criminal Law and Procedure Jul. 9, 2015
People v. Johnson
Kidnapping-murder special-circumstance finding and death sentence for second degree murder vacated because of incorrect simple kidnapping instruction and error on jury verdict form. 		Criminal Law and Procedure Jul. 9, 2015
People v. Banks
Felony-murder special-circumstance finding must be reversed where getaway-driver defendant was not "major participant" in armed robbery. 		Criminal Law and Procedure Jul. 9, 2015
Altafulla v. Ervin
Defendant's statements and actions after discovering partner's infidelity disturbed victims' mental peace and justifies permanent restraining order against him. 		Family Law Jul. 8, 2015
Martinez v. State of California Dept. of Transportation
Cumulative effect of Caltrans attorney's repeated, egregious misconduct warrants reversal of judgment in favor of Caltrans in case involving motorcycle accident. 		Attorneys Jul. 8, 2015
Big Lagoon Rancheria v. State of California
Order 		Jul. 8, 2015
U.S. v. Roach
Former owner of electroplating business guilty of storing barrels of hazardous waste without permit under Resource Conservation and Recovery Act. 		Criminal Law and Procedure Jul. 8, 2015
City of Azusa v. Cohen
Loans made by city's utility to former redevelopment agency are not enforceable obligations and ceased to be ratepayer money once the loans were made. 		Government Jul. 8, 2015
Chavez v. 24 Hour Fitness
Summary judgment on gross negligence claim against gym reversed, as potentially spotty record-keeping provides basis for triable issue of fact. 		Torts Jul. 8, 2015
Coalition for a Sustainable Future in Yucaipa v. City of Yucaipa (Target Stores Inc.)
Project opponent not entitled to attorney fees because its CEQA action was not catalyst for city's revocation of project's land use entitlements. 		Civil Procedure Jul. 7, 2015
City of Irvine v. County of Orange
County's thorough 'supplemental' environmental impact report, addressing changes since original, 1996 report, suffices for jail expansion project; new impact report not necessary. 		Environmental Law Jul. 7, 2015
U.S. v. Zepeda
Assault convictions under Indian Major Crimes Act affirmed as Ninth Circuit overrules <EM>United States v. Maggi</EM>, reasoning that standard of legal Indian status creates unreasonable burden of proof. 		Native American Affairs Jul. 7, 2015
Busk v. Integrity Staffing Solutions
Order 		Jul. 7, 2015
United States ex rel. Hartpence v. Kinetic Concepts Inc.
Relator's role in public disclosure of alleged fraud is immaterial in determining whether relator qualified as 'original source' under False Claims Act. 		Government Jul. 7, 2015
Building Industry Assoc. v. U.S. Department of Commerce
National Marine Fisheries Service does not have to apply a specific balancing methodology under Section 4(b)(2) of the Endangered Species Act. 		Environmental Law Jul. 7, 2015
Arce v. Douglas
Students challenging law effectively eliminating ethnic studies program raise genuine issue of material fact on equal protection claim as to discriminatory intent. 		Civil Rights Jul. 7, 2015
Maes v. Chavez
Prisoner unsuccessful in attempt to 'bend [AEDPA's one-year statute of limitations] tolling rule backwards.' 		Criminal Law and Procedure Jul. 7, 2015
Williams v. National Union Fire Insurance Co. of Pittsburgh, PA
Insurer properly denied accidental death benefits to insured's family because insured's death from Deep Vein Thrombosis did not constitute 'accident' under policy. 		Insurance Jul. 7, 2015
Multi Time Machine Inc. v. Amazon.com Inc.
Amazon not entitled to summary judgment on trademark claim where jury could have concluded that its search results created initial interest confusion. 		Intellectual Property Jul. 6, 2015
People v. Jefferson
Findings that defendant had reasonable cause to believe firearm was stolen must be reversed where admission of evidence of uncharged firearm possessions was prejudicial. 		Criminal Law and Procedure Jul. 6, 2015
United States v. Bryant
Order 		Jul. 6, 2015
Meridian Joint School District No. 2 v. D.A.
School District must provide student who had Asperger's Syndrome special education services under Individuals with Disabilities Education Act. 		Education Jul. 6, 2015
U.S. v. Salman
Ninth Circuit not bound by Second Circuit's ruling in <EM>United States v. Newman</EM> establishing standard of evidence for insider information tipper/tippee relationship. 		Securities Jul. 6, 2015
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