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Name Category Published
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
Oregel v. PacPizza LLC
Employer waives right to enforce purported arbitration agreement based on its conduct and lengthy delay in filing petition to compel arbitration.
Employment Law Jun. 2, 2015
U.S., ex rel, Shea v. Cellco Partnership
Order
Jun. 2, 2015
Pensinger v. Chappell
Kidnap-murder special circumstance and death sentence must be vacated where jury was not instructed on requirement of 'independent felonious purpose.'
Criminal Law and Procedure Jun. 2, 2015
Britton v. Colvin
Administrative law judge's denial of disability benefits is not an error, where substantial evidence shows applicant could perform light work, and where medical expert's testimony is inadequate.
Administrative Agencies Jun. 2, 2015
Allen v. Bedolla
District court fails to meet heightened procedural standard for review of settlement negotiated in absence of certified class.
Civil Procedure Jun. 2, 2015
Moore v. City of Lemon Grove
Transfer of sewer service fees and charges to city's general fund does not violate Proposition 218 where reasonable methods are used to determine the transfer.
Taxation Jun. 2, 2015
Mira Overseas Consulting Ltd. V. Muse Family Enterprises Ltd.
Claimant's judgment lien takes priority over other competing claimant's lien because its lien related back to recording of lis pendens.
Real Property Jun. 2, 2015
Taylor v. Barkes
Government officials are entitled to qualified immunity for inmate's suicide where there was no clearly established right to adequate screening and prevention measures at time of inmate's death.
Government Jun. 1, 2015
Mellouli v. Lynch
Drug-paraphernalia possession conviction under Kansas law does not trigger removal under 8 U.S.C. Section 1227(a)(2)(B)(i).
Immigration Jun. 1, 2015
Bank of America N.A. v. Caulkett
Debtor may not void junior mortgage under Bankruptcy Code Section 506(d) even if debt owed on senior mortgage exceeds present value of property.
Bankruptcy Jun. 1, 2015
EEOC v. Abercrombie & Fitch Stores Inc.
Disparate-treatment claim based on failure to accommodate religious practice does not impose a knowledge requirement; plaintiff need only show motive.
Employment Law Jun. 1, 2015
Elonis v. United States
'Reasonable person' standard improperly applied in context of criminal-threat-by-Facebook case; renders culpability level negligence, which cannot support the conviction.
Criminal Law and Procedure Jun. 1, 2015
Bronitsky v. Bea (In re Bea)
Debtor's chapter 13 plan does not necessarily violate Bankruptcy Code even if it deferred equal payments to secured creditors.
Bankruptcy Jun. 1, 2015
Guam Industrial Services Inc. v. Zurich American Insurance Co.
Insurer not liable for cost of retrieving oil barrels from sea where no oil ever leaked out and barrel itself did not constitute 'pollutant.'
Insurance Jun. 1, 2015
People v. Charles
Admitting into evidence jailhouse letter by means of adoptive admission exception to hearsay rule was not error, where defendant's behavior clearly implied he authored the letter.
Evidence Jun. 1, 2015