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Gibbs v. LeGrand
Attorney’s failure to notify client of state court decision constitutes client abandonment, which entitles prisoner to more time to file federal habeas petition.
Criminal Law and Procedure Sep. 17, 2014
Doe v. Internet Brands Inc.
Communications Decency Act does not bar rape victim's lawsuit against website for negligently failing to warn her of rapists' use of website under California law.
Torts Sep. 17, 2014
Chemehuevi Indian Tribe v. Jewell
Tribe’s assignment deeds of reservation land to members must have Congressional approval, even if assignment did not completely extinguish tribe’s title.
Native American Affairs Sep. 17, 2014
Peter-Palican v. Government of the Commonwealth of the Northern Mariana Islands
Northern Mariana Islands special assistant to Governor may not sue for retaliation, breach of contract or estoppel based on termination from her position.
Employment Law Sep. 17, 2014
People v. Sem
After formally revoking defendant’s probation for failure to pay restitution, trial court must either sentence defendant to prison or reinstate probation.
Criminal Law and Procedure Sep. 17, 2014
Scottsdale Insurance Co. v. National Continental Insurance Co.
When two valid policies apply to same vehicle involved in crash, policy describing vehicle is primary policy, while other policy is excess.
Insurance Sep. 17, 2014
People v. Chaides
Criminal complaint adequately alleges defendant had felony conviction for carrying concealed firearm while being active gang participant for three strikes purposes.
Criminal Law and Procedure Sep. 17, 2014
M.M. v. Lafayette School District
School district must provide 'Response-to-Intervention' data to parents in order to obtain their informed consent prior to providing special education services.
Education Sep. 16, 2014
Bradford v. Union Pacific Railroad Co.
Conductor's due process rights are not violated during railroad's preliminary hearing or Public Law Board proceeding regarding his termination due to drug use.
Labor Law Sep. 16, 2014
United States v. The Coeur D’Alenes Co.
District court need not consider potentially responsible parties' degree of fault in approving consent decree, based on ability to pay, for recovery of cleanup costs.
Environmental Law Sep. 16, 2014
People v. Peyton
Criminal defendant’s motion to disqualify judge pursuant to due process clause fails to meet heightened standard of probability of actual bias.
Criminal Law and Procedure Sep. 16, 2014
Judicial Council of California v. Superior Court (Bean)
Personal injury claims against Judicial Council and Administrative Office of Courts are barred by plaintiff's failure to present them to Secretariat of Judicial Council.
Torts Sep. 16, 2014
Van Zant v. Apple Inc.
AT&T Mobility is not necessary party in class action against Apple related to iPhone 3G, since there is no substantial risk of inconsistent obligations with potential AT&T arbitration.
Business Law Sep. 15, 2014
People v. Olsen
Trial court must determine frivolousness of petition for release under Sexually Violent Predator Act by asking whether attorneys would agree that it is meritless.
Criminal Law and Procedure Sep. 15, 2014
Hawkins v. Franchise Tax Board of California
Tax debts may not be excepted from bankruptcy discharge based on willful attempt to evade debts, where debtor simply spent beyond income.
Bankruptcy Sep. 15, 2014
Andersen v. DHL Retirement Pension Plan
Employer may legally eliminate retirement plan participants' right to transfer account balances from defined contribution plan to defined benefit plan.
Employment Law Sep. 15, 2014
Castaneda v. The Ensign Group Inc.
In wage and hour class action, company that owns other company may be employer of other company’s employees, when it controlled how services were performed.
Employment Law Sep. 15, 2014
Jon Davler Inc. v. Arch Insurance Co.
Insurer may deny coverage to company based on employment-related practices exclusion, including claim that supervisor falsely imprisoned her employees.
Insurance Sep. 15, 2014
Coalition for Adequate Review v. City and County of San Francisco
After winning CEQA case, city may recover costs incurred in preparing supplemental record of proceedings, even where petitioners chose to prepare record themselves.
Environmental Law Sep. 15, 2014
S.A. v. Maiden
Husband may not sue attorney for malicious prosecution for her actions in initiating and maintaining wife’s requests for domestic violence restraining orders.
Family Law Sep. 14, 2014
Professional Engineers in California Government v. Brown
Trial court improperly invalidates furloughs of state employees that related to appropriations to support annual budget and did not violate ‘single-subject rule.’
Government Sep. 14, 2014
Millview County Water District v. State Water Resources Control Board
State Water Resources Control Board must set aside order limiting water right claimant’s use of Russian River due to faulty finding of forfeiture.
Real Property Sep. 14, 2014
U.S. v. Johnson
Unavailable witness’s statements to police regarding armed robbery and murder is admissible where defendant intentionally prevented witness from testifying.
Criminal Law and Procedure Sep. 14, 2014
Butler v. National Community Renaissance of California
Amended complaint adding new defendants is properly dismissed where original complaint fails to show defendants should have known they would be named, but for error.
Civil Procedure Sep. 14, 2014
U.S. v. Dreyer
Exclusionary rule applies to exclude evidence of child pornography obtained in violation of regulations and policies proscribing direct military enforcement of civilian laws.
Criminal Law and Procedure Sep. 14, 2014
Snowden v. Check Into Cash of Washington Inc. (In re Snowden)
Debtor is entitled to attorney fees incurred in litigating creditor’s willful violation of automatic stay because creditor’s offer to settle did not remedy stay violation.
Bankruptcy Sep. 14, 2014
People v. Anderson
Inmate is not entitled to ‘Wende’ review of trial court’s denial of his petition for recall and resentencing under Three Strikes Reform Act.
Criminal Law and Procedure Sep. 14, 2014
Irving v. California Unemployment Insurance Appeals Board (Los Angeles Unified School District)
Driver commits misconduct by repeatedly taking excessive breaks and falsifying timesheets, disqualifying him from receiving unemployment compensation benefits.
Employment Law Sep. 14, 2014
Schinkel v. Superior Court (People)
Defendant sentenced under Three Strikes law for solicitation of murder is ineligible for resentencing relief because crime involved intent to cause great bodily injury.
Criminal Law and Procedure Sep. 14, 2014
Timed Out LLC v. Youabian Inc.
Assignee may proceed with lawsuit against cosmetic dental company that concerned only pecuniary benefits company derived from unauthorized use of model-assignors’ images.
Torts Sep. 14, 2014