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Sterba v. PNC Bank (In re Sterba)
Bankruptcy court improperly relies on California’s choice of law rules instead of Ninth Circuit precedent in deciding timeliness of creditor’s claim.
Bankruptcy Aug. 28, 2014
People v. Chandler
Defendant commits attempted criminal threat where his threat to kill female neighbors was sufficient to cause them to be in sustained fear.
Criminal Law and Procedure Aug. 28, 2014
Patterson v. Domino’s Pizza LLC
Domino’s is not liable for sexual harassment based on acts of franchisee’s worker because it lacked authority to control franchisee’s workers.
Employment Law Aug. 28, 2014
People v. Trejo
Order
Aug. 28, 2014
U.S. v. Nora
Court must suppress evidence obtained in case where police effectively arrested person inside his home without arrest warrant and absent exigent circumstances.
Criminal Law and Procedure Aug. 28, 2014
Cruz v. City of Anaheim
Court improperly grants summary judgment in favor of city in police-involved shooting where it was unclear whether suspect reached for firearm in his waistband.
Civil Rights Aug. 28, 2014
Lacano Investments LLC v. Balash
District court lacks jurisdiction to preside over landowner’s complaint that effectively sought quiet title over certain streambeds owned by state of Alaska.
Constitutional Law Aug. 28, 2014
U.S. v. Luis
Bank is entitled to restitution based on how much bank paid for fraudulent loan, rather than principal balance due.
Criminal Law and Procedure Aug. 28, 2014
Medina-Lara v. Holder
Order
Aug. 27, 2014
Wharton v. Chappell
Failure to present penalty phase testimony of death penalty petitioner’s brother about sexual abuse may establish prejudice if counsel’s investigation was deficient.
Criminal Law and Procedure Aug. 27, 2014
Alexander v. FedEx Ground Package System Inc.
California FedEx drivers are considered employees, not independent contractors, due to company's broad right to control manner in which drivers perform work.
Employment Law Aug. 27, 2014
White v. University of California
Professors who wished to study remains found during excavation may not oppose repatriation when affected tribal representatives were indispensable to their suit.
Native American Affairs Aug. 27, 2014
Slayman v. FedEx Ground Package System Inc.
Under Oregon’s right-to-control test, Oregon FedEx drivers are employees, not independent contractors, given FedEx controlled their appearance, vehicles and schedules.
Employment Law Aug. 27, 2014
ASARCO LLC v. Union Pacific Railroad Co.
Mining company’s amended complaint based on previously excluded facts in CERCLA contribution action is timely, as it related back to date of original complaint.
Environmental Law Aug. 27, 2014
Cruise v. Kroger Co.
California Arbitration Act must govern arbitration, rather than terms of employer’s arbitration policy, because company was unable to actually prove contents of policy.
Employment Law Aug. 27, 2014
Araquistain v. Pacific Gas & Electric Co.
Gas company does not violate Labor Code by failing to give meal breaks to consecutive shift employees covered by other arrangements in labor agreement.
Labor Law Aug. 27, 2014
Parrish v. Latham & Watkins
Law firm may not strike malicious prosecution action where trial judge in underlying action ruled its misappropriation of trade secrets claim was brought in bad faith.
Attorneys Aug. 27, 2014
People v. Lofchie
University of California faculty member may not be criminally prosecuted for participating in decision to hire his wife for summer study abroad course.
Criminal Law and Procedure Aug. 27, 2014
Sheet Metal Workers’ International Association Local 104 v. Duncan (Russ Will Mechanical Inc.)
Subcontractor who fabricates materials for public works project at permanent, offsite facility not exclusively dedicated to project is not required to pay prevailing wage.
Labor Law Aug. 27, 2014
J.P., a Minor
Father's visitation may continue despite juvenile court’s error in failing to hold hearing on child’s request to modify visitation due to father’s inconsistent visits.
Juveniles Aug. 26, 2014
Singh v. Holder
Indian citizen is entitled to asylum after police mistakenly accused him of being a traitor because his former servant was allegedly involved in terrorist organization.
Immigration Aug. 26, 2014
Mwangi v. Wells Fargo Bank N.A. (In re Mwangi)
Bankruptcy court properly dismisses chapter 7 debtors’ adversary proceeding against bank after it imposed ‘temporary administrative pledge’ due to bankruptcy petition.
Bankruptcy Aug. 26, 2014
Rashdan v. Geissberger
Egyptian dentist's Title VI claim against university for national origin discrimination fails because she failed to prove insensitive remarks targeted her national origin.
Civil Rights Aug. 26, 2014
U.S. v. Mendez
Under Washington law, adult’s prior juvenile adjudication for firearm possession constitutes conviction that may serve as basis for federal felon-in-possession charge.
Criminal Law and Procedure Aug. 26, 2014
Hendricks & Lewis PLLC v. Clinton
District court may authorize receiver to sell musician George Clinton’s master recordings to satisfy various judgments that law firm won against him.
Intellectual Property Aug. 26, 2014
James v. State
Husband’s misdemeanor battery conviction is ‘misdemeanor crime of domestic violence,’ making him ineligible to possess any firearm under federal Gun Control Act.
Criminal Law and Procedure Aug. 26, 2014
Yau v. Santa Margarita Ford Inc.
Car dealership employee, who alleged he was fired after complaining about fraudulent warranty claims, may sue for wrongful termination in violation of public policy.
Employment Law Aug. 26, 2014
People v. J.S.
Court must hear mentally disordered offender’s timely petition challenging her classification, although initial term of involuntary treatment had already expired.
Criminal Law and Procedure Aug. 26, 2014
People v. Lujano
Police officers unlawfully detain man they suspected was committing burglary, but was actually a resident, where nothing suggested he was involved in a crime.
Criminal Law and Procedure Aug. 26, 2014
People v. Bryant
Capital defendants fail to overturn death sentences by claiming that use of REACT belts, which could electrically shock them, violated their constitutional rights.
Criminal Law and Procedure Aug. 25, 2014