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Woods v. Sinclair
Habeas petitioner’s procedural default on claims in death penalty case may be excused due to post-conviction counsel’s ineffective assistance, if substantial.
Criminal Law and Procedure Aug. 25, 2014
Lai v. Holder
Asylum applicant’s omission of wife’s arrest on written application, which he later testified to on cross-examination, is insufficient to uphold adverse credibility finding.
Immigration Aug. 25, 2014
U.S. v. Fowlkes
Forcible removal of drugs from defendant's rectum during warrantless body cavity search by officers without medical training violates Fourth Amendment.
Criminal Law and Procedure Aug. 25, 2014
Murphy v. Sloan
Mother may not return daughter to Ireland from U.S., where child was habitual resident, because parents only intended to move her to Ireland for 'trial period.'
International Law Aug. 25, 2014
DeLuca v. Seare (In re Seare)
Bankruptcy attorney may be sanctioned for failing to obtain client’s informed consent limiting scope of representation to not include adversary proceeding.
Bankruptcy Aug. 25, 2014
Dameron Hospital Association v. AAA Northern California
Emergency room operator may not collect difference between customary charges and negotiated rates from third party tortfeasors under contract with patients’ insurer.
Health Care Aug. 25, 2014
United Health Centers of the San Joaquin Valley Inc. v. Superior Court (Vradenburg-Haworth)
Arbitration award is improperly vacated based on arbitrator’s failure to disclose, where trial court could have found counsel forfeited right to vacate on that basis.
Civil Procedure Aug. 25, 2014
Pedro v. City of Los Angeles
LAPD Board of Rights incorrectly defers to chief of police's determination in case of officer who used police vehicle for personal business.
Government Aug. 25, 2014
Rando v. Harris (Quintero)
Attorney General correctly rejects application by City of Glendale residents to sue city based on appointment of former council member to vacant position.
Government Aug. 24, 2014
Shaw v. Superior Court (THC-Orange County Inc.)
Former health facility employee has right to jury trial on her action for money damages alleging retaliation for her complaints about conditions at facility.
Employment Law Aug. 24, 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 Aug. 24, 2014
Hernandez v. Spearman
Prisoner’s federal habeas corpus petition is considered filed at moment it was delivered to prison officials, even if another prisoner delivered petition to officials.
Criminal Law and Procedure Aug. 24, 2014
Rendon v. Holder
California conviction for attempted second-degree burglary of vehicle is not an aggravated felony that renders petitioner ineligible for cancellation of removal.
Immigration Aug. 24, 2014
Mastro v. Rigby
Fugitive who fled to France may appeal judgment finding her liable for fraudulently transferring more than $1 million in bankruptcy estate assets.
Bankruptcy Aug. 24, 2014
Doyle v. OneWest Bank FSB
District court must determine citizenship of proposed plaintiff class based on complaint on date case became removable for purposes of Class Action Fairness Act exceptions.
Civil Procedure Aug. 24, 2014
People v. Baniani
Medical marijuana collective operator is entitled to jury instruction on MMPA defense because evidence showed collective was not profit-making enterprise.
Criminal Law and Procedure Aug. 24, 2014
Riley (Charles) on H.C.
Order
Aug. 22, 2014
Kallman & Co. LLP v. Gottlieb (In re Lewis)
Bankruptcy court properly allows non-debtor spouse to purchase debtor’s claims when third party’s prior purchase of same claims was not consummated.
Bankruptcy Aug. 21, 2014
People v. Lucas
Throat-slashing killer fails to overturn multiple murder convictions and death sentence because joinder of other similar cases did not result in prejudice.
Criminal Law and Procedure Aug. 21, 2014
Martinez v. Aero Caribbean
California may not decide action because service of process on foreign corporation’s officer in state did not authorize personal jurisdiction over corporation.
Civil Procedure Aug. 21, 2014
Mayes v. Premo
Trial court's credit to prosecution’s race-neutral explanations for striking black potential jurors is not objectively unreasonable based on comparative analysis.
Criminal Law and Procedure Aug. 21, 2014
United States v. Cyr
Canadian citizen’s bulk cash smuggling of $132,245 into U.S. properly results in forfeiture of entire amount, where it was likely connected to drug trafficking.
Criminal Law and Procedure Aug. 21, 2014
Kesner v. S.C. (Pneumo Abex LLC.)
Order
Aug. 21, 2014
Haver v. BNSF Railway Co.
Order
Aug. 21, 2014
People v. Brown
Order
Aug. 21, 2014
People v. Tirey
Order
Aug. 21, 2014
Federated University Police Officers Association v. S.C. (Los Angeles Times Communications)
Order
Aug. 21, 2014
Coleman v. Medtronic
Order
Aug. 21, 2014
In re Felicity S.
Order
Aug. 21, 2014
Kaufman v. Diskeeper Corp.
While seeking contract-based attorney fees, prevailing defendant is not required to file memorandum of costs in addition to its attorney fees motion.
Civil Procedure Aug. 21, 2014