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Gallardo v. United States
Student may argue for tolling of two-year limitations period to bring Federal Tort Claims Act claim, although she filed claim four years after alleged sexual assault.
Torts Apr. 16, 2014
U.S. v. Charles
Prisoner who received 204-month sentence based on Career Offender Guideline is not eligible for sentence reduction under amendment to crack cocaine guidelines.
Criminal Law and Procedure Apr. 16, 2014
Meritage Homes of Nevada Inc. v. Federal Deposit Insurance Corp.
FDIC may satisfy judgment with receiver’s certificate, rather than cash payment, because otherwise, creditors would ‘jump the line’ and recover unfairly.
Civil Procedure Apr. 16, 2014
Yokeno v. Sekiguchi
District Court of Guam lacks authority to decide business dispute between permanent resident of Guam and defendants who lived in Japan.
Civil Procedure Apr. 16, 2014
Jackson v. Barnes
Convicted murderer may sue for constitutional violations that occurred during his first murder trial, even if second jury found him guilty once again.
Civil Rights Apr. 16, 2014
People v. Castillolopez
Man is not guilty of carrying concealed ‘dirk’ or ‘dagger’ based on his possession of pocketknife, because knife’s blade was not locked into position.
Criminal Law and Procedure Apr. 16, 2014
Medical Board of California v. Chiarottino
Medical Board of California does not violate patients’ rights by accessing records of their doctor’s prescribing history to investigate possible substance abuse.
Health Care Apr. 16, 2014
White v. County of Los Angeles
District Attorney’s office may order medical reevaluation of employee without violating FMLA after restoring her employment pursuant to doctor’s certification.
Employment Law Apr. 16, 2014
Roger Cleveland Golf Co. Inc. v. Krane & Smith APC
One-year limitations period for malicious prosecution action against plaintiff’s former attorneys must be tolled while appeal is pending.
Attorneys Apr. 16, 2014
People v. Archuleta
Expert witness’ use of hearsay statement by gang member about defendant violates confrontation clause rights, but does not affect jury’s verdict.
Criminal Law and Procedure Apr. 15, 2014
Jin v. Holder
Chinese citizen, who claimed he was persecuted for practicing Christianity, is denied asylum because he lied about arrest, church membership and place of residence.
Immigration Apr. 15, 2014
In re Champion
Capital murderer is not entitled to habeas relief from conviction, despite trial attorney’s failure to present evidence against involvement in other crimes.
Criminal Law and Procedure Apr. 15, 2014
Kalenian v. Insen
Beneficiaries in probate dispute may appeal generally unappealable order, because they were not given notice of prior judgment against them.
Probate and Trusts Apr. 15, 2014
People v. Chilelli
Trial court must award slightly fewer presentence conduct credits to stalker based on law in effect when he stopped, rather than started, stalking victim.
Criminal Law and Procedure Apr. 15, 2014
Global Hawk Insurance Co. v. Le
Insurer may have to defend employer due to its refusal to pay driver for injuries suffered while on cross-country trip, if driver is not an employee.
Insurance Apr. 15, 2014
Gordon v. Deloitte & Touche LLP Group Long Term Disability Plan
Disabled woman may not seek additional benefits under ERISA years after insurer terminated payments, despite its decision to reopen case after filing deadline.
Employment Law Apr. 14, 2014
U.S. v. Villalobos
Attorney’s conviction for attempted extortion is upheld, despite instructional error, because he threatened to have client impede criminal investigation, in return for money.
Criminal Law and Procedure Apr. 14, 2014
U.S. v. Gillenwater
District court properly orders involuntary medication of delusional man, who sent several threatening emails to government officials and employees for more than a year.
Criminal Law and Procedure Apr. 14, 2014
Drescher v. Gross
Parents may contractually agree to make order for adult child support non-modifiable to restrict court's authority to alter college expense obligation.
Family Law Apr. 14, 2014
Perkin v. San Diego Gas & Electric Co.
Homeowners may not toll limitations period for claim against San Diego Gas & Electric Co. based on previously filed class action that did not provide notice of claims.
Torts Apr. 14, 2014
Grupp v. DHL Express (USA) Inc.
Federal law preempts California whistleblower action against DHL Express, alleging that jet fuel surcharge on delivery services was excessive and fraudulent.
Government Apr. 14, 2014
People v. Hubbard
Order
Apr. 11, 2014
Larkin v. W.C.A.B. (City of Marysville)
Order
Apr. 11, 2014
Williams (Gary Donnell) on H.C.
Order
Apr. 11, 2014
People v. Elizalde
Order
Apr. 11, 2014
Salazar v. Superior Court (People)
Order
Apr. 11, 2014
Drummond v. Luedtke (In re Luedtke)
Bankruptcy debtors may not claim ‘older vehicle operating expense’ to lower their disposable income by $200 per month when formulating bankruptcy plan.
Bankruptcy Apr. 11, 2014
Horath v. Hess
Car accident victim is bound by stipulation to accept lesser of arbitrator’s award and $100,000 in full satisfaction of judgment, despite award over $300,000.
Civil Procedure Apr. 11, 2014
City of San Jose v. Superior Court (Smith)
Communications made by public employees through their private electronic devices are not ‘public records’ that must be made available to the public.
Government Apr. 11, 2014
Marriage of Lin
Ex-husband has 180 days, rather than 60 days, to appeal domestic violence restraining order, which was improperly served, even if he was present at hearing on order.
Family Law Apr. 11, 2014