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Name Category Published
Greene v. Fisher
Habeas relief is properly denied where state court’s adjudication of defendant’s claim on merits predated Supreme Court’s decision affecting defendant’s claim.
Criminal Law and Procedure Nov. 9, 2011
Marriage of Seaton
Under California and Nevada law, bigamous marriage is void from its inception, even if trial court has not declared marriage void.
Family Law Nov. 9, 2011
Jaramillo v. County of Orange
Court properly awards back pay for period of time between termination and employee's conviction of felony, which would have resulted in discharge anyway.
Employment Law Nov. 9, 2011
Connecticut Retirement Plans and Trust Funds v. Amgen Inc.
When invoking fraud-on-the-market presumption for securities class action certification, plaintiff must prove trade in efficient market and that misrepresentations were public.
Securities Nov. 9, 2011
Metis Development LLC v. Bohacek
Trial court is obligated to issue statement of decision following order denying petition to compel arbitration of claims.
Civil Procedure Nov. 9, 2011
Roberts v. El Cajon Motors Inc.
Court properly finds party waived right to arbitration following five-month delay in filing motion to compel and failure to inform opposing party of intent.
Civil Procedure Nov. 9, 2011
Promenade at Playa Vista Homeowners Association v. Western Pacific Housing Inc.
Developer, which no longer had any ownership interest in complex, lacks standing to enforce arbitration provision in covenants, conditions, and restrictions.
Real Property Nov. 9, 2011
Movsesian v. Versicherung AG
Order
Nov. 8, 2011
Marriage of Guilardi
Family court properly dismisses wife’s request for pendente lite attorney fees based on implicit waiver of fees in marital settlement agreement.
Family Law Nov. 8, 2011
People v. Hall
Trial court may refuse to instruct jury on uncharged lesser-related offense even if both prosecution and defense have agreed that court could issue instruction.
Criminal Law and Procedure Nov. 8, 2011
Jackson v. Hobbs, Dir., AR DOC
Order
Nov. 8, 2011
Sanchez v. Strickland
Plaintiff may recover medical services rendered, billed, and later gratuitously written off by medical provider as benefit recoverable under collateral source rule.
Torts Nov. 8, 2011
KPMG LLP v. Cocchi
Court must compel arbitration of claims subject to Federal Arbitration Act, even where complaint also includes nonarbitrable causes of action.
Civil Procedure Nov. 8, 2011
Bobby v. Dixon
Murder confession is admissible despite prior unwarned admission to forgery where suspect initially denied involvement with victim's disappearance.
Criminal Law and Procedure Nov. 8, 2011
Buck v. Thaler
Order
Nov. 8, 2011
Buck v. Thaler
Order
Nov. 8, 2011
Magner v. Gallagher
Order
Nov. 8, 2011
Miller v. Alabama
Order
Nov. 8, 2011
Gutierrez v. Holder
Immigration Judge is not limited to immediate present, but reasonable period of time, in assessing applicant’s good moral character for purposes of granting registry.
Immigration Nov. 8, 2011
Campbell v. State of Washington Dept. of Social and Health Services
Voluntary participation in state’s assisted living program does not create special relationship subjecting state to affirmative duty of care.
Civil Rights Nov. 8, 2011
U.S. v. Ceballos
Non-binding housing designation recommendation by district court to Bureau of Prisons may not be appealed.
Criminal Law and Procedure Nov. 8, 2011
Roberts v. McAfee Inc.
Anti-SLAPP motion to strike malicious prosecution claims should have been granted where company had probable cause to accuse former general counsel of participating in illegal backdating.
Torts Nov. 8, 2011
Chism v. Washington State
Officers are not entitled to qualified immunity where they acted recklessly by including false statements and omissions in affidavit supporting search warrant.
Civil Rights Nov. 8, 2011
Father M v. Various Tort Claimants
Court may not disclose priest’s personnel files based on mere allegations of sexual abuse, which did not create public interest outweighing confidentiality interests.
Civil Procedure Nov. 8, 2011
Ditullio v. Boehm
Trafficking Victims Protection Act permits victim to recover punitive damages, but does not apply retroactively to conduct occurring before its effective date.
Criminal Law and Procedure Nov. 8, 2011
In re Efstathiou
Statutory amendment, which makes prison gang members placed in administrative segregation units ineligible for conduct credits, does not violate ex post facto.
Criminal Law and Procedure Nov. 7, 2011
Glenn v. Washington County
Officers may not be entitled to qualified immunity from excessive force claim where they fatally shot suicidal teenager who did not pose threat to others’ safety.
Civil Rights Nov. 7, 2011
Executive Benefits Ins. Agency v. Arkison (In the Matter of: Bellingham Ins. Agency, Inc.)
Order
Nov. 7, 2011
People v. Evans
Warrantless search of vehicle is unconstitutional where arrestee is detained and officers have no reasonable belief evidence related to offense would be found.
Criminal Law and Procedure Nov. 7, 2011
People v. Bell
Order
Nov. 4, 2011