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Name Category Published
Shugart v. The Regents of the University of California
Summary judgment is improper where declaration does not include documents relied on by expert, but is already before court and raises triable issues.
Civil Procedure Sep. 25, 2011
People v. Gari
'Coram nobis' writ relief is unavailable to petitioner who failed to show existence of fact that was not presented at trial and would have prevented his conviction.
Criminal Law and Procedure Sep. 25, 2011
Dukes v. Wal-Mart Stores, Inc.
Order
Sep. 25, 2011
U.S. v. Fitch
Following fraud and money laundering convictions, sentencing court may consider uncharged premeditated murder to support drastic upward departure from Sentencing Guidelines.
Criminal Law and Procedure Sep. 25, 2011
Al Haramain Islamic Foundation v. U.S. Dept. of the Treasury
Substantial evidence supports Office of Foreign Assets Control's designation of nonprofit organization as 'specially designated global terrorist,' justifying freeze on organization's assets.
Government Sep. 25, 2011
Confederated Tribes and Bands of the Yakama Indian Nation v. Gregoire
Washington cigarette tax requiring Indian tribe to collect tax from non-Indian purchasers is valid because 'legal incidence' of tax does not fall on tribe.
Native American Affairs Sep. 25, 2011
U.S. v. Rivera
Eight-level offense level increase is proper where theft offense qualified as aggravated felony based on judicially-noticeable documents.
Criminal Law and Procedure Sep. 25, 2011
Gonzales v. Arrow Financial Services LLC
Cumulative recovery is allowed under complementary federal and state statutes, which protect consumers from unlawful debt collection practices.
Constitutional Law Sep. 25, 2011
Magness v. Superior Court (People)
Order
Sep. 23, 2011
People v. Butler
Order
Sep. 23, 2011
Duong (Senh) on Habeas Corpus
Order
Sep. 23, 2011
Wright v. Superior Court (People)
Order
Sep. 23, 2011
Davis v. Superior Court (People)
Order
Sep. 23, 2011
Page v. Superior Court (People)
Order
Sep. 23, 2011
Villa v. Superior Court (People)
Order
Sep. 23, 2011
Communities for a Better Environment v. P.U.C. (Pacific Gas & Electric)
Order
Sep. 23, 2011
Golden Hill Neighborhood Association Inc. v. City of San Diego
City’s failure to show proportionality of assessments charged against its park and open areas invalidates votes establishing creation of special district.
Government Sep. 22, 2011
Winterton v. Humitech of Northern California LLC (In re Blue Pine Group Inc.)
Bankruptcy court's imposition of sanctions against attorney is appropriate where he filed bankruptcy without corporate authorization and failed to conduct reasonable inquiry.
Bankruptcy Sep. 22, 2011
Cole v. Holder
Denial of application for relief under Convention Against Torture is improper because BIA failed to give reasoned consideration to potentially dispositive expert testimony.
Immigration Sep. 22, 2011
Prellwitz v. Sisto
Court lacks jurisdiction to review district court’s order instructing Board of Parole Hearings to conduct new hearing because order was not final decision.
Criminal Law and Procedure Sep. 22, 2011
GoPets Ltd. v. Hise
Re-registration of domain name does not violate Anticybersquatting Consumer Protection Act's prohibition on registration of names that are confusingly similar to service marks.
Intellectual Property Sep. 22, 2011
People v. Superior Court (O’Connor)
Inability to complete evaluations due to increased workload and staff shortages is not ‘exigent circumstance’ establishing good cause for 45-day hold on release.
Criminal Law and Procedure Sep. 22, 2011
Tomra Pacific Inc. v. Chiang
Loans between state funds to help balance state budget are lawful where provisions do not violate single-subject rule prohibiting legislation with multiple subjects.
Government Sep. 22, 2011
Palmdale Hills Property LLC v. Lehman Commercial Paper Inc. (In re Palmdale Hills Property LLC)
Master repurchase agreements that clearly indicate parties’ intent that all transactions be treated as sales and purchases are true sales, not secured transactions.
Bankruptcy Sep. 21, 2011
BAC Home Loans Servicing LP v. Abdelgadir (In re Abdelgadir)
Petition date is determinative date for whether claim is secured by debtor’s principal residence subject to anti-modification provision in Bankruptcy Code.
Bankruptcy Sep. 21, 2011
Pacific Resource Credit Union v. Fish (In re Fish)
Creditor’s pre-deadline filings indicating amounts due on loans and intent to hold debtor liable constitute informal proof of claim, relating back to original filing.
Bankruptcy Sep. 21, 2011
Lopez v. Pacific Maritime Association
Plaintiff’s claims for disparate treatment and impact fail where he did not present some evidence of one-strike rule's disparate impact on recovered addicts.
Employment Law Sep. 21, 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 Sep. 21, 2011
Maya v. Centex Corp.
Homeowners have standing to sue housing developers for injuries allegedly caused by marketing neighboring homes to individuals with high risk of foreclosure.
Real Property Sep. 21, 2011
U.S. v. Pool
Order
Sep. 20, 2011