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Name Category Published
Motheral v. WCAB
Value of employee’s living quarters, utilities, and car allowance should be considered in calculation of average weekly earnings and resulting disability payment. 		Workers' Compensation Sep. 14, 2011
Templo Calvario Spanish Assembly of God v. Gardner Construction Corp.
Contract entered into by unlicensed contractor is not automatically illegal and void, and therefore, arbitrator may arbitrate dispute. 		Contracts Sep. 14, 2011
Karuk Tribe of California v. United States Forest Service
Order 		Sep. 13, 2011
Louis Vuitton Malletier S.A. v. Akanoc Solutions Inc.
In action for copyright infringement, court errs in providing jury instruction to specify amount of statutory damages as to each defendant, rather than number of protected works. 		Intellectual Property Sep. 13, 2011
Rosas-Castaneda v. Holder
Denial of petition for cancellation of removal is erroneous since record of conviction was inconclusive as to whether conviction was for aggravated felony. 		Immigration Sep. 13, 2011
Fiore v. Walden
Court has personal jurisdiction over DEA agent whose acts regarding falsified affidavit and delay in returning seized cash were expressly aimed at forum state. 		Civil Procedure Sep. 13, 2011
Chevron U.S.A. Inc. v. M&M Petroleum Services Inc.
Franchisor may recover attorney fees against franchisee where franchisee brought frivolous counterclaim against franchisor under Petroleum Marketing Practices Act. 		Civil Procedure Sep. 13, 2011
Robinson v. Countrywide Home Loans Inc.
No cause of action exists for preemptive suit challenging entity's standing to initiate foreclosure. 		Real Property Sep. 13, 2011
Apple Inc. v Franchise Tax Board
Last-in-first-out proration of repatriated dividends deters abuse and double taxation by preventing company from declaring what year’s earnings are being distributed. 		Taxation Sep. 13, 2011
In re Cabrera
Inmate’s possession of drawings signed by gang affiliate does not show direct link between two to support inmate’s validation as gang member. 		Criminal Law and Procedure Sep. 12, 2011
Santiago-Rodriguez v. Holder
Attorney’s admission of allegations on behalf of alien in removal proceedings is egregious circumstance where admission is not probative of truth of allegation. 		Immigration Sep. 12, 2011
U.S. v. McCarty
Airport search of defendant’s luggage, which was conducted during course of limited administrative search, is not unlawful. 		Criminal Law and Procedure Sep. 12, 2011
Solis v. State of Washington Dept. of Social and Health Services
Social workers do not come within 'learned professional' exemption from overtime pay where position required degree or coursework in one of several academic disciplines. 		Employment Law Sep. 12, 2011
Ross v. California Coastal Commission (Malibu Bay Co.)
Five-foot buffer for dune environmentally sensitive habitat area adjacent to beachfront development does not conflict with city’s development standards. 		Environmental Law Sep. 12, 2011
Marriage of Margulis
Upon showing of value of community assets by nonmanaging spouse, burden shifts to managing spouse to prove proper disposition or lesser value of assets. 		Family Law Sep. 12, 2011
El-Attar v. Hollywood Presbyterian Medical Center
Elected committee must appoint hearing panel and may not delegate this task to governing board in absence of contrary bylaw provision. 		Civil Procedure Sep. 9, 2011
People v. Julian
Defendant’s manslaughter conviction may be enhanced based on grievous injuries to other victims, but not victim’s own injuries. 		Criminal Law and Procedure Sep. 9, 2011
Singh v. Holder
Delay in filing of asylum application is reasonable where filing occurred within six months of lawful nonimmigrant status expiration, and in light of government’s delay. 		Immigration Sep. 9, 2011
Michael P. v. Dept. of Education, State of Hawaii
State regulations requiring exclusive reliance on ‘severe discrepancy model’ to determine eligibility for special education services violate Individuals with Disabilities Education Act. 		Education Sep. 9, 2011
Adams v. United States
Federal government properly invokes statute of limitations in Federal Tort Claims Act by sending denial letters that qualified as certified mail. 		Torts Sep. 9, 2011
U.S. v. Santini
Evidence based on vague ‘rap sheet’ is inadmissible to support allegation that defendant had extensive prior law enforcement contacts. 		Criminal Law and Procedure Sep. 9, 2011
P.C., a Minor
Juvenile court's adoption order is proper where clear and convincing evidence shows that child is likely to be adopted despite severe medical problems. 		Juveniles Sep. 9, 2011
Gray v. Kelly
Application for stay of district court's briefing schedule until court acts on petition for writ of certiorari is denied because petitioner invoked inapplicable standard. 		Criminal Law and Procedure Sep. 8, 2011
Sivak v. Hardison
Defendant’s due process rights are violated where state’s failure to correct informant’s false testimony prejudiced defendant at penalty phase. 		Criminal Law and Procedure Sep. 8, 2011
Cervantes v. Countrywide Home Loans Inc.
Dismissal of wrongful foreclosure claim without leave to amend is proper because Arizona state law does not recognize such cause of action. 		Civil Procedure Sep. 8, 2011
U.S. v. Rodgers
Probable cause to arrest passenger does not create automatic probable cause to search vehicle without facts indicating vehicle contains evidence of crime. 		Criminal Law and Procedure Sep. 8, 2011
U.S. v. Cisneros-Resendiz
Failure to advise alien of right to withdraw application for admission is not fundamentally unfair where alien failed to establish factors directly relating to inadmissibility. 		Immigration Sep. 7, 2011
Diaz v. Brewer
Preliminary injunction properly bars enforcement of Arizona law that would have prohibited state employees' same-sex partners from obtaining health care benefits. 		Constitutional Law Sep. 7, 2011
Carrico v. City and County of San Francisco
Residential landlords lack standing to bar enforcement of amendment to rent-stabilization ordinance because they failed to allege intent to violate statute. 		Constitutional Law Sep. 7, 2011
Ybarra v. McDaniel
Petitioner exhausts state claim regarding denial of change of venue motion where denial was reviewed on interlocutory appeal. 		Criminal Law and Procedure Sep. 7, 2011
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