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Name Category Published
Stinnett v. Tam
Statute capping amount of noneconomic damages in medical negligence actions against health care providers is constitutional as rationally related to state’s interest.
Constitutional Law Sep. 6, 2011
R.R. Street & Co. Inc. v. Transport Insurance Co.
Court may dismiss mirroring federal action where avoidance of piecemeal litigation and significant progress in state action weighed against exercising jurisdiction.
Civil Procedure Sep. 6, 2011
Samuels v. Holland American Line-USA Inc.
Cruise line does not have duty to warn passenger of dangers associated with swimming at beach where it does not have notice of risk-creating condition.
Maritime Law Sep. 6, 2011
Cuellar de Osorio v. Mayorkas
Child Status Protection Act’s priority date retention does not apply to aged-out derivative beneficiaries whose relatives filed petitions through family-sponsored immigration process.
Immigration Sep. 6, 2011
Payton v. Cullen
Habeas relief is unwarranted where there was no reasonable probability that defendant’s post-traumatic stress disorder defense carried weight.
Criminal Law and Procedure Sep. 6, 2011
Aurora S.A. v. Poizner
California Insurance Commissioner correctly declines to approve sale of insurance company because sale would not be in interest of policyholders.
Insurance Sep. 6, 2011
Kayne v. The Grande Holdings Limited
Court properly issues sanctions for disorganized document production where defendant failed to present evidence that documents were found as such.
Civil Procedure Sep. 6, 2011
PacifiCare of California v. Bright Medical Associates Inc.
Court has authority to determine whether settlement was made in good faith where plaintiff alleged that both entities were jointly responsible for damages.
Civil Procedure Sep. 6, 2011
Stillman v. Board of Retirement of the Fresno County Employees’ Retirement Association
Retirement association must determine compensation upon which retirement benefit is based from Government Code definition of ‘compensation,’ which excludes employer pickup.
Employment Law Sep. 2, 2011
Flagship Theatres of Palm Desert LLC v. Century Theatres Inc.
Plaintiff alleging antitrust injury must show loss from competitive-reducing aspect of defendant’s conduct, not that conduct actually rendered market less competitive.
Antitrust Sep. 2, 2011
People v. Buza
Seizure of DNA pursuant to statute, which required DNA samples from felony arrestees immediately following arrest, violates Fourth Amendment.
Criminal Law and Procedure Sep. 2, 2011
Martin v. PacifiCare of California
Health care service plan is not vicariously liable for acts or omissions of health care provider, which delivered care to plan's subscribers.
Insurance Sep. 2, 2011
People v. Tauch
Order
Sep. 2, 2011
People v. James
Order
Sep. 2, 2011
People v. Voravongsa
Order
Sep. 2, 2011
Steiner v. Superior Court (Volkswagen Group of America)
Order
Sep. 2, 2011
Nalwa v. Cedar Fair
Order
Sep. 2, 2011
Phifer v. Icelandair
Plaintiff does not have to prove that airline violated Federal Aviation Administration standards to establish 'accident' under Article 17 of Montreal Convention.
Torts Sep. 2, 2011
Li v. Holder
Immigration judge properly exercises discretion in denying asylum to alien who entered country in egregious manner that carried high risk of death.
Immigration Sep. 2, 2011
Jackson v. Ryan
Jury instruction adding different language to element of felony murder relieves prosecution of burden to prove every element, violating defendant’s due process rights.
Criminal Law and Procedure Sep. 2, 2011
U.S. v. Lafley
Government has compelling interest in denying convicted drug felon exemption under Religious Freedom Restoration Act to use marijuana during supervised release.
Criminal Law and Procedure Sep. 2, 2011
Hrdlicka v. Reniff
Order
Sep. 2, 2011
U.S. v. Hunt
Court errs in imposing heightened sentence for defendant based on specific drug type, even though defendant never admitted to possessing particular drug.
Criminal Law and Procedure Sep. 2, 2011
Alvarez v. Chevron Corp.
Class action alleging that design of retail gasoline dispensers is flawed due to residual fuel occurrence fails because California’s regulatory scheme precludes liability.
Business Law Sep. 2, 2011
Edna Valley Watch v. County of San Luis Obispo
Prevailing party is entitled to fees incurred in administrative proceedings that were useful and necessary to public interest litigation.
Civil Procedure Sep. 2, 2011
People v. Parodi
Conviction for bringing controlled substance into correctional facility is not ‘nonviolent drug possession offense’ under Substance Abuse and Crime Prevention Act.
Criminal Law and Procedure Sep. 1, 2011
Hernandez-Cruz v. Holder
Order
Sep. 1, 2011
Lockett v. Ericson
Plaintiff's civil rights claim alleging unconstitutional conviction is not barred where conviction was derived from plea, and not dependent on legality of search.
Civil Rights Sep. 1, 2011
In re Forchion
Individual may not statutorily change his name to name of his Web site because confusion might result if use of site is lost.
Civil Procedure Sep. 1, 2011
Roy v. Superior Court (Medical Board of California)
Physician is subject to disciplinary action based on 'sexual relations' with patient, even if physician was mere recipient of sexually intimate contact.
Administrative Agencies Sep. 1, 2011