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Name Category Published
Salas v. Sierra Chemical Co.
After-acquired-evidence doctrine bars employee’s claims where employer would have refused to hire employee based on use of counterfeit Social Security card.
Employment Law Aug. 10, 2011
Pantoja v. Anton
‘Me-too’ evidence is erroneously excluded where acts of defendant’s harassment show discriminatory or biased intent based on gender.
Employment Law Aug. 10, 2011
People v. Battle
Use of peremptory challenge to strike African-American prospective juror does not violate defendant's rights because record did not show discriminatory intent.
Criminal Law and Procedure Aug. 10, 2011
H.C., a Minor
Parent does not have due process right to appointed counsel in probationary guardianship proceeding.
Juveniles Aug. 10, 2011
People v. Bryant
Court must instruct jury on voluntary manslaughter where substantial evidence showed that defendant did not subjectively appreciate that her conduct endangered victim's life.
Criminal Law and Procedure Aug. 10, 2011
County of Los Angeles v. American Contractors Indemnity Co.
No defense to bail forfeiture exists on ground that surety’s risk has been materially increased due to additional charges included in later-filed complaint.
Criminal Law and Procedure Aug. 10, 2011
Misik v. D’Arco
Plaintiff’s failure to allege alter ego theory does not preclude motion to amend judgment where alter ego had virtual representation in underlying litigation.
Corporations Aug. 10, 2011
U.S. v. Porta
Court decision to allow supplemental arguments does not result in impermissible coercion where court did not inquire into reasons for jury’s deadlock.
Criminal Law and Procedure Aug. 9, 2011
U.S. v. Aguilar-Reyes
Under Federal Rule of Criminal Procedure 35(a), district court does not have jurisdiction to resentence defendant over 14 days after initial sentencing.
Criminal Law and Procedure Aug. 9, 2011
U.S. v. Washington
Motion is disguised successive motion under 28 U.S.C. Section 2255 where it alleged claims, rather than defect, in integrity of federal habeas proceedings.
Criminal Law and Procedure Aug. 9, 2011
CollegeSource Inc. v. AcademyOne Inc.
Non-resident corporation, which maintained college course catalogs on websites, is subject to specific personal jurisdiction based on misappropriation of catalogs from competing website.
Civil Procedure Aug. 9, 2011
Mavrix Photo Inc. v. Brand Technologies Inc.
Non-resident defendant is subject to specific personal jurisdiction where website’s intentional reposting of allegedly infringing photos was aimed at forum state.
Civil Procedure Aug. 9, 2011
Sacks v. SEC
SEC errs in adopting rule that retroactively prohibits individuals who have been banned from securities industry from representing parties in securities-related arbitration.
Securities Aug. 9, 2011
U.S. v. Juvenile Male
Order
Aug. 9, 2011
People ex rel. Harris v. Black Hawk Tobacco Inc.
Court properly issues preliminary injunction enjoining sales of cigarettes to non-Indians on trust lands held by federally-recognized tribe.
Native American Affairs Aug. 9, 2011
Powell v. County of Orange
Motion asking trial court to decide same matter previously ruled on constitutes motion for reconsideration, which is not appealable following order of denial.
Civil Procedure Aug. 9, 2011
Rappaport v. Gelfand
Individual partner in limited liability partnership is not personally liable for dissociating partner’s buyout absent prior agreement to be held liable.
Attorneys Aug. 9, 2011
Service Employees International Union Local 1000 v. Brown
Furlough program implemented by Budget Act is applicable only to agencies with ‘item of appropriation’ under Act.
Government Aug. 8, 2011
People v. Green
Aggregation of losses to support sentence enhancement for loss exceeding $50,000 is improper where losses were sustained from two distinct schemes of embezzlement.
Criminal Law and Procedure Aug. 8, 2011
U.S. v. Stinson
Venue is proper in district where defendant committed essential conduct of committing violent crime, even where physical element of crime occurred elsewhere.
Criminal Law and Procedure Aug. 8, 2011
Ginsberg v. Northwest Inc.
Airline Deregulation Act does not preempt contract claim based on doctrine of good faith and fair dealing.
Contracts Aug. 8, 2011
K2 America Corp. v. Roland Oil & Gas LLC
Federal jurisdiction does not exist over lawsuit alleging only state law claims, despite dispute involving lands held by government in trust for Indian allottees.
Civil Procedure Aug. 8, 2011
Arcadia Development Co. v. City of Morgan Hill
City ordinance restricting development on one undeveloped parcel in agricultural area for 10 years does not violate equal protection.
Real Property Aug. 8, 2011
Paton v. Advanced Micro Devices Inc.
Summary judgment is improper where evidence does not conclusively show employer’s sabbatical program did not qualify as vacation under Labor Code.
Employment Law Aug. 8, 2011
S.H., a Minor
Juvenile court may not refuse to revisit issue of whether mother should receive reunification services following termination of minor's prior guardianship.
Juveniles Aug. 8, 2011
U.S. v. Bingham
Convictions for murders as violent crimes in aid of racketeering are sufficiently supported by evidence that defendant gave order to go to war with prison gang.
Criminal Law and Procedure Aug. 5, 2011
U.S. v. Espinoza-Baza
Court may exclude defendant’s proferred evidence regarding grandfather’s alienage to prove his own alienage due to limited probative value and potential for confusion.
Criminal Law and Procedure Aug. 5, 2011
Johnson v. Lucent Technologies Inc.
Retaliation claim under Section 1981 of Civil Rights Act of 1866 is governed by four-year statute of limitations.
Civil Rights Aug. 5, 2011
Estate of Petter v. Commissioner of Internal Revenue
Taxpayer is entitled to charitable deduction for additional units of LLC, which foundations were to receive, because transfer was not dependent on condition precedent.
Taxation Aug. 5, 2011
Ames v. PUC (Southern California Edison Co.)
PUC is not required to approve individual demand reduction proposal simply due to cost effectiveness where utilities’ overall demand reduction programs favor other proposals.
Administrative Agencies Aug. 5, 2011