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Name Category Published
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 Aug. 5, 2011
Cross v. Cooper
Court errs in denying defendant’s anti-SLAPP motion in light of prima facie showing that disclosure of sex offender’s location is protected speech affecting public.
Civil Procedure Aug. 5, 2011
Hartt v. County of Los Angeles
County is immune from dangerous condition claim where claim was based on accident that occurred on recreational park trail.
Torts Aug. 5, 2011
Giorgianni v. Crowley
Under Mandatory Fee Arbitration Act, attorney properly rejects arbitration award by filing request in small claims court for unpaid fees.
Civil Procedure Aug. 5, 2011
Al-Kidd v. Ashcroft,
Order
Aug. 4, 2011
U.S. v. Houston
Government does not violate disclosure duty where recollection of informant's interviewer is substantially similar to evidence of interview notes used by defense.
Criminal Law and Procedure Aug. 4, 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 Aug. 4, 2011
Leonardo v. Crawford
Petitioner alleging prolonged immigration detention must exhaust administrative remedies by appealing to BIA following ‘Casas’ hearing, before seeking habeas review.
Immigration Aug. 4, 2011
Walls v. Central Contra Costa Transit Authority
Employer denies public employee due process where employee did not receive pre-termination hearing, and post-termination procedures were inadequate.
Employment Law Aug. 4, 2011
Close v. Thomas
Bureau of Prisons is not required to prioritize nonviolent offenders, who are eligible for residential drug abuse treatment programs, based on potential early release dates.
Criminal Law and Procedure Aug. 4, 2011
Perfect 10 Inc. v. Google Inc.
In copyright infringement claim, showing of reasonable likelihood of success does not raise presumption of irreparable harm for purposes of preliminary injunctive relief.
Intellectual Property Aug. 4, 2011
Mansur v. Ford Motor Co.
Court properly precludes use of ‘consumer expectations test of design defect’ where accident involved complex evaluation of product’s safety.
Torts Aug. 4, 2011
Palmdale Hills Property LLC v. Lehman Commercial Paper Inc. (In re Palmdale Hills Property LLC)
Debtor must seek equitable subordination of first debtor’s claims by first seeking relief from stay from first debtor’s home bankruptcy court.
Bankruptcy Aug. 4, 2011
Fairbanks v. Farmers New World Life Insurance Co.
Class certification is denied for purported fraudulent business practice claim where plaintiffs failed to show that insurer engaged in uniform misleading conduct.
Business Law Aug. 3, 2011
Price v. Stevedoring Services of America, Inc.
Order
Aug. 3, 2011
Getz v. The Boeing Co.
Government contractor defense bars state-law claims against manufacturers of allegedly defective helicopter because equipment conformed to government- approved specifications.
Government Aug. 3, 2011
U.S. v. Stanley
Co-owner of computer, who had access to all materials, has authority to consent to search of unprotected files found to contain child pornography.
Criminal Law and Procedure Aug. 3, 2011
Lee v. Lampert
Credible claim of actual innocence constitutes equitable exception for filing otherwise untimely habeas petition under Antiterrorism and Effective Death Penalty Act.
Criminal Law and Procedure Aug. 3, 2011
Alpha Delta Chi-Delta Chapter v. Reed
University's nondiscrimination policy, which prohibited organizations from restricting membership on specified bases, including religion, does not violate First Amendment.
Constitutional Law Aug. 3, 2011
Noble v. Adams
Prison officials are entitled to qualified immunity where decision to prolong restriction on prisoners' outdoor exercise following major riot was not deliberately indifferent.
Prisoners Rights Aug. 3, 2011
People v. Cruz
Statute providing probation officer with sole discretion regarding use of monitoring device is unconstitutional because it deprives court of authority to supervise probation conditions.
Criminal Law and Procedure Aug. 3, 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 Aug. 3, 2011
U.S. v. Ressam
Order
Aug. 3, 2011
Dept. of Fish and Game v. Superior Court (Adams)
Trial court applies incorrect legal criteria and makes erroneous legal assumptions in determining whether common issues predominate for purposes of class certification.
Civil Procedure Aug. 3, 2011
Stark v. Superior Court (People)
Provisions criminalizing public officer’s acts and omissions involving public funds require that defendant knew or was criminally negligent in failing to know underlying duties.
Criminal Law and Procedure Aug. 2, 2011
Hinds Investments L.P. v. Angioli
Liability for contributing to disposal of hazardous waste under Resource Conservation and Recovery Act requires active involvement or control over disposal.
Environmental Law Aug. 2, 2011
Aguayo v. U.S. Bank
Post-repossession notices under California’s Rees-Levering Act are not ‘credit-related documents’ subject to National Bank Act preemption.
Banking Aug. 2, 2011
Jachetta v. United States
Federal Torts Claims Act provides waiver of government’s sovereign immunity for plaintiff’s nuisance and breach of fiduciary duties claims under state tort law.
Torts Aug. 2, 2011
Levi H., a Minor
Voluntary declaration of paternity signed by one man trumps other man’s presumed father status.
Juveniles Aug. 2, 2011
City of Woodlake v. Tulare County Grand Jury
Supporting affidavit of good cause is not required when grand jury seeks records of public agency to which it has been given express statutory access.
Civil Procedure Aug. 2, 2011