| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
10-10338
|
U.S. v. Chapman
Court properly denies defendants’ motion to reopen where subsequent internal memo reinforces dismissal for prosecutorial misconduct that does not constitute fraud. |
Criminal Law and Procedure |
|
Jun. 27, 2011 | |
|
C063517
|
People v. Woodward
‘One Strike Law’ requires pleading of any fact serving to increase penalty, not absence of fact that might decrease penalty sought. |
Criminal Law and Procedure |
|
Jun. 27, 2011 | |
|
C064973
|
Fuchino v. Edwards-Buckley
County is responsible for emergency and medically necessary ambulance services provided to indigent resident even if emergency arose in different county. |
Government |
|
Jun. 27, 2011 | |
|
A129584
|
Latinos Unidos de Napa v. City of Napa
Calculation of 30-day period for purposes of posting notice of determination excludes first day of posting, but includes last day. |
Civil Procedure |
|
Jun. 27, 2011 | |
|
G041225
|
People v. Sifuentes
Doctrine of constructive possession does not support conviction for possession of firearm by felon where defendant did not have right to control gun. |
Criminal Law and Procedure |
|
Jun. 27, 2011 | |
|
D058725
|
People v. Superior Court (Lauren M.)
Court lacks authority to order district attorney’s office to negotiate medical bills on behalf of victim under Hospital Fair Pricing Act. |
Juveniles |
|
Jun. 27, 2011 | |
|
G043502
|
Orange County Water District v. The Arnold Engineering Co.
Law firm is not disqualified from representing government entity in public nuisance action on contingent-fee basis where entity did not bring action on public's behalf. |
Attorneys |
|
Jun. 26, 2011 | |
|
D057527
|
People v. James
Court may consider dismissed prior strike for purposes of sentencing, and enhanced custody credit provisions do not require pleading and proof. |
Criminal Law and Procedure |
|
Jun. 26, 2011 | |
|
10-15359
|
Nichols v. Dancer
Public employer may not interfere with employee’s First Amendment rights absent evidence that employee’s conduct caused or may reasonably cause future workplace disruption. |
Civil Rights |
|
Jun. 26, 2011 | |
|
07-74047
|
Pagayon v. Holder
Immigration judge may consider alien’s admissions, corroborated by specified set of conviction record documents, as evidence of removability. |
Immigration |
|
Jun. 26, 2011 | |
|
09-60054
|
J.J. Re-Bar Corp. Inc. v. United States (In re J.J. Re-Bar Corp. Inc.)
Anti-Injunction Act prohibits lawsuit alleging that debtor’s confirmed plan of reorganization precludes IRS from assessing trust fund recovery penalty. |
Bankruptcy |
|
Jun. 26, 2011 | |
|
S183602
|
Valdez (Ruben) on H.C.
Order |
|
Jun. 23, 2011 | ||
|
S193117
|
People v. Shirley
Order |
|
Jun. 23, 2011 | ||
|
S192074
|
Blumberg v. S.C. (Los Angeles County Sheriff's Department)
Order |
|
Jun. 23, 2011 | ||
|
S192759
|
Lefiell Manufacturing v. Superior Court (Watrous)
Order |
|
Jun. 23, 2011 | ||
|
10-235
|
CSX Transportation Inc. v. McBride
Causation standard in Federal Employers' Liability Act requires that railroad 'caused or contributed' to injury, and does not incorporate 'proximate cause.' |
Torts |
|
Jun. 23, 2011 | |
|
09-10876
|
Bullcoming v. New Mexico
Forensic report created to serve as evidence in criminal proceeding is testimonial and defendant has right to confront analyst who prepared report. |
Criminal Law and Procedure |
|
Jun. 23, 2011 | |
|
S192551
|
People v. Nychay
Order |
|
Jun. 23, 2011 | ||
|
09-993
|
PLIVA Inc. v. Mensing
Federal drug regulations preempt state drug labeling law, which requires manufacturers to independently change labels to render them reasonably safe. |
Torts |
|
Jun. 23, 2011 | |
|
09-10245
|
Freeman v. U.S.
Court has authority to consider sentencing amendments reducing defendant’s applicable range, even when defendant is sentenced subject to plea agreement. |
Criminal Law and Procedure |
|
Jun. 23, 2011 | |
|
10-779
|
Sorrell v. IMS Health Inc.
Vermont law prohibiting use of prescriber-identifying information by pharmaceutical manufacturers unconstitutionally burdens speech without adequate justification. |
Constitutional Law |
|
Jun. 23, 2011 | |
|
10-179
|
Stern v. Marshall
Although bankruptcy court has statutory authority to issue final judgment on state tort counterclaim, it lacks constitutional authority do so. |
Bankruptcy |
|
Jun. 23, 2011 | |
|
S158073
|
Cowan (Robert W.) on Habeas Corpus
Order |
|
Jun. 23, 2011 | ||
|
S192558
|
People v. Ramirez
Order |
|
Jun. 23, 2011 | ||
|
S181627
|
Diaz v. Carcamo
Court may not admit evidence of employee’s driving record supporting plaintiff’s negligent hiring claim where employer has already admitted vicarious liability. |
Torts |
|
Jun. 23, 2011 | |
|
S075726
|
People v. Moore
Criminal defendant does not have right to hybrid representation because right to be represented and right to self-representation are mutually exclusive. |
Criminal Law and Procedure |
|
Jun. 23, 2011 | |
|
S182629
|
Shalant v. Girardi
Defendants may not seek dismissal of action filed by vexatious litigant who filed litigation through counsel but lost representation while action was pending. |
Civil Procedure |
|
Jun. 23, 2011 | |
|
07-56098
|
SEC v. Todd
Securities fraud conviction is proper where witnesses testified regarding appropriateness of accounting practices, regardless of specific citation to generally accepted accounting principles. |
Securities |
|
Jun. 23, 2011 | |
|
09-35703
|
Probert v. Family Centered Services of Alaska Inc.
Overtime provisions in Fair Labor Standards Act do not cover organization that operates homes where 'house parents' provided residences for emotionally disturbed children. |
Employment Law |
|
Jun. 23, 2011 | |
|
10-10088
|
U.S. v. Renzi
Congressman may not invoke Speech and Debate Clause to preclude extortion charges where his negotiations with private parties involved promises of future favorable legislation. |
Criminal Law and Procedure |
|
Jun. 23, 2011 |
