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Name Category Published
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
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
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
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
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
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
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
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
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
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
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
Valdez (Ruben) on H.C.
Order
Jun. 23, 2011
People v. Shirley
Order
Jun. 23, 2011
Blumberg v. S.C. (Los Angeles County Sheriff's Department)
Order
Jun. 23, 2011
Lefiell Manufacturing v. Superior Court (Watrous)
Order
Jun. 23, 2011
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
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
People v. Nychay
Order
Jun. 23, 2011
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
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
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
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
Cowan (Robert W.) on Habeas Corpus
Order
Jun. 23, 2011
People v. Ramirez
Order
Jun. 23, 2011
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
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
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
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
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
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