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Name Category Published
Workmen’s Auto Insurance Co. v. Guy Carpenter & Co. Inc.
Although insurance brokers have fiduciary-like duties, reinsurance intermediary-broker cannot be sued for breach of fiduciary duty.
Insurance May 5, 2011
People v. Kennedy
Defendant whose felony conviction required lifetime sex offender registration is not relieved of obligation even after conviction is later reduced to misdemeanor.
Criminal Law and Procedure May 5, 2011
The Grubb Co. Inc. v. Dept. of Real Estate
State Real Estate Commissioner may not discipline real estate licensee based on judgment not procured by clear and convincing evidence.
Real Property May 5, 2011
U.S. v. Sanchez
Denial of defendant’s motion for acquittal is improper when ‘no contact’ order failed to satisfy statute’s requirement of ‘physical force against partner.’
Criminal Law and Procedure May 5, 2011
Bell v. Mason
Defense’s expert witness does not have to show personal examination of plaintiff to establish sufficient foundation regarding evaluation of her mental status.
Civil Procedure May 5, 2011
Liu v. Holder
Adverse credibility finding based on date discrepancy and failure to mention element central to asylum claim does not necessarily support frivolous finding.
Immigration May 4, 2011
Christopher F., a Minor
Juvenile court is not required to appoint director of regional center for developmentally disabled to assist in determining juvenile’s mental competence.
Juveniles May 4, 2011
Singh v. Holder
Asylum application is properly denied when basis of petitioner’s asylum claim was based on admitted falsehoods, supporting adverse credibility determination.
Immigration May 4, 2011
Goodman v. Staples The Office Superstore
When treating physician is hired to render expert opinion beyond scope of treatment, proponent of testimony must provide expert witness report.
Civil Procedure May 4, 2011
Tides v. The Boeing Co.
Sarbanes-Oxley Act’s whistleblower provision does not protect employee’s disclosure of information to media.
Securities May 4, 2011
Palm Property Investments Inc. v. Yadegar
Court errs in refusing to admit registered process server’s declaration, which established presumption that service was properly executed according to applicable statute.
Civil Procedure May 4, 2011
Mendoza v. Wichmann
Defamation action is supported by probable cause where plaintiff knew that alleged defamatory statements in police report had previously been made by defendant.
Torts May 4, 2011
San Diego Unified School District v. Commission on Professional Competence (Lampedusa)
School district's dismissal of teacher based on unfitness for service and immoral conduct is upheld where teacher posted pornographic ad on Craigslist.
Education May 4, 2011
Moore v. Thaler
Order
May 3, 2011
Bazemore v. United States
Order
May 3, 2011
Bobby v. Mitts
Jury instruction given during penalty phase of trial, which instructed jury to consider death penalty or life sentence, does not violate holding of 'Beck v. Alabama.'
Criminal Law and Procedure May 3, 2011
State of Montana v. State of Wyoming
Under doctrine of appropriation, senior water users may improve irrigation systems if there is no change in amount of water diverted.
Real Property May 3, 2011
United States v.Eastern Shawnee Tribe of OK
Order
May 3, 2011
Sonic Automotive v. Watts
Order
May 3, 2011
Cellco Partnership v. Litman
Order
May 3, 2011
Litman v. Cellco Partnership
Order
May 3, 2011
Missoiri Title Loans, Inc. v. Brewer
Order
May 3, 2011
M. B. Z. v. Clinton
Order
May 3, 2011
Compucredit Corp., et al. v. Greenwood
Order
May 3, 2011
Hellum v. Breyer
Corporations Code Section 25504 imposes presumptive liability on directors of any corporation that violated state securities statutes, regardless of directors’ actual control.
Securities May 3, 2011
Nordyke v. King
Denial of motion for leave to amend Second Amendment claim is proper where plaintiffs failed to assert that ordinance increased difficulty of obtaining firearms.
Constitutional Law May 3, 2011
U.S. v. Li
Commonwealth of Northern Mariana Islands is part of U.S for purposes of crime of attempting to enter U.S. at time or place not designated by immigration officers.
Criminal Law and Procedure May 3, 2011
Westwood Apex v. Contreras
Removal by additional counterclaim defendants is not permitted under Class Action Fairness Act of 2005.
Civil Procedure May 3, 2011
Rogel v. Lynwood Redevelopment Agency
In applying negative multiplier to set amount of attorney fees, trial court must not use public entity's status to negate appropriate lodestar.
Attorneys May 3, 2011
People v. Spector
Court does not err in admitting into evidence videotape containing trial judge and criminalist discussing blood splatter location on victim’s hands during retrial.
Criminal Law and Procedure May 3, 2011