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Name Category Published
R.S. v. PacifiCare Life and Health Insurance Co.
Plaintiffs' lawsuit in California is barred by full faith and credit clause, which applies to Missouri's compulsory counterclaim rule.
Civil Procedure Apr. 12, 2011
People v. Magee
Defendant does not have reasonable expectation of privacy inside residence he visited as social guest on numerous occasions.
Criminal Law and Procedure Apr. 12, 2011
City of Los Angeles v. Superior Court (Plotkin)
Inverse condemnation claim against city fails where property owners were unable to show plan to use land for public purpose.
Real Property Apr. 12, 2011
People v. Villatoro
Sentence enhancement for use of stun gun during commitment of offenses is supported by expert testimony that device is dangerous and deadly.
Criminal Law and Procedure Apr. 12, 2011
American Modern Home Insurance Co. v. Fahmian
Court errs in determining that insurer is not entitled to reimbursement when it erroneously applied time constraints not required under prevailing case law.
Insurance Apr. 11, 2011
Krikorian Premiere Theatres LLC v. Westminster Central LLC
Order taxing costs on appeal issued by court after remand is immediately appealable as postjudgment order.
Civil Procedure Apr. 11, 2011
United States v. Arizona
State’s immigration policy is properly enjoined because it interferes with Congress’ delegation powers requiring direct supervision of Attorney General in enforcing immigration law.
Constitutional Law Apr. 11, 2011
The Facebook Inc. v. Pacific Northwest Software Inc.
Settlement agreement is enforceable against unknown securities claims, where sophisticated parties engaged in extensive discovery regarding company’s value.
Securities Apr. 11, 2011
Dios v. International Realty & Investments Inc.
Property management company is not ‘debt collector’ under Fair Debt Collection Practices Act where debt collection obligation was obtained before debt was in default.
Business Law Apr. 11, 2011
Garfias-Rodriguez v. Holder
Recidivists who enter U.S. multiple times without inspection are ineligible for adjustment of status even under limited exemption from general rule.
Immigration Apr. 11, 2011
People v. Byrd
Defendant may be sentenced under ‘one strike law’ where simple kidnapping is followed by aggravated kidnapping of same victim in course of events.
Criminal Law and Procedure Apr. 10, 2011
Iversen v. California Village Homeowners Association
Independent contractor plaintiff cannot use Cal-OSHA regulations to establish negligence per se because regulations only apply to employees.
Torts Apr. 10, 2011
McMackin v. Ehrheart
Equitable estoppel may preclude assertion of statute of limitations defense in distribution of property promised by decedent to cohabitant.
Probate and Trusts Apr. 10, 2011
In re Russo
'Some evidence' supports decision to deny parole because inmate explained that his actions on night of crime were unintentional.
Criminal Law and Procedure Apr. 10, 2011
People v. Morgan
Hate crime statute applied to elevate misdemeanor conviction to felony conviction is properly found to be prior serious felony for sentencing purposes.
Criminal Law and Procedure Apr. 7, 2011
Karuk Tribe of California v. United States Forest Service
U.S. Forest Service decision to allow mining operation according to notice of intent does not trigger interagency consulting obligation under Endangered Species Act.
Environmental Law Apr. 7, 2011
Reyes-Torres v. Holder
BIA errs in dismissing motion to reopen filed after petitioner had been removed because ‘departure bar’ does not preclude review.
Immigration Apr. 7, 2011
U.S. v. Greer
Extortion conviction does not require that defendant have specific intent to violate law, but knowledge he was not legally entitled to property he tried to obtain.
Criminal Law and Procedure Apr. 7, 2011
Gardner v. United States Bureau of Land Management
Bureau of Land Management has discretion to allow use of off-road vehicles on land where there is no evidence that land had suffered undue degradation.
Environmental Law Apr. 7, 2011
U.S. v. Delgado-Ramos
Court is not required to inform defendant of immigration consequences of plea where Supreme Court decision merely casts doubt on precedent.
Criminal Law and Procedure Apr. 7, 2011
Gutierrez v. Advanced Medical Optics Inc.
Court must reconsider initial dismissal of case based on adequate alternative forum where foreign forum subsequently denied jurisdiction.
Civil Procedure Apr. 7, 2011
U.S. v. Ewing
Officer has probable cause to search folded bills placed in car’s weather stripping during traffic stop based on totality of circumstances.
Criminal Law and Procedure Apr. 7, 2011
Gonzalez-Medina v. Holder
Asylum application is denied because one-year filing deadline does not violate Equal Protection and domestic abuse in U.S. is not ‘past persecution.’
Immigration Apr. 7, 2011
Z.W., a Minor
Mother forfeits claims concerning defects to contents of final Indian Child Welfare Act notices after having multiple opportunities to correct deficiencies.
Native American Affairs Apr. 7, 2011
Sullivan v. Centinela Valley Union High School District
Probationary teacher may not assert failure of service where he avoided service of decision not to reelect and knew of decision.
Education Apr. 7, 2011
People v. Indiana Lumbermens Mutual Insurance Co.
Court does not lose jurisdiction to declare bond forfeited due to defendant’s failure to attend proceeding where his appearance was not required.
Criminal Law and Procedure Apr. 7, 2011
Vukmirovic v. Holder
Order
Apr. 6, 2011
Vukmirovic v. Holder
'Exceptional circumstances' safe harbor for alien removed in absentia does not apply where he failed to inform government about address change.
Immigration Apr. 6, 2011
A.D. v. Markgraf
Officer is entitled to qualified immunity where reasonable officer would not know shooting driver engaged in high-speed pursuit would violate due process rights.
Constitutional Law Apr. 6, 2011
Strom v. United States
Deferral of tax consequences of stock option exercises is erroneous because there was no reasonable chance that Section 16(b) suit would have succeeded.
Taxation Apr. 6, 2011