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Name Category Published
OneBeacon Insurance Co. v. Haas Industries Inc.
Subrogated insurer has standing to sue carrier for value of lost goods under Carmack Amendment where insured fell within bill of lading's definition of 'shipper.'
Insurance Mar. 10, 2011
U.S. v. Eriksen
Trustee of 401(k) retirement plan commits embezzlement by failing to contribute to plan and using employee contributions for operating expenses.
Criminal Law and Procedure Mar. 10, 2011
Marriage of Kochan
Court’s order of spousal support is improper when based on increased earning capacity if spouse took retirement, rather than actual earnings.
Family Law Mar. 10, 2011
Gerbosi v. Gaims, Weil, West & Epstein LLP
Denial of anti-SLAPP motion is proper when plaintiff’s illegal wiretapping claim was unrelated to defendant law firm's representation of client.
Civil Procedure Mar. 10, 2011
D.W., a Minor
Notice sent to tribes under Indian Child Welfare Act is adequate despite misspelling of child's paternal grandmother's first name.
Native American Affairs Mar. 10, 2011
Taniguchi v. Kan Pacific Saipan Ltd.
Prevailing party is properly awarded costs for translation services where such interpretation was necessary to litigation.
Civil Procedure Mar. 9, 2011
Alameda County Management Employees Association v. Superior Court
Court must meet and confer with representative of employee organization before changing seniority and demotion rights of its members.
Labor Law Mar. 9, 2011
Houston v. Schomig
No conflict of interest exists where public defender’s office, but not attorney himself, previously represented key witness against defendant.
Criminal Law and Procedure Mar. 9, 2011
Network Automation Inc. v. Advanced Systems Concepts Inc.
Court errs in basing infringement analysis on ‘Internet trinity’ factors, failing to apply infringement factors flexibly based on specific case.
Intellectual Property Mar. 9, 2011
People v. Bauer
Defendant is not entitled to reinstatement of Proposition 36 probation because he made no effort to comply with drug treatment condition.
Criminal Law and Procedure Mar. 9, 2011
Candari v. Los Angeles Unified School District
Back pay award is proper where school district fails to show comparable position was available to employee after termination in support of 'failure to mitigate' defense.
Employment Law Mar. 9, 2011
Milner v. Department of the Navy
Explosives maps and data do not qualify for withholding under Exemption 2 of Freedom of Information Act, which only encompasses records relating to human resources.
Administrative Agencies Mar. 8, 2011
Wall v. Kholi
Motion to reduce sentence under state law is application for ‘collateral review’ triggering tolling provision under Antiterrorism and Effective Death Penalty Act.
Criminal Law and Procedure Mar. 8, 2011
Skinner v. Switzer
Federal court has jurisdiction to hear defendant’s civil rights claim challenging state’s refusal to release DNA evidence pursuant to state’s post-conviction DNA statute.
Civil Rights Mar. 8, 2011
In re Keith Thomas
Order
Mar. 8, 2011
Gonzalez Lora v. United States
Order
Mar. 8, 2011
McKinnedy v. Reynolds
Order
Mar. 8, 2011
Harvey v. Louisiana
Order
Mar. 8, 2011
Golan v. Holder
Order
Mar. 8, 2011
Mann v. United States
Order
Mar. 8, 2011
Smith v. United States
Order
Mar. 8, 2011
Harkness v. United States
Order
Mar. 8, 2011
Smith v. Thomas, Justice, USSC, et al.
Order
Mar. 8, 2011
Kane v. United States
Order
Mar. 8, 2011
Allshouse v. Pennsylvania
Order
Mar. 8, 2011
Salomaa v. Honda Long Term Disability Plan
ERISA plan abuses its discretion when denial of benefits was not reasonable given insured’s records proving he was disabled by chronic fatigue syndrome.
Insurance Mar. 8, 2011
Diouf v. Napolitano
Alien subject to prolonged detention while challenging removal order is entitled to bond hearing to determine dangerousness or flight risk justifying detention.
Immigration Mar. 8, 2011
U.S. v. Williams
Sentence of life term of supervised release for repeat sex offender is not cruel and unusual punishment under Eighth Amendment.
Criminal Law and Procedure Mar. 8, 2011
People v. Rodriguez
Court properly denies defendant’s motion seeking discovery of officer’s personnel file due to counsel’s failure to perfect record on appeal.
Criminal Law and Procedure Mar. 8, 2011
Cellphone Fee Termination Cases
Cellphone provider’s early termination fee is unlawful liquidated damages clause absent finding that fee represented reasonable endeavor to estimate actual damages.
Business Law Mar. 7, 2011