| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
08-16826
|
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 | |
|
10-30056
|
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 | |
|
B215355
|
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 | |
|
B219587
|
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 | |
|
C065694
|
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 | |
|
09-15212
|
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 | |
|
A128697
|
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 | |
|
10-15048
|
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 | |
|
10-55840
|
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 | |
|
F059737
|
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 | |
|
B218306
|
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 | |
|
09-1163
|
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 | |
|
09-868
|
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 | |
|
09-9000
|
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 | |
|
10-8200
|
In re Keith Thomas
Order |
|
Mar. 8, 2011 | ||
|
10-8820
|
Gonzalez Lora v. United States
Order |
|
Mar. 8, 2011 | ||
|
10-8486
|
McKinnedy v. Reynolds
Order |
|
Mar. 8, 2011 | ||
|
10-8262
|
Harvey v. Louisiana
Order |
|
Mar. 8, 2011 | ||
|
10-545
|
Golan v. Holder
Order |
|
Mar. 8, 2011 | ||
|
10-5860
|
Mann v. United States
Order |
|
Mar. 8, 2011 | ||
|
10-5839
|
Smith v. United States
Order |
|
Mar. 8, 2011 | ||
|
10-5829
|
Harkness v. United States
Order |
|
Mar. 8, 2011 | ||
|
10-935
|
Smith v. Thomas, Justice, USSC, et al.
Order |
|
Mar. 8, 2011 | ||
|
09-10146
|
Kane v. United States
Order |
|
Mar. 8, 2011 | ||
|
09-1396
|
Allshouse v. Pennsylvania
Order |
|
Mar. 8, 2011 | ||
|
08-55426
|
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 | |
|
09-56774
|
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 | |
|
10-30084
|
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 | |
|
D055704
|
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 | |
|
A124077
|
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 |
