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Name Category Published
California Statewide Law Enforcement Association v. California Dept. of Personnel Administration
Collective bargaining agreement provision to retroactively reclassify state employees must be included in memorandum of understanding approved by legislature to be valid.
Labor Law Jan. 27, 2011
Northern California River Watch v. Wilcox
Statutory text ‘areas under Federal jurisdiction’ in Section 9 of Endangered Species Act does not cover privately-owned wetlands adjacent to navigable waters.
Environmental Law Jan. 27, 2011
U.S. v. Potter
Second Amendment’s protection of right to bear arms for lawful purposes does not extend to possession of firearm in furtherance of drug trafficking.
Criminal Law and Procedure Jan. 27, 2011
United Fabrics International Inc. v. C&J Wear Inc.
Validity of copyright is presumed after copyright registration and court errs in dismissing case for lack of standing absent some evidence rebutting presumption.
Intellectual Property Jan. 27, 2011
Heritage Residential Care Inc. v. Division of Labor Standards Enforcement
Penalties are properly assessed against employer where failure to issue itemized wage statements to employees was not inadvertent, but intentional.
Employment Law Jan. 27, 2011
State Farm Insurance Co. v. WCAB
Court-appointed medical expert is disqualified, regardless of prejudicial effect, where party in workers’ compensation claim engages in ex parte communications.
Workers' Compensation Jan. 27, 2011
Cobb v. City of Stockton
Claim for inverse condemnation does not accrue until city's occupation of property became wrongful when eminent domain proceeding was dismissed.
Real Property Jan. 27, 2011
County of Orange v. Association of Orange County Deputy Sheriffs
Enhanced retirement changes made to public employee’s pension, which are applied retroactively, do not constitute extra compensation in violation of state constitution.
Employment Law Jan. 27, 2011
Kucker v. Kucker
Unspecified shares of stock are assets of trust where trustor manifests intent to transfer all property owned to trust upon her death.
Probate and Trusts Jan. 27, 2011
Spencer v. World Vision Inc.
Faith-based humanitarian organization is exempt from prohibition against religious discrimination in Title VII of Civil Rights Act.
Civil Rights Jan. 26, 2011
U.S. v. Jenkins
Court properly suspends statute of limitations period pending evidence request from foreign country where government’s suspension application is filed before limitations period expires.
Criminal Law and Procedure Jan. 26, 2011
Green v. United States
Forest Service is not immune from suit for its failure to notify private property owners of backfire, which damaged private properties.
Torts Jan. 26, 2011
Simmonds v. Credit Suisse Securities (USA) LLC
Order
Jan. 26, 2011
Greater Yellowstone Coalition v. Lewis
Order
Jan. 26, 2011
Alliance for the Wild Rockies v. Cottrell
Although plaintiffs must also satisfy other factors, 'serious questions' test for determining whether to issue preliminary injunctions remains viable.
Civil Procedure Jan. 26, 2011
U.S. v. Burgum
Court’s brief reference to defendant’s inability to pay restitution as ‘aggravating factor’ during sentencing is plain error.
Criminal Law and Procedure Jan. 26, 2011
Citizens Planning Association v. City of Santa Barbara (Peak-Las Positas Partners)
Construction of bridge across city-owned parkland to provide beach access to private development does not constitute public park purpose and is subject to voter-approval.
Real Property Jan. 26, 2011
Ziehlke v. Valverde
Administrative hearing following arrest for driving under influence of alcohol does not violate due process because license suspension is not akin to criminal trial.
Administrative Agencies Jan. 26, 2011
People v. Morrison
Court-ordered probation drug testing constitutes ‘inquiry authorized by law’ to support conviction under Penal Code Section 134 for preparing false evidence.
Criminal Law and Procedure Jan. 26, 2011
Wilson & Wilson v. City Council of Redwood City
Court errs in entering judgment in favor of plaintiff that challenged construction of project that was substantially completed when judgment was entered.
Constitutional Law Jan. 26, 2011
People v. Ahmed
Court errs in sentencing defendant for firearm and great bodily injury enhancement when it constituted same act under Penal Code Section 654.
Criminal Law and Procedure Jan. 25, 2011
T.P. v. T.W.
Mother is 'interested person' who has standing to commence proceeding to free her child from custody and control of father.
Family Law Jan. 25, 2011
Thompson v. North American Stainless LP
Plaintiff has standing under Civil Rights Act Title VII for unlawful retaliation where termination was based on fiancée’s sexual discrimination charge against employer.
Employment Law Jan. 25, 2011
Ortiz v Jordan
Party claiming qualified immunity may not appeal denial of summary judgment after district court conducted full trial on merits.
Civil Procedure Jan. 25, 2011
Chase Bank USA N.A. v. McCoy
Under regulation in effect at time of dispute, bank is not required to give consumer advance notice of rate increase where increase was previously disclosed in contract.
Banking Jan. 25, 2011
Swarthout v. Cooke
No substantive federal interest exists in state’s decision to offer parole and federal analysis should be limited to whether procedural due process standards are met.
Criminal Law and Procedure Jan. 25, 2011
Horel v. Valdovinos
Order
Jan. 25, 2011
Howes v. Fields
Order
Jan. 25, 2011
Reynolds v. United States
Order
Jan. 25, 2011
Jones v. Midstates Development, Inc.
Order
Jan. 25, 2011