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Name Category Published
Breest v. New Hampshire
Order
Jan. 25, 2011
In re David W. Creveling
Order
Jan. 25, 2011
Cortez v. Abich
Extensive home remodeling is not within statutory exception of ‘household domestic service,’ which would allow defendants to escape liability for employee’s injury.
Employment Law Jan. 25, 2011
Gaeta v. Perrigo Pharmaceuticals Co.
Federal law does not preempt state law failure-to-warn claims against generic drug manufacturer where there is no evidence that FDA would reject additional warning.
Torts Jan. 25, 2011
International Association of Fire Fighters Local 188 AFL-CIO v. Public Employment Relations Board (City of Richmond)
City is not required to engage in collective bargaining regarding initial decision to layoff employees based on fiscal crisis.
Labor Law Jan. 25, 2011
Peck v. AT&T Mobility
Order
Jan. 25, 2011
In re Complaint of Judicial Misconduct
Order
Jan. 25, 2011
Gilman v. Schwarzenegger,
Enactment increasing deferral period for parole hearings does not violate Ex Post Facto Clause absent showing of significant risk of prolonging prison term.
Criminal Law and Procedure Jan. 25, 2011
Brandon T., a Minor
Adjudication for assault with deadly weapon does not stand where butter knife, which was incapable of causing great injury, was not deadly weapon.
Juveniles Jan. 25, 2011
U.S. v. Gonzalez-Diaz
Alien's conviction for being 'found in' U.S. following deportation is upheld where Canadian officials handed him over to U.S. authorities after holding him in custody.
Criminal Law and Procedure Jan. 25, 2011
U.S. v. Carothers
Erroneous mistrial on lesser charged offense of simple possession does not preclude retrial on possession with intent to distribute.
Criminal Law and Procedure Jan. 25, 2011
People v. Bryant
Court errs in treating unsworn juror statements alleging misconduct as made under penalty of perjury without holding complete hearing on issue.
Criminal Law and Procedure Jan. 25, 2011
People v. Vigil
Juror’s homemade experiment to reenact drive-by shooting produces new evidence, constituting improper prejudicial juror misconduct.
Criminal Law and Procedure Jan. 25, 2011
Monterey/Santa Cruz County Building and Construction Trades Council v. Cypress Marina Heights LP
Deed containing covenant to pay at prevailing rate and deemed to run with land in perpetuity binds land developer who later acquired land.
Real Property Jan. 25, 2011
City of Arcadia v. State Water Resources Control Board
Court fails to give collateral estoppel effect to decisions involving issues concerning application of Water Code and trash total maximum daily load for drains.
Civil Procedure Jan. 24, 2011
U.S. v. Liu
Defendant’s rights under Speedy Trial Act are not violated where timeframe for trial is reset after co-defendant is added to indictment.
Criminal Law and Procedure Jan. 24, 2011
Destfino v. Reiswig
Each defendant has 30 days to file notice of removal and may cure defect by joining only those defendants who have been properly served.
Civil Procedure Jan. 24, 2011
United States v. Richey
Continued enforcement of IRS summons is proper where taxpayers' liability has not been finally determined and summons was issued for legitimate purpose.
Taxation Jan. 24, 2011
Linton v. United States
Summary judgment is improper where question of when donor intended to make gifts to trust effective exists in determining gift tax.
Taxation Jan. 24, 2011
Collins v. Gee West Seattle LLC
Employees’ departure due to company closing down is consequence of shutdown, rather than 'voluntary,' and is considered 'loss of employment.'
Employment Law Jan. 24, 2011
Searles Valley Minerals Operations Inc. v. Ralph M. Parson Service Co.
Assignee of contract indemnification rights may seek reimbursement from indemnitor that refused to pay indemnitee's defense costs.
Contracts Jan. 24, 2011
People v. Higgins
Prosecutor’s questioning and remarks regarding defense expert’s previous trial experience aimed to cast him in unfavorable light is reversible misconduct.
Criminal Law and Procedure Jan. 24, 2011
V. M., a minor
Court errs in asserting jurisdiction over minor even after dependency hearing struck out all allegations of father’s alleged abuse.
Juveniles Jan. 24, 2011
People v. Federico
Jury instruction on entrapment is properly denied where child’s rights organization was not acting as law enforcement agent and defendant initiated unlawful contact with child.
Criminal Law and Procedure Jan. 24, 2011
Fleming v. Superior Court (People)
School district superintendent does not unlawfully appropriate public money by having subordinates compile lists of individuals who supported recall of school board.
Criminal Law and Procedure Jan. 21, 2011
Ameron International Corp. v. Insurance Co. of the State of Pennsylvania
Quasi-judicial adjudicative proceeding is ‘suit’ triggering insurer’s duty to defend where agency proceedings require filing of complaint.
Insurance Jan. 21, 2011
Ameron International Corp. v. Insurance Co. of the State of Pennsylvania
Order
Jan. 21, 2011
Tomlinson v. County of Alameda
Order
Jan. 21, 2011
Griffith v. Superior Court (People)
Order
Jan. 21, 2011
Williams v. Smallwood
Order
Jan. 21, 2011