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Name Category Published
Shaoxing County Huayue Import & Export v. Bhaumik
Creditor's action to hold individual liable as alter ego of corporation is not property of bankruptcy estate and is not subject to stay.
Corporations Jan. 19, 2011
Mason and Dixon Intermodal Inc. v. Lapmaster International LLC
State settlement law is not preempted by federal law governing interstate carriers where state law does not limit carrier’s responsibilities.
Civil Procedure Jan. 19, 2011
Miller v. Oregon Board of Parole and Post-Prison Supervision
Oregon statute creates liberty interest in early eligibility for parole, and Oregon Board of Parole does not violate due process by denying parole for lack potential rehabilitation.
Criminal Law and Procedure Jan. 19, 2011
Northon v. Rule
Order
Jan. 19, 2011
Kullar v. Foot Locker Retail Inc.
Representation of class members in two cases does not require disqualification since putative class members are not ‘clients’ and no conflict exists.
Attorneys Jan. 19, 2011
In re Caballero
Juvenile gang defendant’s sentence of 110 years to life for premeditated attempted murder does not constitute cruel and unusual punishment.
Criminal Law and Procedure Jan. 19, 2011
Nortel Networks Inc. v. State Board of Equalization
Licensing agreement is exempt from sales tax as ‘technology transfer agreement’ where licensee is given right to use patented process to sell product.
Taxation Jan. 19, 2011
Hypertouch Inc. v. ValueClick Inc.
State claim for deceptive advertisement in electronic mail is not preemptively barred by Controlling Assault of Non-Solicited Pornography and Marketing Act of 2003.
Civil Procedure Jan. 19, 2011
Sharp v. Superior Court (People)
Amendment to discovery law authorizes court to order psychiatric examination of defendant, who pleads not guilty by reason of insanity, by prosecution-retained expert.
Criminal Law and Procedure Jan. 19, 2011
Jose T., a Minor
Juvenile court erroneously imposes previously suspended Division of Juvenile Justice commitment without considering current circumstances.
Juveniles Jan. 18, 2011
People v. Hollinquest
Preliminary hearing testimony of witness, later deemed ‘unavailable,’ is admissible because defendant had opportunity and did cross-examine witness during preliminary hearing.
Criminal Law and Procedure Jan. 18, 2011
In Re Complaint of Judicial Misconduct
Order
Jan. 18, 2011
In Re Complaint of Judicial Misconduct
Order
Jan. 18, 2011
Howell v. Boyle
Order
Jan. 18, 2011
Commissioner of Internal Revenue v. JT USA LP
Court lacks jurisdiction over Tax Court's interlocutory order in partnership tax proceeding, even in light of 'practical finality' rule.
Taxation Jan. 18, 2011
U.S. v. Lindsey
Denial of defendant’s last peremptory challenge based on court’s counting error does not require reversal of conviction where conviction is supported by sufficient evidence.
Criminal Law and Procedure Jan. 18, 2011
The Wilderness Society v. United States Forest Service
Courts are no longer required to categorically prohibit intervention by private parties and governments as defendants on claims under National Environmental Policy Act.
Environmental Law Jan. 18, 2011
U.S. v. Doss
Witness tampering charge is improper where defendant requests that his wife exercise her marital privilege against testifying, and does not engage in ‘corrupt’ persuasion.
Criminal Law and Procedure Jan. 18, 2011
People v. Dixon
Pandering conviction requires defendant to encourage another to engage in prostitution with others, not offer money in exchange for sex with himself.
Criminal Law and Procedure Jan. 18, 2011
Conservatorship of McQueen
Under collateral source doctrine, Social Security Supplemental Income payments received by plaintiff are properly excluded in considering amount of damage award.
Civil Procedure Jan. 18, 2011
McNeill v. United States
Order
Jan. 14, 2011
People v. Rodriguez
Order
Jan. 14, 2011
Alvarez v. KMart Holding Corporation
Order
Jan. 14, 2011
Perez v. Cate
Separately billed paralegal services are included within attorney fees under Prison Litigation Reform Act, subject to same hourly rate percentage.
Prisoners Rights Jan. 14, 2011
Cassel v. Superior Court (Wasserman, Comden, Casselman & Pearson LLP)
Absent express waiver of confidentiality, private attorney-client communications related to mediation with third party are inadmissible in malpractice suit.
Attorneys Jan. 14, 2011
Holmes v. Petrovich Development Co. LLC
Attorney-client privilege does not protect e-mails sent to attorney via defendant company's computer where company told plaintiff that e-mail would be inspected.
Attorneys Jan. 14, 2011
Erica P. John Fund, Inc. v. Halliburton Co., et al.
Order
Jan. 14, 2011
Lafler v. Cooper
Order
Jan. 14, 2011
Missouri v. Frye
Order
Jan. 14, 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. 14, 2011