Friday, October 30, 2009

U.S. v. Kilbride (9th Cir. - Oct. 28, 2009)

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There's a lot about Judge Betty Fletcher's opinion in this case that's very good. Including a nice (and accurate) primer about ...
Thursday, October 29, 2009

People v. Tuggles (Cal. Ct. App. - Oct. 29, 2009)

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Read pages 4 through 12 of this opinion and see if you had the same reaction that I did . My reaction was an immensely palpable sense that e...

311 South Spring Street Co. v. Dep't of General Svcs. (Cal. Ct. App. - Oct. 28, 2009)

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Here's a hypothetical. Tell me how you think it's should come out. Landlord rents office space to Tenant. Tenant breaches the leas...
Wednesday, October 28, 2009

Cohen v. DIRECTV (Cal. Ct. App. - Oct. 28, 2009)

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I'm glad that the Court of Appeal decided to publish this opinion . I guess. Because it clearly meets the standards for publication. ...

Law Offices of Andrew Ellis v. Yang (Cal. Ct. App. - Oct. 27, 2009)

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Think that the other side's anti-SLAPP motion is going to prevail? Forgot (or were unable) even to file an opposition to the motion? No...
Tuesday, October 27, 2009

Mohamed v. Jeppesen Dataplan (9th Cir. - Oct. 27, 2009)

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Even beyond its mere presence (which is significant itself), there are two additional things worth mention about the Ninth Circuit's ord...

People v. Munoz (Cal. Ct. App. - Oct. 13, 2009)

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Here's a lesser known downside to performing a drive-by shooting: You may miss and end up accidentally shooting your own cousin in the ...
Monday, October 26, 2009

Myers v. Trendwest Resorts (Cal. Ct. App. - Oct. 26, 2009)

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It's a tale of two cities . Or, here, a tale of two different versions, and two different takes. On the one hand, we have plaintiff...

U.S. v. Rivera-Alonzo (9th Cir. - Oct. 26, 2009)

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Sometimes judges write an opinion so that it seems obviously correct, while relegating the only relevant discussion -- an analysis of the lo...
Friday, October 23, 2009

In Re Ramon M. (Cal. Ct. App. - Oct. 22, 2009)

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I've seen a lot of obscenities used in opinions published by the California Court of Appeal. Lots. They come from quotations, of cours...

U.S. v. Van Alstyne (9th Cir. - Oct. 22, 2009)

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It's a sad commentary on recent financial debacles that my principal reaction to this case was : "What?! You ran a Ponzi scheme an...
Thursday, October 22, 2009

Parth v. Pomona Valley Hosp. Med. Center (9th Cir. - Oct. 22, 2009)

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Here's another case -- and there are assuredly many -- that in my mind clearly disproves our Chief Justice's assertion that appellat...
Wednesday, October 21, 2009

Crockett & Myers v. Napier (9th Cir. - Oct. 21, 2009)

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There's a value to a referral to another attorney. That's self-evident. Lawyers will pay for a referral of a good case. But even m...
Tuesday, October 20, 2009

U.S. v. $186,416 in Currency (9th Cir. - Oct. 20, 2009)

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Here's a timely opinion . Particularly given the Obama administration's recent statement that it will generally no longer go after ...

Rehman v. DMV (Cal. Ct. App. - Oct. 20, 2009)

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Feel pretty strongly about following the plain language of a statute? How do you think this one comes out: Section 13353.2 of the Vehicle ...
Monday, October 19, 2009

People v. Smith (Cal. Ct. App. - Oct. 19, 2009)

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Some opinions write themselves. For example, here's all I need to tell you about this one. First, the appeal. Ronald Smith alleges tha...

In Re Complaint of Judicial Misconduct (9th Cir. - Oct. 19, 2009)

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Chief Judge Kozinski says: "You think I'm 'overwhelmed' with judicial miscondut complaints?! You couldn't be more wro...
Friday, October 16, 2009

Jensen v. FTB (Cal. Ct. App. - Oct. 14, 2009)

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Craig and Sally Jensen should be glad I'm not on the California Court of Appeal . Because I'd have likely sanctioned them. The Jens...
Thursday, October 15, 2009

Nazir v. United Airlines (Cal. Ct. App. - Oct. 9, 2009)

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If you haven't read this one already, you definitely should . It's a damning indictment of a lot of things. Of Littler Mendelson . ...
Wednesday, October 14, 2009

People v. Henning (Cal. Ct. App. - Oct. 14, 2009)

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Bored with the typical vacation? I got a new idea. First, stay awake for about a full week. Think that's going to be hard? Use cryst...