CONSTITUTIONAL LAW
· Plaintiff Who Establishes Violation of ADA Need Not Prove Intentional Discrimination To Obtain Damages Under C.C. 52 (Munsun v. Del Taco) [posted 10/16/09]
· Second Amendment Confers Individual Right To Possess Arms (District of Columbia v. Heller) [posted 07/31/08]
· Proposition 8, Limiting Marriage to Opposite-Sex Couples, Constitutes Valid Amendment to California Constitution, but Same-Sex Marriages Performed Prior to Its Adoption Are Valid. (Strauss v. Horton) [posted 06/12/09]
CONTRACTS
· Employee Noncompetition Agreement Is Invalid Unless It Falls Within Statutory Exception; Contract Releasing Employer From “Any and All” Claims Is Valid, Because It Does Not Encompass Nonwaivable Statutory Protections. (Edwards v. Arthur Andersen LLP) [posted 09/08/08]
CRIMINAL LAW
· Dfendant Whose Caregiving Consists Primarily of Supplying Marijuana and Instructing on Its Use Cannot Qualify as Primary Caregiver Under Compassionate Use Act (People v. Mentch) [posted 12/09/08]
PLEADING
· Under Proposition 64, Only Class Representative in UCL Action Must Comply With New Standing Requirement; When Unfair Practice Is Fraudulent Advertising Campaign, Class Representative Need Not Show Unrealistic Degree of Reliance on Particular Advertisements (In re Tobacco II Cases) [posted 06/02/09]
PROCEEDINGS WITHOUT TRIAL-ARBITRATION
· Parties to Arbitration Agreements May by Express Agreement Alter Usual Scope of Judicial Review and Provide for Review of Merits of Arbitration Award (Cable Connection v. Directv) [posted 09/08/08]
SALES
· Standing Under Consumers Legal Remedies Act Requires Damage (Meyer v. Sprint Spectrum L.P.) [posted 03/05/09]
TORTS
· Good Samaritans Can Be Liable for Damages to Person Injured During Rescue Attempt; Statutory Immunity for Emergency Care Applies Only to Those Who Render Medical Care in Medical Emergencies (Van Horn v. Watson) [posted 01/09/09]
WILLS AND PROBATE
· Statute Authorizing Court to Free Child From Parental Custody and Control in Probate Guardianship Proceeding Is Constitutional (Guardianship of Ann S.) [posted 05/19/09]
Last updated Friday, October 16, 2009
