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People v. Wismer

Publication Date: 2017-04-21
Practice Area: Criminal Law
Industry:
Date Filed: 2017-04-20
Court: C.A. 4th
Judge:
Attorneys: For plaintiff: Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, Peter Quon, Jr., and Anthony Da Silva, Deputy Attorneys General, for Plaintiff and Respondent.
for defendant: Law Offices of Scott M. Schlegel and Scott M. Schlegel for Defendant and Appellant.
Case Number: No. D068743

"Controlled experiment" in jury room constituted juror misconduct (Dato, J.)

People v. Valdez

Publication Date: 2017-04-21
Practice Area: Criminal Law
Industry:
Date Filed: 2017-04-20
Court: C.A. 3rd
Judge:
Attorneys: For plaintiff: Kamala D. Harris and Xavier Becerra, Attorneys General, Gerald A. Engler, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Carlos A. Martinez, Caely E. Fallini, Jaime A. Scheidegger, Deputy Attorneys General, for Plaintiff and Respondent.
for defendant: Gregory R. Ellis, Retained Counsel for Defendant and Appellant.
Case Number: No. C077882

Inmate properly found to have been "armed" with weapon found in cell in his absence (Murray, J.)

People v. Armijo

Publication Date: 2017-04-20
Practice Area: Criminal Law
Industry:
Date Filed: 2017-04-19
Court: C.A. 2nd
Judge:
Attorneys: For plaintiff: Kamala D. Harris and Xavier Becerra, Attorneys General, Gerald A. Engler, Chief Assistant Attorney General, Lance E. Winters, Assistant Attorney General, Steven D. Matthews, Analee J. Brodie and Lindsay Boyd, Deputy Attorneys General, for Plaintiff and Respondent.
for defendant: James Koester, under appointment by the Court of Appeal, for Defendant and Appellant.
Case Number: No. B266687

Defendant's letter complaining of deficient representation warranted Marsden hearing (Small, J.)

Broadway Victoria, LLC v. Norminton, Wiita and Fuster

Publication Date: 2017-04-20
Practice Area: Legal Malpractice
Industry:
Date Filed: 2017-04-19
Court: C.A. 2nd
Judge:
Attorneys: For plaintiff: Degani & Galston LLP, Katherine Galston; and Krane & Smith, Marc Smith and Daniel L. Reback, for Plaintiff and Appellant.
for defendant: Nemecek & Cole, Mark Schaeffer and Janette Bodenstein for Defendants and Respondents.
Case Number: No. B266060

Client's claim of attorneys' breach of fiduciary duty merely duplicated claim of legal malpractice (Kin, J.)

April 18, 2017 | The Legal Intelligencer

Airplane Injury Claim Against Southwest Not Federally Pre-empted

A woman's state law claim that she was injured when she was struck in the head by another passenger's suitcase while boarding a Southwest Airlines flight is not pre-empted by the Federal Aviation Act, the Pennsylvania Superior Court has ruled in a case of first impression.

1 minute read

April 18, 2017 | The Legal Intelligencer

Airplane Injury Claim Against Southwest Not Federally Pre-empted

A woman's state law claim that she was injured when she was struck in the head by another passenger's suitcase while boarding a Southwest Airlines flight is not pre-empted by the Federal Aviation A

1 minute read

People v. Lua

Publication Date: 2017-04-17
Practice Area: Criminal Law
Industry:
Date Filed: 2017-04-14
Court: C.A. 4th
Judge:
Attorneys: For plaintiff: Kamala D. Harris and Xavier Becerra, Attorneys General, Gerald A. Engler, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, and Eric A. Swenson, Lynne G. McGinnis and Jennifer B. Truong, Deputy Attorneys General, for Plaintiff and Respondent.
for defendant: Robert F. Somers, under appointment by the Court of Appeal, for Defendant and Appellant.
Case Number: No. E064038

Apparently contradictory verdicts not contradictory (Hollenhorst, Acting P.J.)

Boston v. Kitsap County

Publication Date: 2017-04-10
Practice Area: Civil Rights
Industry: State and Local Government
Date Filed: 2017-04-07
Court: 9th Cir.
Judge: Ronald B. Leighton, District Judge, Presiding Before: Richard C. Tallman and Morgan Christen, Circuit Judges, and Morrison C. England, Jr.,* District Judge.
Attorneys: For plaintiff: Anthony Clarence Otto (argued), Law Office of Anthony C. Otto, Port Orchard, Washington, for Plaintiff-Appellee.
for defendant: Marc Rosenberg (argued), Lee Smart P.S. Inc., Seattle, Washington, for Defendants-Appellants.
Case Number: No. 15-35296

Filing of claim in accordance with state law did not toll statute of limitations on civil rights claim (England, J.)

Scholes v. Lambirth Trucking Company

Publication Date: 2017-04-07
Practice Area: Damages | Civil Procedure | Transportation
Industry: Transportation
Date Filed: 2017-03-07
Court: C.A. 3rd
Judge:
Attorneys: For plaintiff: Vincent E. Scholes, in pro. per., for Plaintiff and Appellant.
for defendant: Anwyl, Scoffield & Steep, James T. Anwyl and Lynn A. Garcia for Defendant and Respondent.
Case Number: No. C070770

Lack of detail in ordinal complaint precluded application of relation-back doctrine for subsequently filed amendment (Raye, P.J.)

California Chamber of Commerce v. State Air Resources Board

Publication Date: 2017-04-07
Practice Area: Environmental Law | Regulation
Industry: Non–Profit
Date Filed: 2017-04-06
Court: C.A. 3rd
Judge:
Attorneys: For plaintiff: Nielsen Merksamer Parrinello Gross & Leoni, James R. Parrinello, Steven A. Merksamer, Kurt R. Oneto, Christopher E. Skinnell and Eric J. Miethke for Plaintiffs and Appellants California Chamber of Commerce and Larry Dicke.
for defendant: Kamala D. Harris and Xavier Becerra, Attorneys General, Robert W. Byrne, Senior Assistant Attorney General, Gavin G. McCabe, Molly K. Mosley, Deputy Attorney General, David A. Zonana, Robert E. Asperger, M. Elaine Meckenstock, and Bryant B. Cannon, Deputy Attorneys General, for Defendants and Respondents.
Case Number: No. C075930 No. C075954

State Air Resources Board's "cap-and-trade" auction program not unlawful tax (Duarte, J.)