| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
B212674
|
Murray Co. v. California Occupational Safety and Health Appeals Board (California Dept. of Industrial Relations, Division of Occupational Safety and Health)
California Occupational Safety and Health Appeals Board properly denies petition for reconsideration where appellant failed to provide copies of citations. |
Administrative Agencies |
|
Dec. 16, 2009 | |
|
C058178
|
Golden Drugs Co. Inc. v. Maxwell-Jolly
Termination of Medi-Cal provisional provider license by Dept. of Health Care Services is proper where technician dispensed medication without pharmacist’s supervision. |
Administrative Agencies |
|
Dec. 10, 2009 | |
|
F056823
|
California Groundwater Association v. Semitropic Water Storage District
When governed by Water Code, party involved in water well drilling is not exempt from licensing requirement, despite public entity status. |
Administrative Agencies |
|
Nov. 22, 2009 | |
|
08-16441
|
Levine v. Vilsack
Plaintiffs seeking humane slaughter for poultry lack standing where there is no redress available in scope of case. |
Administrative Agencies |
|
Nov. 22, 2009 | |
|
F056823
|
California Groundwater Association v. Semitropic Water Storage District
When governed by Water Code, party involved in water well drilling is not exempt from licensing requirement, despite public entity status. |
Administrative Agencies |
|
Nov. 9, 2009 | |
|
08-15759
|
Medical Development International v. California Dept. of Corrections and Rehabilitation
Receiver does not have absolute immunity when sued in official capacity and claim addressed receiver’s specific actions. |
Administrative Agencies |
|
Nov. 1, 2009 | |
|
E044951
|
Corona v. State of California
Public entity is not immune from liability where it allowed boxer to fight without receiving passing HIV test. |
Administrative Agencies |
|
Oct. 25, 2009 | |
|
B210334
|
Dept. of Transportation v. State Personnel Board (Kendrick)
Evidence recovered in illegal search by California Highway Patrol is not barred by exclusionary rule during administrative review of employment termination. |
Administrative Agencies |
|
Oct. 21, 2009 | |
|
C056576
|
Matus v. Board of Administration of California Public Employees' Retirement System
Administrative law judge's proposed decision is adopted where agency failed to order transcript within 100 days of rejecting decision. |
Administrative Agencies |
|
Sep. 10, 2009 | |
|
B208525
|
Wences v. City of Los Angeles
Discipline imposed on public employee subject to the independent judgment standard of review where employee's career advancement could be affected. |
Administrative Agencies |
|
Sep. 3, 2009 | |
|
B208748
|
Kling v. Superior Court (People)
Prosecutor has limited role in regards to whether defendant is entitled to third-party documents. |
Administrative Agencies |
|
Sep. 2, 2009 | |
|
C059957
|
Watson v. Superior Court (Medical Board of California)
Suspension of doctor's license to practice is proper where doctor was arrested for driving while intoxicated on four occasions. |
Administrative Agencies |
|
Aug. 27, 2009 | |
|
B208944
|
Lone Star Security & Video Inc. v. Bureau of Security and Investigative Services
Alarm company manager’s license may be revoked where conviction for disturbing the peace was substantially related to his job functions. |
Administrative Agencies |
|
Aug. 25, 2009 | |
|
H032987
|
Miyamoto v. Dept. of Motor Vehicles
Lab report is admissible under public employee records exception where report stated that results were recorded at time of analysis. |
Administrative Agencies |
|
Aug. 21, 2009 | |
|
08-1281
|
Oney v. Weinberg (In re Weinberg)
Bankruptcy court may determine insolvency under Trust Fund Doctrine by examining company’s inability to pay debts or whether liabilities outweigh assets. |
Administrative Agencies |
|
Aug. 13, 2009 | |
|
05-75638
|
Pacific Northwest Generating Cooperative v. Dept. of Energy
Bonneville Power Agency must offer power to direct service industrial customers at industrial firm power rate. |
Administrative Agencies |
|
Aug. 7, 2009 | |
|
H033614
|
Drake v. Superior Court (People)
Notice of appeal and application for certificate of probable cause not untimely where items filed separately within 60-day deadline. |
Administrative Agencies |
|
Jul. 29, 2009 | |
|
07-71868
|
Public Citizen v. Nuclear Regulatory Commission
Nuclear Regulatory Commission’s properly refuses to identify air-based attack as threat that nuclear facilities must defend against. |
Administrative Agencies |
|
Jul. 27, 2009 | |
|
S152273
|
Porter v. Superior Court (People)
Grant of motion for new trial on penalty allegations alone does not violate double jeopardy. |
Administrative Agencies |
|
Jul. 24, 2009 | |
|
G040929
|
Naturist Action Committee v. California State Dept. of Parks & Recreation
Regulation relaxing enforcement of ban on nudity in state park is validly revoked despite failure to comply with Administrative Procedures Act. |
Administrative Agencies |
|
Jul. 21, 2009 | |
|
08-16589
|
AlohaCare v. State of Hawaii
Medicaid Act does not confer federal right to contract eligibility on federally qualified health care organization. |
Administrative Agencies |
|
Jul. 15, 2009 | |
|
06-10492
|
U.S. v. Ringgold
United States v. Booker does not require consideration of disparity between recommended Sentencing Guidelines range and sentence for similar state crime. |
Administrative Agencies |
|
Jul. 8, 2009 | |
|
B199013
|
Robbins v. Davi
License revoked where broker was convicted of crimes jeopardizing renter safety and had history of building code violations while managing lucrative business. |
Administrative Agencies |
|
Jun. 25, 2009 | |
|
S156986
|
Mileikowsky v. West Hills Hospital and Medical Center
Hearing officer exceeds authority by dismissing physician's request for hearing regarding recommendation of denial for hospital privileges. |
Administrative Agencies |
|
Jun. 19, 2009 | |
|
06-15977
|
Byrd v. Lewis
State court properly subjects instructional error addressing scope of consent to harmless error review. |
Administrative Agencies |
|
May 17, 2009 | |
|
B207305
|
Smith v. Shewry
Writ of mandate improperly granted where re-authorization to represent principal's estate not obtained prior to denial of hearing request for Medi-Cal claim. |
Administrative Agencies |
|
May 12, 2009 | |
|
07-582
|
FCC v. Fox Television Stations Inc.
FCC's revised policy banning isolated expletive use as actionably indecent deemed reasonable under Administrative Procedure Act. |
Administrative Agencies |
|
Apr. 28, 2009 | |
|
06-75730
|
Andrzejewski v. Federal Aviation Administration
National Transportation Safety Board must defer to implicit credibility determination regarding witness descriptions of aerobatic maneuvers. |
Administrative Agencies |
|
Apr. 13, 2009 | |
|
06-75388
|
Fones4All Corp. v. FCC
Supreme Court authority supersedes cases suggesting futility exception could apply to Telecommunications Act's exhaustion requirement. |
Administrative Agencies |
|
Apr. 8, 2009 | |
|
S156986
|
Mileikowsky v. West Hills Hospital and Medical Center
Hearing officer exceeds authority by dismissing physician's request for hearing regarding recommendation of denial for hospital privileges. |
Administrative Agencies |
|
Apr. 7, 2009 |