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Prime Gas Inc. v. City of Sacramento
Sacramento ordinance sanctioning retailer’s license to sell tobacco when tobacco is sold to minors is not preempted by state laws.
Constitutional Law May 13, 2010
Lasheen v. Embassy of the Arab Republic of Egypt
District court has jurisdiction over Egypt and its embassies for indemnification because they partook in commercial activity with American health care manager.
Constitutional Law May 10, 2010
Long Beach Area Chamber of Commerce v. City of Long Beach
Long Beach Campaign Reform Act limiting expenditures and contributions does not have qualified governmental interest justifying application to political action committees.
Constitutional Law May 3, 2010
Salazar v. Buono
Statute transferring government land containing cross does not evade injunction, which required removal of cross pursuant to Establishment Clause.
Constitutional Law Apr. 29, 2010
U.S. v. Stevens
Federal statute prohibiting sale and distribution of depictions of animal cruelty violates First Amendment as overbroad.
Constitutional Law Apr. 21, 2010
Black Star Farms LLC v. Oliver
Exceptions to Arizona’s statutory scheme requiring alcoholic beverages to pass through distribution system do not discriminate against out-of-state wineries.
Constitutional Law Apr. 14, 2010
Ojo v. Farmers Group Inc.
Reverse-preemption under McCarran-Ferguson Act applies to predated federal statutes such as Fair Housing Act.
Constitutional Law Apr. 12, 2010
Cotton v. StarCare Medical Group Inc.
Medicare Act does not preempt state tort law causes of action based on common law.
Constitutional Law Apr. 1, 2010
National Meat Association v. Brown
Federal Meat Inspection Act does not preempt state’s authority to regulate types of meat sold for human consumption.
Constitutional Law Apr. 1, 2010
International Society for Krishna Consciousness of California Inc. v. City of Los Angeles
Ordinance that prohibits soliciting immediate receipt of funds at Los Angeles International Airport is valid time, place, and manner restriction of expressive rights.
Constitutional Law Mar. 25, 2010
Mendoza v. ADP Screening and Selection Services Inc.
Employment-screening reports are constitutionally protected activity under First Amendment right of free speech.
Constitutional Law Mar. 24, 2010
Mayfield v. United States of America
Former Madrid train bombing suspect does not have standing to seek declaratory relief forcing government to destroy material obtained in searches and seizures.
Constitutional Law Mar. 24, 2010
Alcazar v. The Corp. of the Catholic Archbishop of Seattle
Ministerial exception to employment statutes required by Free Exercise and Establishment Clauses bars seminarian’s claim seeking pay for overtime hours.
Constitutional Law Mar. 16, 2010
Newdow v. Rio Linda Union School District
School district’s policy of voluntary recitation of Pledge of Allegiance does not violate Establishment Clause.
Constitutional Law Mar. 14, 2010
Newdow v. Lefevre
Claim that national motto, ‘In God We Trust,’ violates Establishment Clause is properly dismissed for failure to state claim.
Constitutional Law Mar. 11, 2010
Coyote Publishing Inc. v. Miller
Nevada restrictions on brothel advertisements are constitutional because they are justified by state’s substantial interest.
Constitutional Law Mar. 11, 2010
Espinosa v. City and County of San Francisco
Officers are not entitled to qualified immunity where they failed to show exceptions applied to warrantless search of apartment where victim was fatally shot.
Constitutional Law Mar. 9, 2010
American Trucking Associations Inc. v. City of Los Angeles
Federal Aviation Administration Authorization Act does not preempt provisions related to motor vehicle safety in concession agreements between port and motor carriers.
Constitutional Law Feb. 24, 2010
Marez v. Bassett
Plaintiff is not barred from claiming First Amendment violation where threatening phone calls and difficulties in obtaining contracts could constitute adverse actions.
Constitutional Law Feb. 18, 2010
Bull v. City and County of San Francisco
Policy requiring visual strip search of all arrestees introduced into jails’ general population for custodial housing is reasonable.
Constitutional Law Feb. 10, 2010
U.S. v. Vongxay
Statute prohibiting felons from possessing firearms is reasonable restriction on Second Amendment right to bear arms.
Constitutional Law Feb. 10, 2010
Graffiti Protective Coatings Inc. v. City of Pico Rivera
Action to compel city to award contract via competitive bidding is not subject to anti-SLAPP statute where city's rights were not involved.
Constitutional Law Feb. 8, 2010
Brown v. Mortensen
Federal law that prohibits state from imposing requirements on persons furnishing information to consumer reporting agencies preempts Confidentiality of Medical Information Act.
Constitutional Law Feb. 2, 2010
Stewart v. Rolling Stone LLC
Feature in magazine is protected noncommercial speech where advertisement content is distinguished from editorial content and despite close proximity in layout.
Constitutional Law Jan. 29, 2010
Crowe v. County of San Diego
Boys wrongfully accused of murder rightfully claim Fifth Amendment violations when compelled statements were used against them in pretrial proceedings.
Constitutional Law Jan. 28, 2010
People v. Barrett
Court is not required to advise proposed committee of her jury trial right, which may be waived by failure to request jury.
Constitutional Law Jan. 25, 2010
Citizens United v. Federal Election Commission
Government prohibition of expenditures by corporations violates First Amendment right to free speech.
Constitutional Law Jan. 22, 2010
Poniktera v. Seiler
Regulation limiting photography inside poll stations is reasonable restriction to protect voter rights and does not violate First Amendment.
Constitutional Law Jan. 22, 2010
Crowe v. County of San Diego
Boys wrongfully accused of murder rightfully claim Fifth Amendment violations when compelled statements were used against them in pretrial proceedings.
Constitutional Law Jan. 15, 2010
Clouthier v. County of Contra Costa
Detainee’s suicide is not caused by county’s deliberate indifference to serious risk of harm where suicidal detainee was placed in general population.
Constitutional Law Jan. 15, 2010