Case Summaries
Criminal Law & Procedure
Workers' Comp
Criminal Law & Procedure
[09/05]
US v. Bendtzen
In a case challenging an enhanced sentence under the U.S. Sentencing Guideline Manual, sentence is affirmed where use of a fake bomb during a bank robbery constitutes "a dangerous weapon. . .otherwise used" and thus a four level sentence increase under U.S.S.G. section 2B3.1(b)(2)(D) and consideration of defendant's past crimes was not unreasonable in calculating a category VI criminal history.
[09/05]
US v. Nader
In prosections related to a prostitution ring, convictions for violations of the Travel Act are affirmed where: 1) the convictions were based on telephone calls within a single state; and 2) the telephone is a facility in interstate commerce even when used for in-state calling.
[09/05]
US v. Medina-Beltran
In an immigration case, an enhanced sentence is affirmed where: 1) the government's decision not to move for reduced sentencing was not arbitrary; and 2) separation of powers between the judicial and executive branches is not violated by section 401(g) of the Prosecutorial Remedies and Other Tools to End the Exploitation of Children Today (PROTECT) Act of 2003, which requires the government to make a motion in order for a defendant to receive a reduced sentence under the U.S. Sentencing Guidelines.
[09/05]
Smiley v. Thurmer
In a first-degree murder case, grant of a petition for habeas relief is affirmed where: 1) the police who arrested petitioner failed to give proper Miranda warnings; and 2) admission of statements made after the failure to Mirandize was prejudicial to petitioner.
[09/05]
US v. Allday
Sentence for receiving sexually explicit images of minors is affirmed over objections that the district court impermissibly applied a presumption of reasonableness to the sentencing range calculated under the guidelines.
[09/05]
Carvajal v. Dominguez
In a suit alleging constitutional violations by a DEA officer in connection with the criminal prosecution of plaintiff for money laundering, denial of summary judgment for defendant on one of four claims is reversed where: 1) the denial of defendant's claim of qualified immunity was an appealable collateral order; and 2) defendant committed no Brady violation and was therefore entitled to qualified immunity.
[09/05]
US v. Reyes
Convictions for conspiracy, bank robbery, and a handgun crime are affirmed where: 1) evidence of prior bank robberies in which defendant had participated was erroneously admitted, but the error was harmless; 2) limitations on defendant's cross-examination of a government witness did not violate the Confrontation Clause; and 3) a motion for new trial on the basis of newly-discovered evidence was properly denied where the new evidence proffered would not have affected the verdict.
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Workers' Comp
[09/04]
Merritt v. United Parcel Serv.
Decision of Industrial Accident Board to terminate disability plaintiffs paid to claimant by employer is reversed where an admission by employer that claimant's disability was "on-going" was the equivalent of a judicial admission and should have been given conclusive effect.
[09/03]
Padilla v. Pomona College
In an action for personal injury and premises liability arising from a worksite injury during the remodel of a dormitory at defendant Pomona College, grant of summary judgment in favor of defendants is affirmed over claims of error that: 1) defendants had delegated the task of making the worksite safe to others, and that they did not exercise any retained control in a manner that affirmatively contributed to plaintiff's injuries; 2) California Occupational Safety and Health Act of 1973 (Cal-OSHA) regulations did not establish defendants' negligence per se or impose a non-delegable duty on defendants; and 3) that plaintiff's expert testimony lacked foundation.
[08/29]
In Re: Poly-America, L.P.
In a retaliatory-discharge case in which plaintiff challenged the grant of defendant's motion to compel arbitration, petition for writ of mandamus is conditionally granted where: 1) provisions of the arbitration agreement prohibiting punitive damages or reinstatement undermined the purposes of the Workers' Compensation Act and were void as unconscionable; 2) provisions requiring splitting of arbitration fees between employer and employee and placing limits on discovery were not unconscionable; and 3) the unconscionable provisions of the agreement were severable and the agreement was otherwise enforceable.
[08/22]
Craft v. Astrue
Denial of a motion to alter or amend a judgment that plaintiff did not qualify for Disability Insurance or Supplemental Security Income benefits is reversed and remanded where: 1) there was not an "accurate and logical bridge" between the ALJ's recitation of the mental medical evidence and a decision to account for plaintiff's mental impairments by limiting him to unskilled work; and 2) the stated reasons of the ALJ for finding that plaintiff lacked credibility were contradicted by the objective evidence.
[08/18]
US v. Simpson
A sentence and order of restitution imposed for defendant's crime of mail fraud, involving his underreporting of payroll information for his businesses to his workers' compensation insurance carriers, is affirmed where the district court correctly concluded that the "loss" caused by this conduct was the amount of additional premiums that the insurance carriers would have charged had they been given accurate information.
[08/11]
Ridings v. Riverside Med. Ctr.
In an employee's suit alleging violations of the Family and Medical Leave Act (FMLA) and state worker's compensation law, summary judgment for defendant-employer is affirmed where: 1) an interference claim failed because evidence regarding plaintiff's invocation of FMLA, and defendant's requests that she provide adequate medical certification, did not demonstrate that plaintiff was entitled to leave under the FMLA and that defendant denied her FMLA benefits to which she was entitled; 2) defendant could not be deemed to have retaliated against plaintiff by asking her to fulfill her obligations under the FMLA; and 3) a state-law retaliation claim failed as defendant articulated a valid basis for terminating plaintiff, and plaintiff failed to demonstrate sufficient evidence to show that such basis was pretext.
[08/08]
Mt. Diablo Unified Sch. Dist. v. Workers' Comp. Appeals Bd.
Temporary disability payments commence when a school district pays an injured employee his or her normal wages under Education Code section 44043.
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