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14 Dec 2009, 10:00 am
Since 2003 this log jam has produced an increasing number of legal challenges through the arduous process of habeas corpus petitions to the superior court where the prison sits, and eventually to the California Supreme Court, and on to the federal courts (where dreaded ATEDPA issues rear their heads). [read post]
4 Dec 2015, 6:14 am
This post examines a recent opinion from the Court of Appeals of Indiana:  State v. [read post]
20 Oct 2014, 4:51 am by Daniel Schwartz
Two recent cases, one from a Superior Court and one from the Connecticut District Court, answer that question in the affirmative. [read post]
8 Feb 2017, 3:26 pm
This post examines an opinion from the Superior Court of New Jersey – Appellate Division: State v. [read post]
17 Jan 2019, 6:00 am by Charlie Dunlap
” He suggests that the Supreme Court’s decision in the recent case of Ortiz v. [read post]
17 Jun 2007, 3:34 am by Imke Ratschko
Well, someone did take them to court and the federal court decided that the arbitration provision was unenforceable, because it was procedurally and substantively unconscionable ( Bragg v. [read post]
3 Feb 2009, 6:00 am
      Unless and until the Cal Supremes address this issue, it could go either way (or even some other way) at a Court of Appeal. [read post]
19 Aug 2013, 8:45 am by Thomas D. Nevins
The Gorlick court relied extensively on the Supreme Court’s opinion in Automatic Canteen Co. of America v. [read post]
8 Aug 2022, 7:40 am by John Jascob
Because the district court declined to instruct the jury as to retaliatory intent, the appeals court vacated the verdict in favor of the whistleblower and remanded for a new trial (Murray v. [read post]
3 Dec 2010, 12:50 pm by Daniel E. Cummins
Thus, any liability on the part of the defendants was found to be negated by the assumption of risk doctrine.Trivial Defect CasesIn a May Superior Court decision, Mull v. [read post]