The Recorder -- Case Alert

February 8, 2012

Mendoza-Pablo v. Holder

Early suffering of alien as child due to mother's persecution and his and his parents' fear of further persecution could constitute persecution for asylum purposes under Immigration and Nationality Act (Rakoff, J.)

Perry v. Brown

California's Prop 8 violated Fourteenth Amendment by withdrawing from same-sex couples previously guaranteed right to marry (Reinhardt, J.)

Secalt S.A. v. Wuxi Shenxi Construction Machinery Company, LTD.

Manufacturer of traction hoist failed to create triable issue as to protectable non-functional external design and appearance (McKeown, J.)

Tri-Valley CAREs v. U.S. Department of Energy

Department of Energy took requisite "hard look" at impact of possible terrorist attack at proposed biosafety facility as required by NEPA (M. Smith, J.)

Farmer v. McDaniel

State court sentencing panel's silence as to certain aggravating circumstances was not tantamount to acquittal where it found alternate circumstances sufficient to warrant death penalty (Bea, J.)

Duran v. U.S. Bank National Association

Class action trial management plan improperly prevented employer from defending against individual claims for over 90 percent of class (Dondero, J.)

Long Beach Police Officers Association v. City of Long Beach (Los Angeles Times Communications LLC)

Names of police officers involved in shootings not exempt from disclosure under California Public Records Act (Doi Todd, J.)

People v. Murray

Sentence of life without parole for defendant who committed shooting murders and attempted shooting murder while he was juvenile was not unconstitutional (Rubin, A.P.J.)

People v. Latham

Parents' awareness of and unresponsiveness to minor child's life-threatening medical condition supported finding of malice (Aaron, J.)