Case Summaries
Family Law
Oil & Gas
White Collar Crime
Family Law
[07/01]
Jenkins v. Jenkins
In a petition under the Hague Convention on the Civil Aspects of International Child Abduction seeking the return of Petitioner's son to her custody in Israel, judgment for Respondent is affirmed where Petitioner failed to establish that there was an actual "removal or retention" by Respondent or that the alleged retention was "wrongful."
[06/26]
Charisma R. v. Christina S.
In a child custody dispute, trial court orders declaring plaintiff a presumed parent of the child and establishing a schedule for reunification is affirmed where: 1) substantial evidence supports the finding that the Family Code sec. 7611(d) parentage presumption applies, as the record shows that plaintiff actively participated in the child's conception and cared for her following birth, the limited duration of her parenting of the child does not defeat plaintiff's claim to presumed parent status, and plaintiff received the child into her home and openly held her out as her natural child; 2) the trial court did not abuse its discretion in concluding there is no basis to rebut the parentage presumption as substantial evidence supports the finding that the Elisa B. factors are present and that plaintiff actively participated in the child's conception with the understanding she would parent with defendant, and no other facts justified rebuttal of the parentage presumption; and 3) defendant's equal protection claim fails as she has not shown that a case involving a man in plaintiff's circumstances would be decided any differently under the law, and failed to meet her burden of showing that the order declaring plaintiff the second parent was an unconstitutional infringement of her state and federal rights to substantive due process.
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Oil & Gas
[06/19]
Sanchez v. Esso Std. Oil Co.
In an action under the Resource Conservation and Recovery Act, 42 U.S.C. ยงยง 6901-6992k, for environmental damage by Defendants' oil operations, a preliminary injunction in favor of Plaintiffs is vacated, where the District Court impermissibly prejudged the merits of the case at the preliminary injunction stage and, having reached a conclusion as to liability, determined it was unnecessary to do the full preliminary injunction analysis.
[06/17]
Bakersfield Energy Partners v. Comm'r of Internal Revenue
In a Tax Court petition challenging an IRS deficiency notice, judgment for Petitioner is affirmed, where a taxpayer does not "omit[ ] from gross income an amount properly includible therein" for purposes of 26 U.S.C. section 6501(e)(1)(A) by overstating its basis.
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White Collar Crime
[06/19]
Alaska Elec. Pension Fund v. Flowserve Corp.
In a securities fraud class action, the District Court's denial of class certification and grant of Defendants' summary judgment motion are reversed where: 1) the District Court conducted its Fed. R. Civ. P. 23 hearing under an erroneous legal standard for proving loss causation; and 2) a reasonable trier of fact could conclude that one of Defendant's alleged misstatements regarding its earnings caused some portion of Plaintiff's loss after the "relevant truth" began to leak out.
[06/18]
Yeager v. US
In an appeal from the District Court's order denying Defendant's motion to dismiss his wire fraud indictment on Double Jeopardy grounds, the order is reversed where an apparent inconsistency between a jury's verdict of acquittal on some counts and its failure to return a verdict on other counts does not affect the acquittals' preclusive force under the Double Jeopardy Clause.
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