Personal Injury
[07/02]
NH city rallies around refugees to banish bedbugs
[07/02]
Parents of Oregon boy settle in surgery lawsuit
[07/02]
Highway deaths fall in 2009, lowest since '61
[07/01]
Teenage survivor of jet crash 'doing well'
[07/01]
Mississippi's still fattest but Alabama closing in
[07/01]
State-by-state list of obesity rates, rankings
[06/30]
Experiment seeks to head off Type 1 diabetes
[06/30]
Oregon man's wallet resurfaces after 63 years
[06/30]
Courts face new challenges in faith healing cases
[06/30]
A look at world's deadliest air disasters
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NHTSA Recalls
[0/0]
More Americans Buckle Up and Wear Their Helmets In 2007
[04/04]
NHTSA Presents Awards for Safety Achievements and Public Service
[03/04]
U.S. Secretary of Transportation Mary E. Peters Launches New Service to Automatically E-mail, Instant Message Safety Recall Information
[01/04]
U.S. DOT Announces Upgraded Roof Strength Proposal
[09/08]
NHTSA Releases List of Model Year 2008 Vehicles For Crash and Rollover Testing
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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.
[06/25]
Batlan v. Bledsoe
In a bankruptcy trustee's motion to avoid a transfer made pursuant to a state court judgment dissolving the Debtor's marriage, the order denying the trustee's motion is affirmed where, under Oregon law, a party who challenges a dissolution judgment must allege and prove "extrinsic fraud," and the trustee failed to do so.
[06/24]
P. v. Sweeney
In an action involving a trial court order committing defendant to Porterville State Hospital, the trial court erred where: 1) due process rights are violated when the trial court determines that the charges pending against defendant involved death, great bodily injury, or an act which poses a serious threat of bodily harm to another person under Welfare and Institutions Code sec. 6500 as it is a matter for a jury; and 2) before a jury determines whether a person meets the criteria of Welfare and Institutions Code sec. 6500, the trial court must instruct the jury to find whether the person's mental retardation is a substantial factor in causing serious difficulty in controlling their dangerous behavior. However, the appeal is dismissed as moot since the commitment order has expired.
[06/24]
Richmond Med. Ctr. for Women v. Herring
In a challenge to a restriction on late-term abortions, summary judgment for Plaintiff is reversed where: 1) the hypothetical situation posited by Plaintiff did not present a sufficiently frequent circumstance to render the statute wholly unconstitutional for all circumstances; and 2) Plaintiff did not present sufficiently concrete circumstances in which the as-applied challenge could be resolved.
[06/23]
Gdowski v. Gdowski
Trial court issuance of a protective order against defendant under the Elder Abuse and Dependent Adult Civil Protection Act is reversed where: 1) a protective order under the Elder Abuse Act may issue on the basis of evidence of past abuse, without any particularized showing that the wrongful acts will be continued or repeated; and 2) the trial court erred in basing its decision in issuing the protective order on counsel's conduct rather than on substantial evidence.
[06/23]
In re Y.G.
Trial court order adjudging Y.G. as a dependent child under Welfare and Institutions Code sec. 300 (b) is affirmed where the statutory language does permit the juvenile court to consider a parent's misconduct with an unrelated child in determining a Welfare and Institutions Code sec. 300 (b) allegation.
[06/18]
Loeffler v. Medina
Denial of Defendant's application to terminate a domestic violence restraining order is affirmed where the trial court did not abuse its discretion because: 1) although Defendant claimed to have moved out of state; 2) there was evidence that he maintained contact with the local area.
[06/17]
Furton v. Herr
In a divorce matter, the trial court's order granting reconsideration is reversed, where although the trial court announced it was granting reconsideration on its own motion of a support order, it in fact improperly ordered a new trial.
[06/17]
In re J.K.
In an appeal from an order terminating Defendant's parental rights in a juvenile dependency proceeding, the order is affirmed, where the court can exercise dependency jurisdiction based on findings of prior instances of serious harm or abuse, and the evidence in the record is sufficient to support a finding of future risk of harm.
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