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Modification: Midway Venture LLC v. County of San Diego
Preliminary injunction prohibiting defendants from enforcing public health restrictions against plaintiffs was unwarranted because Regional Stay at Home Order did not implicate First Amendment.
Constitutional Law 4DCA/1 Feb. 10, 2021
Wyatt v. City of Sacramento
Using utility rates to generate funds did not violate Article XIII D Section 6(b) of the California Constitution.
Constitutional Law 3DCA Feb. 2, 2021
Midway Venture LLC v. County of San Diego
Preliminary injunction prohibiting defendants from enforcing public health restrictions against plaintiffs was unwarranted because Regional Stay at Home Order did not implicate First Amendment.
Constitutional Law 4DCA/1 Jan. 26, 2021
ARIIX LLC v. NutriSearch
Supposedly independent product reviews that have secretly rigged ratings in favor of one company in exchange for compensation qualify as commercial speech.
Constitutional Law 9th Jan. 25, 2021
Greenberg v. Target Corp.
Because structure/function claim about biotin met FDCA's requirements, plaintiff's state law claims amounted to imposition of different standards and was thus preempted.
Constitutional Law 9th Jan. 14, 2021
City of Norco v. Mugar
City's use of outside counsel on fixed hourly rate regardless of outcome, did not violate defendant's due process rights.
Constitutional Law 4DCA/2 Jan. 12, 2021
Yumori-Kaku v. City of Santa Clara
City of Santa Clara's at-large elections for office of city council violated California Voting Rights Act of 2001.
Constitutional Law 6DCA Jan. 5, 2021
John Doe #1 v. Trump
President Trump's Proclamation No. 9945, restricting immigrants' entry based on healthcare coverage, was within president's delegated authority under Immigration and Nationality Act Section 212(f).
Constitutional Law 9th Jan. 5, 2021
People v. Martinez
California Code of Regulations title 10, section 2076, which restricted bail licensees' communications, is an invalid facially overbroad regulation of speech because it only provides remote support for government's purpose.
Constitutional Law 6DCA Jan. 4, 2021
Consumer Financial Protection Bureau v. Seila Law
Although for-cause removal provision of statute establishing Consumer Financial Protection Bureau violated separation of powers, CFPB's current Director expressly ratified agency's earlier decisions after she knew she could be removed.
Constitutional Law 9th Dec. 30, 2020
Amended Opinion: Southcentral Foundation v. Alaska Native Tribal Health Consortium
Infringement of governance and participation rights was a sufficiently concrete and particularized injury in fact sufficient to confer Article III standing.
Constitutional Law 9th Dec. 22, 2020
Trump v. New York
Plaintiffs had not suffered concrete harm from President's memorandum requesting Secretary to exclude undocumented immigrants from apportionment base following census.
Constitutional Law USSC Dec. 21, 2020
Calvary Chapel Dayton Valley v. Sisolak
Plaintiff demonstrated likelihood of success on its Free Exercise claim because Nevada Directive was not narrowly tailored to serve compelling interest of slowing spread of COVID-19.
Constitutional Law 9th Dec. 17, 2020
Modification: Spotlight on Coastal Corruption v. Kinsey
Trial court erroneously determined that plaintiff had public interest standing because plaintiff's action was for civil fines and attorneys' fees and not for writ of mandate.
Constitutional Law 4DCA/1 Dec. 16, 2020
Carney v. Adams
Respondent lacked standing to challenge Delaware's political balance requirement because he failed to show that he was 'able and ready' to apply for judicial position.
Constitutional Law USSC Dec. 11, 2020
McGee v. S-L Snacks National
Plaintiff did not plausibly allege that, as a result of her purchase and consumption of Pop Secret, she suffered economic injury or present and future physical injury.
Constitutional Law 9th Dec. 7, 2020
TO BE DELETED
Opinion
Constitutional Law Nov. 30, 2020
Roman Catholic Diocese of Brooklyn v. Cuomo
Enforcement of restrictions on applicants' religious services issued by Governor of New York to curb spread of COVID-19 was enjoined.
Constitutional Law USSC Nov. 30, 2020
Spotlight on Coastal Corruption v. Kinsey
Trial court erroneously determined that plaintiff had public interest standing because plaintiff's action was for civil fines and attorneys' fees and not for writ of mandate.
Constitutional Law 4DCA/1 Nov. 27, 2020
San Francisco Taxi Coalition v. City and County of San Francisco
City's regulations favoring taxi drivers who recently obtained medallions over those who obtained them long ago did not violate equal protection clause under rational basis review.
Constitutional Law 9th Nov. 10, 2020
Wells Fargo v. Mahogany Meadows Avenue Trust
Because enactment of Nevada Revised Statutes Section 116.3116 predated creation of appellant's lien on property, appellant could not establish that it suffered an uncompensated taking.
Constitutional Law 9th Nov. 6, 2020
Taylor v. Riojas
No reasonable correctional officer could have concluded it was constitutionally permissible to house naked inmate in feces-covered cell for six days.
Constitutional Law USSC Nov. 4, 2020
Mckesson v. Doe
Fifth Circuit should not have ventured into uncertain area of tort law without first seeking guidance on controlling state law from state's supreme court.
Constitutional Law USSC Nov. 4, 2020
Arrow Highway Steel, Inc. v. Dubin
Code of Civil Procedure Section 351 violates Dormant Commerce Clause as applied to defendants who move out of California to operate businesses engaged in interstate commerce.
Constitutional Law 2DCA/2 Nov. 2, 2020
Bristol-Myers Squibb v. Connors
District court properly abstained from exercising jurisdiction over state civil enforcement action brought by Attorney General seeking civil penalties for violation of Hawai'i consumer protection law.
Constitutional Law 9th Oct. 30, 2020
Guerrero v. Hestrin
Trial court's decision to deny a wiretap disclosure constituted an abuse of discretion because it applied the wrong standard.
Constitutional Law 4DCA/2 Oct. 22, 2020
Yazzie v. Hobbs
Plaintiffs lacked standing to challenge Arizona's mail ballot deadline because there was no particularized allegation with respect to any of the individual plaintiffs.
Constitutional Law 9th Oct. 16, 2020
Boyer v. City of Simi Valley
City's ordinance exempting authorized emergency or construction-related vehicles from prohibition on mobile billboard advertising transformed an otherwise content-neutral prohibition into a content-based restriction on speech.
Constitutional Law 9th Oct. 15, 2020
Kroessler v. CVS Healthcare Corp.
District court's ruling mistakenly broadened the Food, Drug, and Cosmetics Act preemption doctrine beyond acceptable public policy limits.
Constitutional Law 9th Oct. 12, 2020
Southcentral Foundation v. Alaska Native Tribal Health Consortium
Infringement of governance and participation rights was a sufficiently concrete and particularized injury in fact sufficient to confer Article III standing.
Constitutional Law 9th Sep. 15, 2020