| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
21-16873
|
Chaudhry v. Aragon
Plaintiff doctor, who alleged that an inaccurate State report harmed his employment interests, failed to establish the requisite causation element of his "stigma-plus" Section 1983 due process claim. |
Civil Rights |
|
G. Katzmann | May 24, 2023 |
|
21-15999
|
Melville v. Shinn
One-year statute of limitations for petitioner's federal habeas relief began to run after his extension to file a state motion for reconsideration expired because the state avenue for relief had closed. |
Criminal Law and Procedure |
|
R. Clifton | May 24, 2023 |
|
19-70964
|
Amended Opinion: Umana-Escobar v. Garland
Application of incorrect standard of review to Immigration Judge's determination--that there was insufficient nexus between immigrant's membership in protected group and harm faced in his home country--required remand. |
Immigration |
|
M. Bennett | May 24, 2023 |
|
B297864
|
Hodges v. Cedars-Sinai Medical Center
Hospital employee's evidence of a potential adverse reaction to a mandated flu shot was not sufficient to show she suffered from a physical disability. |
Disability Discrimination |
|
E. Grimes | May 23, 2023 |
|
B318131
|
Diaz v. Zuniga
Purported amendment to trust was not valid where settlor failed to send it to the trustee via certified mail as required by the modification procedure provided in the trust instrument. |
probate_and_trusts |
|
H. Zukin | May 23, 2023 |
|
A163810
|
Save Berkeley's Neighborhoods v. Regents of the University of California
Trial court's orders suspending UC Berkeley student enrollment increases were unenforceable in light of Senate Bill 118's amendments to CEQA. |
Environmental Law |
|
S. Margulies | May 23, 2023 |
|
F084913
|
North American Title Company v. Superior Court (Cortina)
Insurance companies' judge disqualification claim, based on judge's bias because of comments regarding companies' chicanery, was unwaivable. |
Judges |
|
M. Smith | May 23, 2023 |
|
22-714
|
Calcutt v. Federal Deposit Insurance Corp.
Sixth Circuit erred by proceeding to conduct its own review of the record even after it had identified errors in FDIC decision. |
Administrative Agencies |
|
P. Curiam (USSC) | May 23, 2023 |
|
21-55149
|
Amended Opinion: Porter v. Martinez
Although restriction on using vehicle's horn was a restriction on speech, it was narrowly tailored to further government's interest in traffic safety. |
Constitutional Law |
|
M. Friedland | May 23, 2023 |
|
19-55616
|
Cassirer v. Thyssen-Bornemisza Collection Foundation
Order |
|
May 23, 2023 | ||
|
S269456
|
People ex rel. Garcia-Brower v. Kolla's, Inc.
Under Labor Code Section 1102.5(b), protected disclosures include complaints or reports of violations already known to employers or entities. |
Employment Law |
|
G. Liu | May 23, 2023 |
|
B316245
|
People v. Govan
Penal Code Section 667.61 did not negate the court's newly acquired discretion to stay a sentence for a one-strike offender because it only prohibited placing an one-strike offender on probation. |
Criminal Law and Procedure |
|
G. Feuer | May 23, 2023 |
|
G060657
|
Shetty v. HSBC Bank USA, N.A.
Pursuant to Civil Code Section 2924c, grant deed holder, who was not the original borrower, was a successor-in-interest to foreclosed condo and therefore was entitled to reinstatement rights. |
Real Property |
|
K. O'Leary | May 22, 2023 |
|
B316937
|
Kinder v. Capistrano Beach Care Center
Forms signed by adult children putting mother in care facility did not establish agency relationship that would bind nonsignatory mother to arbitrate her elder abuse claims. |
Arbitration |
|
K. Escalante | May 22, 2023 |
|
F084849
|
Randy's Trucking v. Superior Court (Buttram)
Trial court's order to transmit data of the plaintiffs' mental examination to her attorney was proper because transfer was subject to a protective order and did not violate examiner's professional standards. |
Civil Procedure |
|
T. DeSantos | May 22, 2023 |
|
A162465
|
Modification: Crescent Trust v. City of Oakland
For purposes of the Subdivision Map Act, determining whether property lot was separate from or had been legally merged with other lots required an analysis of controlling laws at the time of lots' origin. |
Real Property |
|
K. Banke | May 22, 2023 |
|
22-592
|
Arizona v. Mayorkas
Order |
|
May 22, 2023 | ||
|
21-35078
|
Friedenberg v. Lane County
Defendants met the qualifications for immunity as "deemed" public health service employees. |
Health Care |
|
R. Paez | May 22, 2023 |
|
C096022
|
People v. Jaime
Failure to apply new statutory framework for analyzing the constitutional validity of preemptory challenges to prospective jurors where a prospective juror was challenged for presumptively invalid reasons was prejudicial error. |
Criminal Law and Procedure |
|
S. Mesiwala | May 22, 2023 |
|
G060596
|
Feliz v. County of Orange
Plaintiff's Federal Rules of Civil Procedure 60(b)(6) motion to vacate judgment did not toll the statutes of limitations because it did not affect the finality of her claims' dismissal. |
Civil Procedure |
|
K. O'Leary | May 22, 2023 |
|
B298104
|
Travis v. Brand
Despite outcome at trial or plaintiffs' motives for suing, awarding attorney fees to defendants in Political Reform Act suit was inappropriate where plaintiffs had a legal and factual foundation. |
Government |
|
J. Wiley | May 22, 2023 |
|
E080223
|
In re I.E.
Mother could not show that parental benefit exception applied because there was no evidence of the type of attachment that would cause her daughter to suffer if parental rights were terminated. |
Dependency |
|
A. McKinster | May 19, 2023 |
|
E079651
|
In re Ja.O.
Because children were placed into protective custody pursuant to a warrant, further inquiry as to children's possible Native American ancestry was not required. |
Dependency |
|
F. Menetrez | May 19, 2023 |
|
A162323
|
Futterman v. Kaiser Foundation Health Plan, Inc.
In class action suit against Kaiser for its deficient mental health services, Kaiser members provided sufficient triable issues of fact to survive summary judgment. |
Health Care |
|
J. Streeter | May 19, 2023 |
|
H049825
|
Modification: Glassman v. Safeco Insurance Company of America
Prejudgment interest was denied where the arbitration award did not make clear whether defendant could have readily ascertained the amount owed. |
Civil Procedure |
|
H. Williams | May 19, 2023 |
|
21-1599
|
Polselli v. IRS
Lower courts correctly determined that petitioners could not move to quash IRS's summonses seeking their financial records because no notice was needed, pursuant to a statutory exception to the notice requirement. |
Tax |
|
J. Roberts | May 19, 2023 |
|
21-1454
|
Ohio Adjutant General's Dept. v. Federal Labor Relations Authority
Federal Labor Relations Authority had jurisdiction over labor dispute because a State National Guard acts as a federal agency for purposes of the FSLMRS. |
Labor Law |
|
C. Thomas | May 19, 2023 |
|
21-1496
|
Twitter, Inc. v. Taamneh
Plaintiffs' allegations that social-media companies aided and abetted ISIS terrorist attack failed to state a claim under the Antiterrorism Act. |
Torts |
|
C. Thomas | May 19, 2023 |
|
21-869
|
Andy Warhol Foundation for Visual Arts, Inc. v. Goldsmith
Publication of artwork derived from copyrighted photograph in a magazine was a commercial use similar enough to that of the original photograph that weighed against a finding of fair use. |
Copyright |
|
S. Sotomayor | May 19, 2023 |
|
21-757
|
Amgen Inc. v. Sanofi
Drug company's antibody cholesterol treatment patent did not meet Patent Act's enablement requirement because its claims would potentially include millions of undiscovered antibodies. |
Patent Law |
|
N. Gorsuch | May 19, 2023 |