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Name Category Published
Johnson v. WinCo Foods LLC
A job applicant's pre-employment drug test does not render him an employee or require reimbursement for his travel and time spent on the drug test
Employment Law 9th Jun. 13, 2022
Flores Molina v. Garland
Record evidence compelled the conclusion that asylum seeker's past experiences rose to the level of persecution because he was repeatedly forced to flee from his home in the face of death threats.
Immigration 9th Jun. 13, 2022
Grondal v. U.S.
Participation in a case because of the assertion of cross-claims does not imply a waiver of tribal sovereign immunity.
Immunity 9th Jun. 13, 2022
U.S. v. Mathews
Conviction for damaging property with an explosive was not a "crime of violence" under 18 U.S.C. 924(c)(1) because it criminalized the destruction of one's own property, not just others' property.
Criminal Law and Procedure 9th Jun. 13, 2022
Kemp v. U.S.
Plaintiff's motion to vacate was untimely under Federal Rule of Civil Procedure 60(b)(1) because the statutory term "mistake" covered the alleged judicial error, not just factual errors.
Civil Procedure USSC Jun. 13, 2022
Field v. U.S. Bank Nat. Assn.
Plaintiff's discovery response that she was "unsure" if she had received the Notice of Trustee Sale barred her from later claiming that she never received the notice when opposing summary judgment.
Civil Procedure 2DCA/8 Jun. 10, 2022
Silva v. Langford
California Highway Patrol was not immune to liability for injuries caused by CHP sergeant responding to emergency call because the Vehicle Code provides a separate statutory basis for CHP liability.
Immunity 2DCA/7 Jun. 10, 2022
A.F. v. Jeffrey F.
Attorney representing both mother in prior marital dissolution and child in current domestic violence case did not justify disqualification since father did not present substantial evidence of simultaneous representation.
Attorneys 4DCA/1 Jun. 10, 2022
In re Sambrano
Absent the evidence of a primary target, the kill zone instruction should not have been given to jury in an attempted murder trial.
Criminal Law and Procedure 4DCA/2 Jun. 10, 2022
Marriage of Aviles & Vulovic
Wife qualified as a putative spouse because she adequately showed that, at the time she married her husband, she had a good faith belief that her prior divorce was final.
Family Law 4DCA/2 Jun. 10, 2022
Modification: 640 Tenth, LP v. Newsom
The Administrative Procedure Act did not apply to Governor Newsom's COVID-19 stay-at-home orders because the Emergency Act empowers the Governor to suspend any regulatory statute.
Administrative Agencies 4DCA/1 Jun. 10, 2022
Moskowitz v. American Savings Bank
District court abused its discretion in including attorney's fees in its award of costs under Federal Rule of Civil Procedure 41(d) because "costs" has a long-standing definition that does not normally include attorney's fees.
Civil Procedure 9th Jun. 10, 2022
May v. Shinn
Order
9th Jun. 10, 2022
Mendoza-Garcia v. Garland
Oregon first-degree burglary of a dwelling is a categorical match to generic burglary.
Immigration 9th Jun. 10, 2022
Cornel v. State of Hawaii, et al.
A seven-year delay in parolee's arrest did not violate due process since parolee's own failure to provide the office with up-to-date contact information caused the delay.
Civil Rights 9th Jun. 10, 2022
Applied Underwriters, Inc. v. Lara
No exceptional circumstances existed to justify an exception to the prior exclusionary rule in a conservation action over an insurance company.
Civil Procedure 9th Jun. 10, 2022
Smagin v. Yegiazaryan
A RICO plaintiff can satisfy the "domestic injury" standing requirement for a judgment of a foreign arbitration award by showing that the judgment's rights existed domestically.
Civil Procedure 9th Jun. 10, 2022
U.S. v. Merrell
The First Step Act, and not the pre-amended statute, applies at post-Act resentencing of defendants whose sentences were imposed before the Act's passage.
Criminal Law and Procedure 9th Jun. 10, 2022
U.S. v. Tagatac
Hawaii's second-degree robbery statute is divisible and renders the crime under each subsection a crime of violence.
Criminal Law and Procedure 9th Jun. 10, 2022
Modification: P. v. Owens
Considering the totality of the circumstances, substantial evidence supported the finding that defendant acted with reckless indifference to human life.
Criminal Law and Procedure 2DCA/6 Jun. 9, 2022
Willie Jones, Sr. v. USA
Petitioner's second or successive application for postconviction relief failed to make a prima facie showing because petitioner did not rely on a new rule of constitutional law, but rather a statutory one.
Criminal Law and Procedure 9th Jun. 9, 2022
P. v. Rodriguez
Penal Code that listed probation length in a different code than the underlying crime had included probation length "within its provisions" under Assembly Bill 1950 since separation was a matter of form.
Criminal Law and Procedure 1DCA/4 Jun. 8, 2022
Atwood v. Shinn
Order
9th Jun. 8, 2022
P. v. Accredited Surety and Casualty Co.
A surety on a bail bond was estopped from raising the invalidity of the reinstatement order as a basis for vacating the summary judgment.
Criminal Law and Procedure 5DCA Jun. 8, 2022
Senn v. Smith
Order
9th Jun. 8, 2022
Baroni v. Seror
Bankruptcy court did not err in finding cause for converting a bankruptcy case from Chapter 11 to Chapter 7 because debtor materially defaulted on her bankruptcy plan.
Bankruptcy 9th Jun. 8, 2022
Polk v. Yee
The Medicaid Act's anti-reassignment provision did not unambiguously confer an enforceable right on Medicaid providers because its focus was on combating fraud and abuse by providers.
Civil Rights 9th Jun. 8, 2022
Al Saud v. Days
Denying prisoner's request to be housed only with other Muslims was the least restrictive means of avoiding equal protection liability that comes with classifying prisoners based on religious beliefs.
Prisoners' Rights 9th Jun. 8, 2022
Egbert v. Boule
The court declined to extend the *Bivens* damages remedy to a Border Patrol context.
Constitutional Law USSC Jun. 8, 2022
Davis v. Harano
Defense expert did not concede causation for alleged neck pain from minor car crash because his concession hinged on the jury's belief of plaintiff's credibility.
Torts 2DCA/8 Jun. 8, 2022