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Name Category Published
AK Futures v. Boyd Street Distro
Plaintiff could own a valid trademark because the plain and unambiguous text of the 2018 Agricultural Improvement Act compelled the conclusion that plaintiff's delta-8 THC products were lawful. 		Intellectual Property 9th May 20, 2022
Olea-Serefina v. Garland
Noncitizen's prior conviction for corporal injury upon a child was a crime-of-violence aggravated felony that made her ineligible for cancellation of removal. 		Immigration 9th May 20, 2022
In re Nektar Therapeutics Securities Litigation
Plaintiff shareholders failed to adequately plead misrepresentation based on the inclusion of an outlier in claims about a clinical study. 		Securities 9th May 20, 2022
State of Arizona v. Yellen
Arizona had standing for a constitutional challenge to the American Rescue Plan Act's offset provision since it was credible that it would be forced to repay federal funds. 		Civil Procedure 9th May 20, 2022
People v. Parker
California's shield laws protected recordings made by a third party filming the prosecution working on defendant's case. 		Criminal Law and Procedure CASC May 20, 2022
Elias v. Superior Court (People)
No violation of defendant's right to a speedy trial where there was good cause to continue the case fifteen months due to COVID-19 and witness unavailability. 		Criminal Law and Procedure 4DCA/1 May 19, 2022
Soleimany v. Narimanzadeh
Plaintiffs were entitled to a 7 percent prejudgment interest rate on a usurious promissory note secured by a deed of trust since that was the default rate under the California Constitution. 		Contracts 2DCA/4 May 19, 2022
CPC Patent Technologies v. Apple, Inc.
Discovery petitions pursuant to 28 U.S.C. Section 1782 are case-dispositive decisions to be reviewed de novo by the district court. 		Civil Procedure 9th May 19, 2022
Fon v. Garland
The harm asylum seeker suffered and evidence of the country's political and societal turmoil compelled a finding of past persecution. 		Immigration 9th May 19, 2022
Simonyan v. Nationwide Insurance Co. of America
Even assuming that the right to independent counsel attached, the insured's allegations that a conflict of interest existed did not meet the standard under Rule 1.7(b) of the Rules of Professional Conduct. 		Attorneys 3DCA May 18, 2022
Modification: People v. Ramos
Defendant's gang enhancement was reversed because the existing record was insufficient to support the heightened evidentiary requirements set forth by amended Penal Code Section 186.22. 		Criminal Law and Procedure 5DCA May 18, 2022
People v. Watkins
Venue was improper at the Orange County Superior Court since the People presented no evidence placing defendant in Orange County at the time of the alleged vehicular burglaries. 		Criminal Law and Procedure 4DCA/3 May 18, 2022
In re M.V.
Substantial evidence did not support the finding that there would be a substantial danger to the well-being of the children if returned to their mother's custody, if mother lived and parented separately from father. 		Juveniles 4DCA/1 May 18, 2022
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 May 17, 2022
Kim v. TWA Construction, Inc.
A contractor is not entitled to compensation for work performed by an unlicensed subcontractor. 		Commercial Law 6DCA May 17, 2022
Federal Election Commission v. Ted Cruz
Section 304 of the Bipartisan Campaign Reform Act unconstitutionally burdens core political speech without proper justification because it burdens candidates who wish to fund their own candidacy through personal loans. 		Constitutional Law USSC May 17, 2022
Patel v. Garland
Federal courts lack jurisdiction to review facts determined by immigration judge as part of discretionary-relief proceedings under 8 U.S.C. Section 1255 and Section 1252(a)(2)(B)(i). 		Immigration USSC May 17, 2022
Jones v. Hendrix
Order 		USSC May 17, 2022
SEC v. Cochran
Order 		USSC May 17, 2022
U.S. v. Allen
District court's complete prohibition on the public's visual access to a trial to curb the spread of COVID-19 was not narrowly tailored, violating defendant's right to a public trial. 		Criminal Law and Procedure 9th May 17, 2022
Gross v. CitiMortgage, Inc.
Mortgage holder was liable under the Fair Credit Reporting Act for indicating that a mortgage was past-due when it had been discharged by operation of law. 		Consumer Law 9th May 17, 2022
Martinez v. Shinn
Mitchell v. United States's holding was not an 'extraordinary circumstance' justifying relief from judgment under Federal Rules of Civil Procedure 60(b)(6) since it did not affect the rules governing discovery. 		Criminal Law and Procedure 9th May 17, 2022
People v. Financial Casualty & Surety, Inc.
Surety's motion to set aside bail forfeiture is not a pleading subject to the tolling of the statute of limitations under the COVID-19 Emergency Rule 9. 		Criminal Law and Procedure 2DCA/3 May 17, 2022
People v. Fuentes
Resisting a police officer is not a lesser included offense of fleeing an officer while driving with wanton disregard for safety since resisting requires that the officer be performing a lawful duty. 		Criminal Law and Procedure 4DCA/2 May 16, 2022
We Advocate Through Environmental Review v. County of Siskiyou
Under the California Environmental Quality Act, project objectives that are essentially just completing the project as planned are impermissibly narrow. 		Environmental Law 3DCA May 16, 2022
Tiburon Open Space Committee v. County of Marin
Marin County's adherence to development plans, because it was "legally infeasible" not to, was proper and opposers failed to provide substantial evidence to prove otherwise. 		Environmental Law 1DCA/2 May 16, 2022
People v. Nance
Defendant was not entitled to the standard of review for a directed verdict since the denial of his application for outpatient treatment was not made by a jury. 		Civil Procedure 3DCA May 16, 2022
A.C. v. Cortez
There is no per se constitutional privacy right in juvenile records, instead, courts must balance the governmental need to infringe with the individual's privacy interest. 		Juveniles 9th May 16, 2022
Lee v. Fisher
Shareholder was unable to prove that Gap Inc.'s forum-selection clause was against public policy. 		Securities 9th May 16, 2022
U.S. v. Davis
A district court's failure to recount the knowledge of status element during the plea colloquy was not plain error requiring reversal. 		Criminal Law and Procedure 9th May 16, 2022
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