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Name Category Published
Lodestar Anstalt v. Bacardi & Co.
Despite district court's error that "strength-of the-mark" factor weighed against confusion, no reasonable jury could find a likelihood of confusion between two rum distillery's trademarks.
Intellectual Property 9th Apr. 22, 2022
Amended Opinion: Tzompantzi-Salazar v. Garland
The possibility that petitioner could relocate and would not likely be subjected to torture was sufficient to deny relief under the Convention Against Torture, regardless of the reasonableness of relocating.
Immigration 9th Apr. 22, 2022
Amended Opinion: SmileDirectClub LLC v. Tippins
Teledentistry company adequately pled anticompetitive concerted action by members of the Dental Board of California under the Sherman Act.
Antitrust 9th Apr. 22, 2022
Hughes v. Rodriguez
Officer was not entitled to qualified immunity as to escaped inmate's claimed post-handcuff beating and dog-biting during apprehension because beating a handcuffed convict violates the Eighth Amendment.
Qualified Immunity 9th Apr. 22, 2022
Kuciemba v. Victory Woodworks
Order
9th Apr. 22, 2022
Boquist v. Courtney
Dismissal of Oregon minority-party state senator's retaliation claim was reversed since he spoke on a constitutionally protected political controversy and 12-hour advance notice order was a materially adverse action.
Constitutional Law 9th Apr. 22, 2022
People v. Bloom
Counsel's decision to override defendant's insistence to not concede guilt as to the murder of his stepmother and stepsister was a *McCoy* violation.
Criminal Law and Procedure CASC Apr. 22, 2022
Certain Underwriters at Lloyd's v. Conagra Grocery
Successor corporation was held liable for the willful public nuisance created by its predecessor and was therefore not entitled to indemnity from its insurers.
Insurance 1DCA/2 Apr. 21, 2022
Nelson v. Dual Diagnosis Treatment Center
Arbitration clause was unconscionable since it was part of an adhesion contract that failed to disclose all arbitration rules and required a unilateral release of all claims.
Arbitration 4DCA/3 Apr. 21, 2022
Rose v. County of San Benito
Trial court erred in considering inadmissible evidence to construe county board of supervisor's intent to confer lifetime healthcare benefits to retirees at the same rate as active employees.
Government 6DCA Apr. 21, 2022
Natural Resources Defense Council v. U.S. Environmental Protection Agency
Environmental Protection Agency's denial of petition to cancel registration of pesticide due to safety concerns was at odds with its own prior assumptions and statements and not supported by substantial evidence.
Environmental Law 9th Apr. 21, 2022
Modification: In re H.N.
Because possession of child pornography includes alternative sentencing language, it is a wobbler offense and requires juvenile courts to make a declaration of the offense as either a felony or misdemeanor.
Juveniles 2DCA/6 Apr. 21, 2022
People v. King
The unauthorized sentence rule does not itself create jurisdiction for a trial court to rule on an incarcerated defendant's motion to correct an alleged illegal sentence.
Criminal Law and Procedure 2DCA/2 Apr. 20, 2022
People v. Vaughn
Defendant could be guilty of human trafficking of a minor, as an aider and abettor, even though he did not know that the victim was a minor.
Criminal Law and Procedure 4DCA/2 Apr. 20, 2022
People v. Glukhoy
Alternative-theory error based on improper jury instruction of implied malice murder was harmless because the overwhelming evidence suggested defendant was an aider and abettor in fatal car chase.
Criminal Law and Procedure 3DCA Apr. 20, 2022
County of San Mateo v. Chevron
Federal courts did not have jurisdiction over counties' global-warming-related state law claims against several energy companies.
Civil Procedure 9th Apr. 20, 2022
Ross v. Superior Court (County of Riverside)
Trial court erred by granting county's motion to quash subpoena of district attorney for deposition regarding county lawyers' alleged attempt to alter testimony about a material witness' credibility.
Civil Procedure 4DCA/1 Apr. 20, 2022
People v. Burgos
Penal Code Section 1109, which requires trial bifurcation for gang enhancements, applies retroactively since it was enacted to ameliorate the punishment of trying enhancements with the underlying crimes.
Criminal Law and Procedure 6DCA Apr. 19, 2022
People v. Coley
Trial court did not err in denying defendant's petition for resentencing without issuing an order to show cause because his conviction necessarily involved express malice.
Criminal Law and Procedure 1DCA/5 Apr. 19, 2022
California DUI Lawyers Assn. v. California Dept. of Motor Vehicles
Combining the roles of advocate and adjudicator in a single person employed by the DMV violated due process.
Administrative Agencies 2DCA/4 Apr. 19, 2022
Love v. Texas
Order
USSC Apr. 19, 2022
Becerra v. Gresham
Order
USSC Apr. 19, 2022
Arkansas v. Gresham
Order
USSC Apr. 19, 2022
Smith v. Chicago, IL
Order
USSC Apr. 19, 2022
Martinez-Rodriguez v. Giles
Mexican citizens provided sufficient evidence that dairy farm, which recruited them in Mexico under TN Visa program for professional-level work, actually hired them as nonprofessional, general laborers.
Immigration 9th Apr. 19, 2022
HiQ Labs, Inc. v. LinkedIn
The Computer Fraud and Abuse Act did not preempt plaintiff's state law claims since plaintiff showed serious questions as to whether access "without authorization" was inapplicable to public LinkedIn profiles.
Civil Procedure 9th Apr. 19, 2022
Safari Club International v. Haaland
Alaska National Interest Lands Conservation Act preserved the federal government's plenary power over public lands, including the Kenai National Wildlife Refuge, in Alaska.
Environmental Law 9th Apr. 19, 2022
U.S. v. McCarron
Multiple proposed lurid rendezvous, even if purely hypothetical, sufficed as evidence of a substantial step in defendant's attempt to cause a minor's assent to unlawful sexual activity.
Criminal Law and Procedure 9th Apr. 19, 2022
People v. Crites
Penal Code Section 1203.01(a) allows trial courts to create postjudgment records that include probation officers' reports and comments from the judge and district attorney pertaining to the crime or the criminal.
Criminal Law and Procedure 1DCA/4 Apr. 18, 2022
Trendsettah USA v. Swisher Int'l
Plaintiff's presentation of misleading financial documents did not constitute fraud on the court since there was no clear and convincing evidence that it was intentional or aimed at the court.
Civil Procedure 9th Apr. 18, 2022