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Name Category Published
Sierra Club v. Trump
Where plaintiffs establish that they satisfy requirements of Article III standing, they may invoke separation-of-powers constraints, like Appropriations Clause, to challenge agency spending in excess of its delegated authority.
Constitutional Law 9th Jun. 29, 2020
Roberts v. City of Fairbanks
Order
9th Jun. 29, 2020
Xochihua-Jaimes v. Barr
Petitioner established requisite level of torture with acquiescence by public official by credibly testifying that she was beaten severely and threatened with death at gunpoint by drug cartel, while Mexican police laughed.
Immigration 9th Jun. 29, 2020
Department of Homeland Security v. Thuraissigiam
As applied here, Section 1252(e)(2) of Illegal Immigration Reform and Immigrant Responsibility Act did not violate the Suspension Clause.
Immigration USSC Jun. 26, 2020
Abbott Laboratories v. Superior Court (People)
District attorneys may, in properly pleaded cases, seek remedies for UCL violations occurring within or outside their counties' borders.
Remedies CASC Jun. 26, 2020
In re Scoggins
Defendant's conduct in planning unarmed assault and robbery, did not support robbery-murder special-circumstance finding because defendant did not know his accomplices would shoot and kill victim.
Criminal Law and Procedure CASC Jun. 26, 2020
People v. Stamps
Defendant was entitled to limited remand to allow him the opportunity to request relief under Senate Bill No. 1393, which might have consequences to his plea agreement.
Criminal Law and Procedure CASC Jun. 26, 2020
Hanouchian v. Steele
Agreements to adhere to fraternal organization guidelines did not impose greater legal duty upon possessor of land than those imposed by current laws.
Torts 2DCA/3 Jun. 26, 2020
Modification: Mosley v. Pacific Specialty Insurance Co.
An insured increases a hazard within its control only if the insured is aware of the hazard or it is reasonably discoverable.
Contracts 4DCA/2 Jun. 26, 2020
Conservatorship of B.(E.)
Order
CASC Jun. 26, 2020
Howerton (Kevin) on H.C.
Order
CASC Jun. 26, 2020
U.S. v. Johnson
Although government did not prove at trial that defendant knew of his status as convicted felon, court records contained information about his prior felony convictions and years served in prison.
Criminal Law and Procedure 9th Jun. 26, 2020
M&T Bank v. SFR Investments Pool 1
Quiet title actions are 'contract' claims under Housing and Economic Recovery Act, subject to statute of limitations of at least six years.
Real Property 9th Jun. 26, 2020
Blumenthal Distributing Inc. v. Herman Miller Inc.
Plaintiff did not supply legally sufficient evidence of fame of its claimed trade dresses; thus, judgment against defendant for trade dress dilution was reversed.
Intellectual Property 9th Jun. 26, 2020
Modification: People v. Flores
Jury reasonably concluded defendant committed murder because defendant was with victim, he shot someone near his van, and returned without victim.
Criminal Law and Procedure CASC Jun. 26, 2020
People v. Mayfield
Trial court abused its discretion by striking one of respondent's prior strikes after he committed hate crime against pregnant African American woman.
Criminal Law and Procedure 4DCA/1 Jun. 25, 2020
Van v. LLR Inc.
The temporary loss of use of one's money constitutes an injury in fact for purposes of Article III standing.
Constitutional Law 9th Jun. 25, 2020
People v. Bradley
Belated assertion of right to a speedy trial is entitled to less weight than prompt assertion of such right.
Criminal Law and Procedure 3DCA Jun. 25, 2020
Pankey v. Petco Animal Supplies, Inc.
Only diseased animals displaying symptoms of illness are products subject to a products liability design defect claim.
Torts 4DCA/1 Jun. 25, 2020
People v. E.B.
Change of plea and dismissal of accusatory pleading under Penal Code Section 1203.4 is not the equivalent of vacation of conviction warranting relief under Section 851.91.
statutory_interpretation 6DCA Jun. 25, 2020
Oliver v. Konica Minolta Business Solutions U.S.A., Inc.
Triable issues existed regarding whether service technicians' commute in their personal vehicles constituted hours worked; thus, summary adjudication should not have been granted in defendant's favor.
Civil Procedure 6DCA Jun. 25, 2020
Masellis v. Law Office of Leslie F. Jensen
Applicable standard of proof in 'settle and sue' legal malpractice action is preponderance of the evidence and not an otherwise higher standard.
Attorneys 5DCA Jun. 24, 2020
In re Chad Paul Delannoy
Purchasing chapter 7 bankruptcy debtor's appeal rights does not guarantee victory in asserting the preclusive effect of the judgment.
Bankruptcy BAP Jun. 24, 2020
United States v. Magdirila
Police officers' failure to precisely comply with Inglewood Police Department towing policy when they failed to completely fill out inventory form did not render search invalid.
Criminal Law and Procedure 9th Jun. 24, 2020
Liu v. Securities and Exchange Commission
Disgorgement award that does not exceed a wrongdoer's net profits and is awarded for victims is equitable relief permissible under 15 U.S.C. Section 78u(d)(5).
Securities USSC Jun. 23, 2020
Kansas v. Boettger
Order
USSC Jun. 23, 2020
Stanford Vina Ranch Irrigation Co. v. State of California
State Water Resources Control Board has authority to regulate unreasonable use of water by adopting regulations establishing minimum flow requirements protecting migration of threatened fish species during drought conditions.
Administrative Agencies 3DCA Jun. 23, 2020
Airs Aromatics, LLC v. CBL Data Recovery Technologies Inc.
New York law was properly applied to the calculation of prejudgment interest based on choice-of-law provision in parties' agreement.
Civil Procedure 4DCA/1 Jun. 23, 2020
People v. Cotsirilos
In ordinary infraction case, prosecution is not required to oppose motion to suppress by filing opposition brief or appearing at suppression hearing.
Criminal Law and Procedure 4DCA/1 Jun. 23, 2020
Olabi v. Neutron Holdings, Inc.
Motion to compel arbitration was properly denied because parties' arbitration agreement broadly excluded PAGA actions.
Arbitration 1DCA/5 Jun. 23, 2020