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Name Category Published
County of Maui v. Hawaii Wildlife Fund
Clean Water Act requires permit from Environmental Protection Agency when there is direct discharge from point source into navigable waters or when there is 'functional equivalent of a direct discharge.' 		Environmental Law USSC Apr. 24, 2020
Romag Fasteners, Inc. v. Fossil, Inc.
Plaintiff in trademark infringement suit is not required to show that defendant willfully infringed plaintiff's trademark as precondition to profits award. 		Intellectual Property USSC Apr. 24, 2020
Barton v. Barr
For purposes of cancellation-of-removal eligibility, 8 U.S.C. Section 1182(a)(2) offense committed during initial seven years of residence does not need to be one of the offenses of removal. 		Immigration USSC Apr. 24, 2020
Wilk v. Neven
Eighth Amendment prohibits prison officials from disregarding known substantial risk of serious harm to inmates and failing to respond reasonably. 		Civil Rights 9th Apr. 24, 2020
Safarian v. Govgassian
Defendants were not parties to plaintiffs' marital agreement and therefore could not rely on Family Code Section 852 to invalidate voidable marital property agreement. 		Contracts 2DCA/5 Apr. 23, 2020
Reynolds v. Ford Motor Co.
Trial court did not abuse its discretion in awarding plaintiff attorney fees under Song-Beverly Consumer Warranty Act without considering plaintiff's contingency fee agreement. 		Consumer Law 1DCA/3 Apr. 23, 2020
In re Natural Resources Defense Council Inc.
EPA unreasonably and egregiously delayed performance of its statutory duties on critical matter of public health which warranted extraordinary remedy of issuing writ of mandamus. 		Environmental Law 9th Apr. 23, 2020
City of Almaty v. Khrapunov
City failed to state cognizable injury other than foreign theft of its funds, and thus failed to state RICO claim. 		Criminal Law and Procedure 9th Apr. 23, 2020
In re Stephen William Berkley
Chapter 13 revesting provisions do not prevent modifications of the plan to capture increases in debtor's postconfirmation income. 		Bankruptcy BAP Apr. 22, 2020
People v. Torres
A self represented defendant who has attempted to Intimidate a witness can have his constitutional right to self-representation revoked. 		Criminal Law and Procedure 2DCA/6 Apr. 22, 2020
Cardinal Care Management, LLC v. Afable
Trial court properly denied appellants' waiver of undertaking requirement because there were no witnesses to conduct in-camera showing of appellants' financial position. 		Civil Procedure 1DCA/4 Apr. 22, 2020
People v. May
Failure to specify scienter for possession of machine gun, when one was specified for transportation, indicates Legislature intended crime of possession to be accomplished without knowledge. 		Criminal Law and Procedure 3DCA Apr. 22, 2020
In re J.A.
Dependency petitions based on substance abuse must also show the child faced substantial risk of harm from the substance abuse. 		Dependency 2DCA/5 Apr. 22, 2020
People v. Robinson
Trial court properly sustained the People's objections because defense counsel's questions were cumulative and more prejudicial than probative. 		Evidence 2DCA/8 Apr. 22, 2020
U.S. v. Baldon
Carjacking does not qualify as crime of violence under U.S.S.G. Section 4A1.1(e) because it criminalizes broader range of conduct than federal definition of 'crime of violence.' 		Criminal Law and Procedure 9th Apr. 22, 2020
Tilkey v. Allstate Insurance Co.
Defendant did not wrongfully terminate plaintiff in violation of Labor Code Section 432.7 based on plaintiff's participation in Arizona domestic nonviolence diversion program. 		Employment Law 4DCA/1 Apr. 22, 2020
Ramos v. Louisiana
A jury must reach a unanimous verdict in order to convict defendants of serious offenses. 		Criminal Law and Procedure USSC Apr. 21, 2020
Thryv, Inc. v. Click-To-Call Technologies, LP
Judicial review of Patent and Trademark Office's application of time prescription was precluded because determination whether to institute inter partes review is nonappealable. 		Intellectual Property USSC Apr. 21, 2020
Atlantic Richfield Co. v. Christian
Montana Supreme Court erred by holding that landowners whose properties were contaminated were not potentially responsible parties under Comprehensive Environmental Response, Compensation and Liability Act. 		Environmental Law USSC Apr. 21, 2020
Robinson v. Department of Education
Order 		USSC Apr. 21, 2020
Brown v. Barr
Order 		USSC Apr. 21, 2020
Bronsozian v. U.S.
Order 		USSC Apr. 21, 2020
Van Buren v. U.S.
Order 		USSC Apr. 21, 2020
Modification: Zolly v. City of Oakland
Franchise fee may constitute a tax subject to article XIII C to the extent it is not reasonably related to the value received from the government. 		Constitutional Law 1DCA/1 Apr. 21, 2020
Crosno Construction, Inc. v. Travelers Casualty
'Pay-when-paid' provision within subcontract agreement between general contractor and subcontractor was unenforceable because it would unreasonably impair subcontractor's statutory bond remedy. 		Remedies 4DCA/1 Apr. 21, 2020
People v. Drayton
When assessing petitioner's prima facie showing under Penal Code Section 1170.95, courts should assume all asserted facts in petition are true. 		Criminal Law and Procedure 6DCA Apr. 21, 2020
Amended Opinion: Karasek v. Regents of the University of California
Under Title IX of the Education Amendments of 1972, liability attaches when a school's official policy is deliberately indifferent to sexual harassment in any context subject to the school's control. 		Civil Rights 9th Apr. 21, 2020
People v. Perez
A new appellate opinion is not newly discovered evidence as that term is used in Penal Code Section 1473.7(a)(2). 		statutory_interpretation 4DCA/2 Apr. 21, 2020
501 East 51st Street etc. v. Kookmin Best Ins. Co., Ltd.
Trial court correctly determined that there was no material dispute whether defendant's denial of plaintiff's insurance claim, based on its expert report, was in good faith. 		Insurance 2DCA/8 Apr. 20, 2020
In re Approval of the Judicial Emergency Declared in the Eastern District of California
The Judicial Council report constitutes the findings of fact and conclusions of law justifying a declaration of judicial emergency. 		Administrative Agencies 9th Apr. 20, 2020
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