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Name Category Published
In re B.L.
Because a mother's drunk driving resulted in her child's serious brain injury, juvenile court's jurisdictional and visitation findings against mother were affirmed.
Dependency 4DCA/2 May 16, 2025
Modification: Sanders v. Superior Court (Edward D. Jones & Co., L.P.)
Federal Arbitration Act does not preempt Code of Civil Procedure Section 1281.98's 30-day time limit for arbitration fees.
Arbitration, Civil Procedure 2DCA/7 May 16, 2025
Barnes v. Felix
With excessive-force claims involving death, moment-of-threat rule is inapplicable as it impermissibly narrows the proper "totality of the circumstances" instructions.
Constitutional Law USSC May 16, 2025
Community Legal Services In East Palo Alto v. U.S. Dept. of Health and Human Services
Order
9th May 16, 2025
U.S. v. Yafa
District court did not err when it used the gain that resulted from defendants' "pump and dump" securities scheme as an alternative measure for loss.
Criminal Law and Procedure, Securities 9th May 16, 2025
Yelp Inc. v. Paxton
Applying Younger doctrine, district court properly dismissed Yelp's motion to enjoin Texas' ongoing state court proceedings regarding Yelp's notifications for crisis pregnancy centers.
Civil Procedure 9th May 16, 2025
Parker v. BNSF Railway Co.
Railroad employee's retaliation claim because his protected activity was an incidental factor for his termination, other factors being gross dishonesty and insubordination.
Employment Law 9th May 16, 2025
People v. Horton
Immediate family member of stalking victim could be included in post-conviction protection order because there was evidence the defendant had committed or attempted to commit a harm against him.
Criminal Law and Procedure 2DCA/8 May 15, 2025
Modification: Nazaryan v. Femtometrix
Civil litigation privilege did not bar breach of contract claim predicated on defendants' fraudulent characterization of settlement stock as non-employee compensation.
Contracts, Tax 4DCA/3 May 15, 2025
In re R.M.
Because grandmother did not have a constitutionally-protected interest and failed to articulate reasons that visitation was in grandchildren's best interest, visitation termination was acceptable.
Dependency 4DCA/2 May 15, 2025
Alves v. Weber
Plaintiffs' bankruptcy court judgment satisfied the standard for receiving restitution under the Victims of Corporate Fraud Compensation Fund.
Bankruptcy, Remedies 2DCA/7 May 15, 2025
Diaz-Rodriguez v. Bondi
Order
9th May 15, 2025
Amended Opinion: Pizzuto v. Tewalt
District court properly granted death row inmate's discovery requests regarding the protocol, manufacturing, and origin of Idaho's execution drugs.
Prisoners' Rights 9th May 15, 2025
Garnier v. O'Connor-Ratcliff
Blocking constituents on social media was a state action where school district trustee had actual authority to speak on State's behalf and purported to exercise that authority when posting.
Constitutional Law 9th May 15, 2025
Amended Opinion: Al Otro Lado v. Noem
Noncitizens refused processing under border "metering" policy after presenting themselves at ports of entry were entitled to relief because border officials withheld a mandatory duty to inspect them for admissibility.
Immigration 9th May 15, 2025
People v. Hinojos
Because gang enhancement statute punished additional criminal conduct beyond those assessed by the gang conspiracy statute, trial court's imposition of gang enhancements was permissible under Penal Code Section 654.
Criminal Law and Procedure 2DCA/1 May 14, 2025
Truck Insurance Exchange v. Federal Insurance Exchange
Trial court's failure to address fraudent concealment claim--only analyzing the fraudulent misrepresentation claim--warranted new trial in insurer's fraud claim against co-insurer.
Insurance 2DCA/8 May 14, 2025
County of Nevada v. Superior Court (A.C., a Minor)
No reasonable juror could have found sheriff's deputy acted unreasonably when he used nonlethal force in the response to individual advancing at him with a knife.
Torts 3DCA May 14, 2025
Modification: People v. Temple
Instructional error, if any, regarding the impact of defendant's mental disorder on the element of malice was harmless.
Criminal Law and Procedure 4DCA/3 May 14, 2025
Tsay JBR, LLC v. USDC Central District of California (Brooke)
Defendant was entitled to jury trial against plaintiff who was seeking statutory damages under the Unruh Civil Rights Act for disabilities accommodation violations.
Disability Discrimination 9th May 14, 2025
Hofer v. Boladian
Plaintiff/cross-defendant's conduct constituted waiver of the right to pursue arbitration, where he sought injunctive relief and a jury trial; opposed a demurrer; and propounded over 700 discovery requests.
Arbitration 2DCA/5 May 13, 2025
U.S. v. Duarte
Under Bruen, restricting non-violent felons from possessing firearms does not violate the Second Amendment.
Constitutional Law, Criminal Law and Procedure 9th May 12, 2025
Montes v. SPARC Group LLC
Order
9th May 12, 2025
Modification: Doe 3 v. Superior Court (John Roe DZ 20)
Code of Civil Procedure Section 340.1.3's revival provision did not revive claim against employer based on an employee's conduct because an action against the employee had already been litigated to finality.
Torts 6DCA May 9, 2025
U.S. v. Plancarte
Government did not breach plea agreement by submitting supplemental memorandum opining about defendant's "worrying" conduct and past arrest history.
Criminal Law and Procedure 9th May 9, 2025
Miroth v. County of Trinity
Rooker-Feldman doctrine limiting district courts' jurisdiction did not apply where plaintiffs were not challenging state-court judgment but rather seeking to redress alleged injury by adverse party in the state proceedings.
Civil Procedure 9th May 9, 2025
Amended Opinion: G.C. v. Bondi
During removal withholding proceedings, consideration of applicant's mental condition at time of his offense was properly limited to the extent to which applicant attributed his offense to his illness.
Immigration 9th May 9, 2025
Sanders v. Superior Court (Edward D. Jones & Co., L.P.)
Federal Arbitration Act does not preempt Code of Civil Procedure Section 1281.98's 30-day time limit for arbitration fees.
Arbitration, Civil Procedure 2DCA/7 May 8, 2025
People v. Temple
Instructional error, if any, regarding the impact of defendant's mental disorder on the element of malice was harmless.
Criminal Law and Procedure 4DCA/3 May 8, 2025
Federal Trade Commission v. Microsoft Corp.
Federal Trade Commission failed to establish the requisite likelihood of success to preliminarily enjoin Microsoft's acquisition of video game developer Activision Blizzard, Inc.
Antitrust 9th May 8, 2025