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Name Category Published
Panah v. Chappell
Even without serology testimony regarding bodily fluid stains found in defendant's bedroom, and assuming counsel's performance was deficient, the overwhelming evidence supported guilt and defendant was not prejudiced. 		Civil Rights 9th Aug. 22, 2019
Harris v. Harris
Dismissals for refusal to exercise supplemental jurisdiction, failure to serve, and quasi-judicial immunity are not grounds giving rise to strikes under the Prison Litigation Reform Act. 		Prisoners' Rights 9th Aug. 22, 2019
U.S. v. Green
Sentencing court erred by concluding that it could not first hear defendant's allocution before determining whether reduction for acceptance of responsibility was warranted under Sentencing Guidelines. 		Criminal Law and Procedure 9th Aug. 22, 2019
Murray v. Mayo Clinic
For claims under the Americans with Disabilities Act, the but-for causation standard is the appropriate standard to include in the jury instruction. 		Employment Discrimination 9th Aug. 21, 2019
Dorman v. Charles Schwab Corp.
'American Express Co. v. Italian Colors Restaurant' was intervening Supreme Court authority irreconcilable with 'Amaro v. Continental Can Co.', so ERISA claims may now be subject to mandatory arbitration. 		Arbitration 9th Aug. 21, 2019
Dyroff v. The Ultimate Software Group
Website operator was fully immune from liability because it did not publish its own content, published users' posts without materially contributing to them, and owed no duty to plaintiff's deceased son. 		Immunity 9th Aug. 21, 2019
Valtierra v. Medtronic
Under the Americans with Disabilities Act and the Equal Employment Opportunity Commission guidelines, morbid obesity is not a physical impairment to be categorized as a disability for employment discrimination lawsuits. 		Employment Discrimination 9th Aug. 21, 2019
Zuniga v. Barr
Petitioner had right to counsel in reasonable fear review proceedings initiated under 8 U.S.C. Section 1228, and Immigration Judge failed to obtain valid waiver of that right. 		Immigration 9th Aug. 21, 2019
Fuller v. Department of Transportation
Jury's special verdict was not inconsistent because the dangerous condition finding did not necessitate finding the dangerous condition created reasonably foreseeable risk that the relevant kind of incident would occur. 		Government California Courts of Appeal Aug. 21, 2019
In re Rigsby
A prisoner possesses items in his cell when he has knowledge of the items and the items are located in an area accessible to all prisoners residing in that cell. 		Prisoners' Rights 5DCA Aug. 21, 2019
Blech v. Blech
Creditor may file Probate Code Section 15301(b) petition to enforce a money judgment against a nondiscretionary principal distribution before that distribution is due and payable. 		probate_and_trusts 2DCA/3 Aug. 20, 2019
People v. Rodriguez
Under Penal Code Section 1473.7, a criminal defendant's motion to vacate may not be considered untimely if the statute was enacted later on in his trial proceedings. 		Criminal Law and Procedure 4DCA/2 Aug. 20, 2019
People v. McDaniel
Defendant's non-response to mother's indirect accusation that he committed robberies was not an adoptive admission, and documents found in defendant's vehicle were not relevant to current proceedings. 		Evidence 5DCA Aug. 20, 2019
Union of Medical Marijuana Patients v. City of San Diego
Amending zoning regulations as part of ordinance regulating medical marijuana dispensaries was capable of causing indirect physical environmental changes, so the ordinance was a project necessitating CEQA analysis. 		Environmental Law CASC Aug. 20, 2019
U.S. v. Cuevas-Lopez
A criminal defendant's sentencing for a felony may be aggregated to determine sentencing enhancements if it falls under the 'single sentence rule' in United States Federal Sentencing Guidelines section 4A1.2(a)(2). 		Criminal Law and Procedure 9th Aug. 20, 2019
U.S. v. Begay
Second degree murder may be committed recklessly, thus does not qualify as categorical crime of violence. 		Criminal Law and Procedure 9th Aug. 20, 2019
U.S. v. Shayota
Even if district court erred in finding witnesses who asserted Fifth Amendment privilege were unavailable for Confrontation Clause purposes, error was harmless due to the strength of the government's case. 		Criminal Law and Procedure 9th Aug. 20, 2019
Chemehuevi Indian Tribe v. McMahon
Under 42 U.S.C. Section 1983, individual members of an Indian Tribe may seek relief for violations of federal law as individuals, not as a tribe. 		Native American Affairs 9th Aug. 20, 2019
People v. Santos
Prior to imposing court operations fines and criminal conviction assessments , a trial court must determine whether the criminal defendant is indigent or has the ability to pay the fine. 		Criminal Law and Procedure 6DCA Aug. 19, 2019
People v. Sanchez
Prosecutor did not misstate intent element of charged offense in closing, so defense counsel's failure to object could not constitute deficient performance. 		Criminal Law and Procedure 2DCA/2 Aug. 19, 2019
Mass v. Franchise Tax Bd.
Court found that taxpayers could not establish that Revenue and Taxation Code section 17145 conflicted with the tax exemption under article XIII of the California Constitution. 		Tax 2DCA/3 Aug. 19, 2019
East Bay Sanctuary Covenant v. Barr
Order 		9th Aug. 19, 2019
Senne v. Kansas City Royals Baseball
Plaintiffs satisfied class certification requirements of FRCP 23(a), 23(b)(3), and 23(b)(2), in light of plaintiffs' extensive representative evidence admissible under 'Tyson Foods v. Bouaphakeo.' 		Labor Law 9th Aug. 19, 2019
Amazon.com v. Commissioner of Internal Revenue
Only independently transferable assets, not residual-business assets inseparable from business such as workforce in place and growth options, are included in Treasury Regulation Section 1.482-4(b)'s definition of an "intangible" asset. 		Tax 9th Aug. 19, 2019
O'Rourke v. No. California Electrical Workers Pension Plan
Where an ERISA plan administrator's interpretation of what type of work falls within the plan's definition of 'prohibited employment' is strictly complied with, there is no abuse of discretion. 		Labor Law 9th Aug. 19, 2019
Tijerino v. Stetson Desert Project
Under the Fair Labor Standards Act, an employment status provision is not an antecedent jurisdictional limitation that inhibits subject matter jurisdiction. 		Labor Law 9th Aug. 19, 2019
U.S. v. Crum
Conviction for delivery of methamphetamine under Oregon Revised Statutes Section 475.890 qualified as a U.S.S.G. Section 4B1.2 "controlled substance offense" warranting assignment of a higher base offense level. 		Criminal Law and Procedure 9th Aug. 19, 2019
U.S. v. Cano
Border search exception does not permit warrantless, suspicionless forensic search of defendant's cell phone. 		Constitutional Law 9th Aug. 19, 2019
People ex rel. State Dept. of State Hospitals v. S.M.
In Mentally Disordered Offender proceeding, court will reverse only if it is more probable than not that appellant would have received a better result had he been allowed to represent himself. 		Criminal Law and Procedure 2DCA/6 Aug. 16, 2019
Hersey v. Vopava
Plaintiff obtained judgment more favorable than defendant's first Section 998 offer, but trial court did not address whether plaintiff was prevailing party with respect to defendant's second Section 998 offer, necessitating remand. 		Civil Procedure 2DCA/8 Aug. 16, 2019
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