| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
18-15
|
Kisor v. Wilkie
'Auer v. Robbins' and 'Bowles v. Seminole Rock & Sand Co.' which allow courts to defer to an agency's reasonable interpretation of its own genuinely ambiguous regulations, remain in place. |
Administrative Agencies |
|
E. Kagan | Jun. 27, 2019 |
|
17-1672
|
U.S. v. Haymond
When 'a finding of fact alters the legally prescribed punishment so as to aggravate it' that finding must be made by a jury of the defendant's peers beyond a reasonable doubt. |
Criminal Law and Procedure |
|
N. Gorsuch | Jun. 27, 2019 |
|
17-35760
|
Skokomish Tribe v. Jamestown S'Klallam Tribe
Tribe failed to comply with the jurisdictional rules and pre-filing requirements of Judge's decision in 'United States v. Washington,' so summary judgment against the Tribe was proper. |
Native American Affairs |
|
C. Bea | Jun. 27, 2019 |
|
17-15713
|
Interior Glass Systems v. U.S.
Taxpayer failed to disclose its participation in the Group Term Life Insurance Plan, a transaction substantially similar to the listed transaction of IRS Notice 2007-83, warranting monetary penalties. |
Tax |
|
P. Watford | Jun. 27, 2019 |
|
F077508
|
In re J.M.
The First Amendment's protection of free speech does not extend to protecting malicious statements that have the ability to provoke an immediate breach of peace, including false bomb threats. |
Constitutional Law |
|
J. Detjen | Jun. 26, 2019 |
|
D073830
|
People v. Korwin
Under Penal Code Section 288.3(a), contacting a minor with knowledge and intent to commit a sexual offense, it is not required that the victim is an actual minor. |
Criminal Law and Procedure |
|
J. McConnell | Jun. 26, 2019 |
|
A151536
|
Pneuma International, Inc. v. Cho
Trial court did not err in declining to base California's Unfair Competition Law cause of action on common-law tort of trespass to chattel; thus, judgment was affirmed. |
Torts |
|
J. Humes | Jun. 26, 2019 |
|
A153423
|
County of Sonoma v. Gustely
Trial court abused its discretion by reducing administrative hearing officer's daily penalty rate without identifying flaws in the hearing officer's process or lack of evidentiary support for the calculation. |
Administrative Agencies |
|
J. Kline | Jun. 26, 2019 |
|
G051787
|
People v. Toledano
After defendant proposed legally incorrect jury instructions on his litigation privilege affirmative defense, the trial court's failure to give legally correct instructions sua sponte prejudiced defendant. |
Criminal Law and Procedure |
|
R. Aronson | Jun. 26, 2019 |
|
B284521
|
Gonzalez v. City National Bank
42 U.S.C. Section 1396p(d)(4)(A) mandates that Department of Health Care Services seek recovery of total medical assistance paid on behalf of beneficiary in special needs trust containing that condition. |
probate_and_trusts |
|
N. Stone | Jun. 26, 2019 |
|
17-55180
|
Biel v. St. James School
Order |
|
Jun. 26, 2019 | ||
|
17-1679
|
Gray v. Wilkie
Order |
|
Jun. 25, 2019 | ||
|
17-1693
|
Blue Water Navy Vietnam Veterans v. Wilkie
Order |
|
Jun. 25, 2019 | ||
|
18-776
|
Guerrero-Lasprilla v. Barr
Order |
|
Jun. 25, 2019 | ||
|
18-1015
|
Ovalles v. Barr
Order |
|
Jun. 25, 2019 | ||
|
18-916
|
Dex Media Inc. v. Click-To-Call
Order |
|
Jun. 25, 2019 | ||
|
18-1023
|
Maine Community Health Options v. U.S.
Order |
|
Jun. 25, 2019 | ||
|
18-1028
|
Moda Health Plan Inc. v. U.S.
Order |
|
Jun. 25, 2019 | ||
|
18-1038
|
Land of Lincoln Mutual Health v. U.S.
Order |
|
Jun. 25, 2019 | ||
|
18-1150
|
Georgia v. Public.Resource.Org Inc.
Order |
|
Jun. 25, 2019 | ||
|
18-6943
|
Banister v. Davis
Order |
|
Jun. 25, 2019 | ||
|
18-266
|
Dutra Group v. Batterton
Mariner may not recover punitive damages on unseaworthy claim; punitive damages are not a traditional remedy for unseaworthiness. |
Maritime Law |
|
S. Alito | Jun. 25, 2019 |
|
18-302
|
Iancu v. Brunetti
Lanham Act's 'immoral or scandalous' bar to trademark registration under Section 1052(a) was viewpoint-based and unconstitutional under the First Amendment. |
Constitutional Law |
|
E. Kagan | Jun. 25, 2019 |
|
18-481
|
Food Marketing Institute v. Argus Leader Media
Commercial or financial information customarily and actually treated as private by its owner and imparted under assurance of privacy is 'confidential' under the Freedom of Information Act's Exemption 4. |
statutory_interpretation |
|
N. Gorsuch | Jun. 25, 2019 |
|
18-431
|
U.S. v. Davis
Under 18 U.S.C. Section 924(c)(3)(B), the residual clause defining 'crime of violence' in federal criminal prosecution for using a firearm during commission of the underlying crime, is unconstitutionally vague. |
Criminal Law and Procedure |
|
N. Gorsuch | Jun. 25, 2019 |
|
B278271
|
Eisen v. Tavangarian
Under California law, a landowner has no right to an unobstructed view, which includes any obstructions that may be caused by new improvements to neighboring property. |
Real Property |
|
D. Perluss | Jun. 25, 2019 |
|
A154235
|
Modification: Timlick v. National Enterprise Systems, Inc.
Trial court erred in dismissing entire putative class action because defendant voluntarily gave special treatment to named plaintiff only, resulting in the elimination of her standing to maintain putative class action. |
Civil Procedure |
|
C. Fujisaki | Jun. 25, 2019 |
|
S147335
|
People v. Mitchell
Trial court properly refused to instruct jury pursuant to CALJIC No. 8.73.1; in calling victim 'devil' defendant may have been referring to victim's horn tattoos, not because he was hallucinating. |
Criminal Law and Procedure |
|
G. Liu | Jun. 25, 2019 |
|
S221958
|
People v. Canizales
Kill zone instruction was improper because evidence was insufficient to support a reasonable inference that defendants intended to create a zone of fatal harm around a primary target. |
Criminal Law and Procedure |
|
T. Cantil-Sakauye | Jun. 25, 2019 |
|
17-16760
|
Center for Biological Diversity v. Ilano
Designation of landscape-scale areas under Healthy Forests Restoration Act does not trigger National Environmental Policy Act analysis; thus, summary judgment in favor of defendant affirmed. |
Environmental Law |
|
J. Nguyen | Jun. 25, 2019 |