| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
15-72092
|
Amended Opinion: Aguirre Barbosa v. Barr
Under the theft framework, a violation of Oregon Revised Statutes Section 164.395, a crime of robbery in the third degree, is not categorically a crime involving moral turpitude. |
Immigration |
|
S. Graber | Jun. 7, 2019 |
|
17-50308
|
U.S. v. Benamor
Government need not prove defendant knew firearm lacked antiquity exempting it from Penal Code Section 922(g), since antiquity is an affirmative defense rather than an element of the crime. |
Criminal Law and Procedure |
|
S. Graber | Jun. 7, 2019 |
|
15-56014
|
In Re Hyundai and Kia Fuel Economy Litigation
District court did not abuse its discretion in finding that common issues predominated because class members were exposed to uniform fuel-economy misrepresentations and suffered identical injuries within only small range of damages. |
Civil Procedure |
|
J. Nguyen | Jun. 7, 2019 |
|
17-72852
|
Bergelectric v. Secretary of Labor
Petitioner was not performing roofing work when it installed solar panels on a roof and it did not comply with the stricter safety standard governing work on unprotected sides and edges. |
Administrative Agencies |
|
P. Curiam (9th Cir.) | Jun. 7, 2019 |
|
G054496
|
Modification: Mercury Insurance Co. v. Lara
Trial court's ruling that Insurance Companies' 'broker fees' were not premium because they were charged for separate services was barred by collateral estoppel; thus, writ of mandate vacated. |
Insurance |
|
D. Thompson | Jun. 6, 2019 |
|
17-16622
|
National Abortion Federation v. Center for Medical Progress
Court lacked jurisdiction to hear consolidated appeals from district court order holding appellants in civil contempt for violating court's preliminary injunction because no final judgment had been entered. |
Civil Procedure |
|
P. Watford | Jun. 6, 2019 |
|
16-56498
|
NEI Contracting and Engineering v. Hanson Aggregates
Because class representative was found to lack standing, trial court did not abuse its discretion in decertifying class and plaintiff waived standing determination by failing to challenge that determination. |
Civil Procedure |
|
S. Gleason | Jun. 6, 2019 |
|
17-30191
|
U.S. v. Brown
Officers responding to an anonymous tip that young, black man possessed a gun was insufficient to support a stop and frisk of defendant under 'Terry v. Ohio.' |
Criminal Law and Procedure |
|
M. McKeown | Jun. 6, 2019 |
|
D073103
|
People v. Gutierrez
Defendant twice failed to exercise statutory right to request that the court consider ability to pay in setting a restitution fine; thus, he forfeited challenge to those fines and fees. |
Criminal Law and Procedure |
|
J. Haller | Jun. 6, 2019 |
|
A153296
|
In re J.M.
Juveniles who are not charged as adults are not statutorily eligible for the mental health program under Penal Code Sections 1001.35 and 1001.36. |
Juveniles |
|
C. Fujisaki | Jun. 5, 2019 |
|
18-1234
|
In Re Carlos Carrion Jr.
Former husband remained personally liable for entire amount of student loan debt despite former wife's assumption of half the debt in a marital settlement agreement. |
Bankruptcy |
|
R. Faris | Jun. 5, 2019 |
|
18-1098
|
In Re Augustine Pena III
Chapter 7 trustee abandoned rental properties after bankruptcy case converted, but not rents derived therefrom; thus, bankruptcy court did not err in denying debtor's application to recover those unclaimed funds. |
Bankruptcy |
|
G. Spraker | Jun. 5, 2019 |
|
A150629
|
Berger v. Varum
The Uniform Voidable Transactions Act supplements, not replaces, common law fraudulent transfer, and plaintiff adequately pled common law fraudulent transfer by alleging specific financial damages resulting from defendants' conduct. |
Torts |
|
S. Margulies | Jun. 5, 2019 |
|
17-55818
|
Gold Value Int'l Textile v. Sanctuary Clothing
Copyright registration was invalid because all elements of Section 411(b) of the Prioritizing Resources and Organization for Intellectual Property Act of 2008 were established. |
Copyright |
|
G. Steeh | Jun. 5, 2019 |
|
17-35559
|
Austin v. University of Oregon
Because plaintiffs' theories of liability were missing sufficient, nonconclusory allegations plausibly linking University's disciplinary action against them to discrimination on basis of sex, district court properly dismissed Title IX claims. |
Civil Rights |
|
M. McKeown | Jun. 5, 2019 |
|
C077711
|
Modification: People v. Warner
Trial court did not err in finding that there was sufficient evidence to show that defendant intended to kill under 'kill zone' theory and to so instruct the jury. |
Criminal Law and Procedure |
|
Jun. 5, 2019 | |
|
18-7187
|
Wheeler v. U.S.
Order |
|
Jun. 4, 2019 | ||
|
18-877
|
Allen v. Cooper
Order |
|
Jun. 4, 2019 | ||
|
18-1165
|
Retirement Plans Comm. v. Jander
Order |
|
Jun. 4, 2019 | ||
|
18-7739
|
Holguin-Hernandez v. U.S.
Order |
|
Jun. 4, 2019 | ||
|
17-8995
|
Mont v. U.S.
Pretrial detention qualifies as 'imprisonment in connection with a conviction' under 18 U.S.C. Section 3624(e) if a subsequent sentence credits that detention as time served, tolling defendant's supervised release term. |
Criminal Law and Procedure |
|
C. Thomas | Jun. 4, 2019 |
|
18-525
|
Fort Bend County, Texas v. Davis
Title VII's charge-filing requirement is a processing rule, albeit a mandatory one, not a jurisdictional prescription delineating the adjudicatory authority of courts. |
Employment Law |
|
R. Ginsburg | Jun. 4, 2019 |
|
18-489
|
Taggart v. Lorenzen
Creditor may be held in civil contempt for violating a discharge order based on an objectively unreasonable belief that the order did not bar creditor's conduct. |
Bankruptcy |
|
S. Breyer | Jun. 4, 2019 |
|
17-1484
|
Azar v. Allina Health Services
Because government has not identified lawful excuse for neglecting statutory notice-and-comment obligations, its policy that dramatically reduced payments to hospitals serving low-income patients was vacated. |
Health Care |
|
N. Gorsuch | Jun. 4, 2019 |
|
H044905
|
Longview International Inc. v. Stirling
Recording of abstract of judgment while corporation was suspended is a procedural matter which was retroactively validated when its corporate powers were restored. |
Real Property |
|
A. Grover | Jun. 4, 2019 |
|
A147060
|
People v. Osotonu
Defendant who bombed an ATM entered an area objectively off-limits to the public with intent to steal therefrom; thus, he could not have his burglary conviction recast as misdemeanor shoplifting. |
Criminal Law and Procedure |
|
T. Brown | Jun. 4, 2019 |
|
S239122
|
People v. Valenzuela
Reduction of defendant's grand theft conviction to misdemeanor through Proposition 47 established absence of essential element of street terrorism offense -- felonious criminal conduct; thus, street terrorism conviction was dismissed. |
Criminal Law and Procedure |
|
T. Cantil-Sakauye | Jun. 4, 2019 |
|
S240153
|
In re Cook
Defendant entitled to a hearing under Penal Code Sections 3051 and 4801 may seek a 'People v. Franklin' proceeding despite defendant's sentence being otherwise final. |
Criminal Law and Procedure |
|
C. Corrigan | Jun. 4, 2019 |
|
17-55572
|
U.S. v. Knotek
18 U.S.C. Section 3196 did not unconstitutionally amend the extradition treaty between the Czech Republic and the United States, and attempted extortion was an extraditable offense. |
International Law |
|
R. Paez | Jun. 4, 2019 |
|
17-15790
|
Center for Biological Diversity v. USFS
Plaintiffs established injury in fact, causation, and that a ruling in their favor would require defendant to mitigate particular the harms alleged, thus presenting a justiciable dispute. |
Civil Procedure |
|
M. Berzon | Jun. 3, 2019 |