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Name Category Published
Kaanaana v. Barrett Business Services
Order
2DCA/8 Mar. 1, 2019
Hart v. Keenan Properties
Order
1DCA/5 Mar. 1, 2019
Fazaga v. Walls
Foreign Intelligence Surveillance Act displaces federal common law state secrets privilege; its procedures are to be used when party challenges legality of electronic surveillance.
Constitutional Law 9th Mar. 1, 2019
People v. Amezcua and Flores
Defendant's decision not to present a defense at the penalty stage of a capital trial is not a denial of the right to counsel or a reliable penalty determination.
Criminal Law and Procedure CASC Mar. 1, 2019
Sweetwater Union High School Dist. v. Gilbane Bldg. Co.
Anti-SLAPP statute permits consideration of affidavit equivalents such as change of plea forms and the incorporated factual narratives if made under penalty of California's perjury laws and if admissible at trial.
Anti-SLAPP 4DCA/1 Mar. 1, 2019
Conservatorship of O.B.
Appellate court ruling on sufficiency of evidence supporting trial court's factual findings will look to all supporting evidence and may set aside conflicting evidence.
Conservatorship 2DCA/6 Feb. 28, 2019
Ryan v. Real Estate of the Pacific
Expert opinion is required in professional malpractice claims except when the negligence is obvious to laymen; thus, realtor's failure to disclose information he knew about neighbor's extensive remodeling plans required no expert.
Torts 4DCA/1 Feb. 28, 2019
City of Sierra Madre v. SunTrust Mortgage
Authorizing a super-priority lien to secure loan taken by receiver to fund remediation of defendants' property not abuse of discretion; receiver has broad powers under Code of Civil Procedure Section 568.
Real Property 2DCA/3 Feb. 28, 2019
Los Angeles County Metropolitan etc. v. Yum Yum Donut Shops
Condemnees showing loss of some goodwill value that cannot be prevented by relocating or other reasonable measures need not mitigate to be entitled to some recovery and a jury trial.
Eminent Domain 2DCA/1 Feb. 28, 2019
Jam v. International Finance Corp.
The International Organizations Immunities Act grants international organizations the 'same immunity' from suit 'as foreign governments;' thus, the Foreign Sovereign Immunities Act governed the immunity of respondent.
Immunity USSC Feb. 28, 2019
Garza v. Idaho
Plea agreement including appeal waivers does not change application of 'Flores-Ortega' rule that, where counsel's deficient performance precludes defendant's desired appeal, prejudice in ineffective assistance claim is presumed.
Constitutional Law USSC Feb. 28, 2019
Madison v. Alabama
Under Eighth Amendment, court must determine whether prisoner possesses 'rational understanding of why the State wants to execute him' before proceeding with execution.
Constitutional Law USSC Feb. 28, 2019
Castro v. Tri Marine Fish Co.
A settlement agreement and confirming order do not constitute an arbitral award under the New York Convention and Convention Act simply because they are signed in the presence of an arbitrator.
Arbitration 9th Feb. 28, 2019
Nutraceutical Corp. v. Lambert
Non-jurisdictional nature of Rule 23(f) does not render it appropriate for equitable tolling; since other rules clearly speak to firm nature of rule's 14-day deadline, court lacks jurisdiction to toll it.
Civil Procedure USSC Feb. 27, 2019
Klikno v. U.S.
Order
USSC Feb. 27, 2019
Franklin v. U.S.
Order
USSC Feb. 27, 2019
Van Sach v. U.S.
Order
USSC Feb. 27, 2019
Shields v. U.S.
Order
USSC Feb. 27, 2019
Baker v. Berryhill
Order
USSC Feb. 27, 2019
Lipscomb v. U.S.
Order
USSC Feb. 27, 2019
Browning v. U.S.
Order
USSC Feb. 27, 2019
Rotkiske v. Klemm
Order
USSC Feb. 27, 2019
Marquez v. City of Long Beach
Legislature may exercise authority over minimum wages, despite authority in charter cities to legislate as to municipal affairs, because minimum wage addresses state's interest in ensuring workers can afford necessities in life.
Constitutional Law 2DCA/7 Feb. 27, 2019
People v. Huber
When a mix of on-reservation and off-reservation conduct is at issue, California law is not preempted if there are off-reservation effects that necessitate State intervention.
Native American Affairs 1DCA/4 Feb. 27, 2019
Deere & Co. v. Allstate Insurance Co.
Higher-layer excess policies were triggered once the first-layer excess policy limits, which were subject to a self-insured retention paid by plaintiff, had been exhausted; thus, judgment was reversed.
Insurance 1DCA/4 Feb. 27, 2019
Wadler v. Bio-Rad Laboratories
Provisions of the Foreign Corrupt Practices Act are not 'rules or regulations' of the SEC for purposes of Section 806 of the Sarbanes-Oxley Act.
Labor Law 9th Feb. 27, 2019
Arrey v. Barr
Board of Immigration Appeals committed legal error in its application of the 'firm settlement rule' when it declined to consider evidence of petitioner's past persecution; thus, claim remanded.
Immigration 9th Feb. 27, 2019
Miller v. Inslee
'Janus' does not render state-mandated exclusive bargaining arrangement a First Amendment free association violation.
Constitutional Law 9th Feb. 27, 2019
J.B. v. U.S.
IRS Publication 1 is insufficient notice under I.R.C. Section 7602(c)(1) because it does not provide taxpayers 'reasonable notice in advance' before third-party contacts are made.
Administrative Agencies 9th Feb. 27, 2019
Yovino v. Rizo
A federal court may not count the vote of a judge who dies before the decision is issued under 28 U. S. C. Section 46(c); thus, Ninth Circuit judgment vacated.
Judges USSC Feb. 26, 2019