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Name Category Published
BNSF R. Co. v. Loos
Lost wages awarded to an injured railroad worker under the Federal Employers' Liability Act are generally "compensation" under the Railroad Retirement Tax Act, and are thus taxable. 		Employment Law USSC Mar. 5, 2019
Rimini Street, Inc. v. Oracle USA, Inc.
Copyright Act gives courts discretion to award 'full costs' to a party in copyright litigation but courts may not award litigation expenses not specified in Sections 1821 and 1920 absent explicit authority. 		Copyright USSC Mar. 5, 2019
Fabian-Baltazar v. U.S.
Order 		USSC Mar. 5, 2019
Iancu v. Nantkwest Inc.
Order 		USSC Mar. 5, 2019
Spreitz v. Ryan
In evaluating defendant's long-term alcohol and substance abuse, Arizona Supreme Court applied its causal nexus test in violation of 'Eddings v. Oklahoma' and refused to consider it in assessing nonstatutory mitigating circumstances. 		Constitutional Law 9th Mar. 5, 2019
Iopa v. Saltchuk-Young Brothers
Excusable neglect analysis is proper when evaluating an untimely petition for attorney's fees under the Longshore Act, and a lack of excusable neglect provides grounds to strike untimely petitions. 		statutory_interpretation 9th Mar. 5, 2019
U.S. v. Gilton
Where a magistrate judge erroneously grants a search warrant without supporting probable cause, but police have no reason to question the magistrate's decision, the exclusionary rule will not apply. 		Criminal Law and Procedure 9th Mar. 5, 2019
Cal Fire Local 2881 v. Cal. Pub. Employees' Retirement System
Statutory-enacted benefit allowing opportunity for purchase of pension-enhancing credits is not within protection of California Constitution contract clause; may be eliminated by statutory amendment. 		Government CASC Mar. 5, 2019
McClain v. Sav-On Drugs
'Javor' remedy allowing customers to bring tax suit against retailer for improper imposition of sales tax only available where Board of Equalization has previously determined imposition of tax was, indeed, improper. 		Tax CASC Mar. 5, 2019
Laker v. Bd. of Trustees of the California State University
Universities' internal investigations qualify as official proceedings authorized by law, and statements made during those investigations qualify as protected activity for anti-SLAPP purposes. 		Anti-SLAPP 6DCA Mar. 4, 2019
People v. Alvarez
Gross vehicular manslaughter while intoxicated not a lesser included offense of murder under the elements test or the accusatory pleading test; thus, trial court correctly denied defendant's request to instruct as such. 		Criminal Law and Procedure 4DCA/1 Mar. 4, 2019
People v. Matthews
Despite the trial court erroneously adding a superfluous element to the charged offense in jury instructions, that error does not undermine the conviction's validity. 		Criminal Law and Procedure 2DCA/2 Mar. 4, 2019
People v. Orozco
'Miranda' not required when defendant confessed to killing his infant to the mother in an interview orchestrated by police because mother was acting as an agent of police and defendant was unaware. 		Criminal Law and Procedure 2DCA/2 Mar. 4, 2019
People v. Dimacali
Misdemeanor hit-and-run is public offense not susceptible to civil compromise under Penal Code Section 1377. 		Criminal Law and Procedure 4DCA/1 Mar. 4, 2019
In re L.W.
Though substance abuse, alone, not sufficient for dependency jurisdiction, where mother's substance abuse is coupled with instances of reckless conduct such as driving under the influence, dependency jurisdiction not improper. 		Juveniles 2DCA/8 Mar. 4, 2019
Martinez v. O'Hara
Counsel's use of "succubustic" describing a female judicial officer's ruling and suggesting the judicial officer intentionally refused to follow the law in court papers are reportable misconduct. 		Attorneys 4DCA/3 Mar. 4, 2019
Crawford v. A.B. Won Pat Int'l Airport Authority
Guam government's difference in treatment between ancestral landowners whose lands were no longer in use and those whose lands continued to be used passed rational basis scrutiny and served an important purpose. 		Civil Rights 9th Mar. 4, 2019
Rodney v. Filson
Where the record lacks sufficient information to allow conclusive evaluation of whether a petitioner's ineffective assistance of counsel claim is substantial, remand is necessary. 		Criminal Law and Procedure 9th Mar. 4, 2019
Insurance Co. of the State of Pennsylvania v. American Safety Indemnity Co.
Because judgment was secured against the insured 'in an action based upon... property damage,' the judgment creditor plaintiff may 'recover on the judgment' under Insurance Code Section 11580. 		Insurance 2DCA/8 Mar. 4, 2019
Design Built Systems v. Sorokine
Establishing a violation of Internal Revenue Code Section 7434 requires showing a filed information report was willfully fraudulent, rather than merely erroneous. 		statutory_interpretation 1DCA/2 Mar. 1, 2019
People v. Chamizo
Senate Bill 180 not intended to apply to those whose criminal convictions had become final; thus, trial court was without jurisdiction to consider motion for resentencing. 		Criminal Law and Procedure 3DCA Mar. 1, 2019
MDQ, LLC v. Gilbert, Kelly, Crowley & Jennett LLP
Security interests and security agreements in personal property are governed by the UCC, and priority of conflicting interests is determined by timing of filing or perfection. 		statutory_interpretation 2DCA/8 Mar. 1, 2019
Hardie v. Nationstar Mortgage LLC
Under Civil Code Section 2924.12(h), borrower who obtains temporary restraining order is 'prevailing borrower' for purposes of attorney fees but because the attorney fee request was procedurally defective, award was reversed. 		Remedies 5DCA Mar. 1, 2019
People v. Brown
Amount of stolen property purloined from two separate stores should not have been aggregated so as to charge defendant with felonious receipt of stolen property over $950; each transaction was discrete misdemeanor. 		Criminal Law and Procedure 1DCA/4 Mar. 1, 2019
Moorer v. Noble LA Events Inc.
Plaintiff refused to comply with court's order to distribute 25 percent of penalties to be allocated under the Private Attorney General Act of 2004 to all aggrieved employees; thus, dismissal affirmed. 		Labor Law 2DCA/7 Mar. 1, 2019
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
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