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Name Category Published
Durnford v. MusclePharm
Food, Drug, and Cosmetic Act did not preempt appellant's claim that Supplement's label misled consumers because it was premised on protein composition and not protein amount.
Consumer Law 9th Oct. 15, 2018
People v. Yushchuk
No instructional error where jury was instructed separately on murder elements and there was no reasonable likelihood the jury would have employed the inference instructions to supplant the malice instructions for purposes of murder liability.
Criminal Law and Procedure 3DCA Oct. 15, 2018
In re A.S.
Under the ICWA, tribal customary adoption is intended to provide an Indian child with the same stability and permanency as traditional adoption, without the termination of parental rights.
Family Law 4DCA/1 Oct. 15, 2018
People v. Megown
Defendant's uncharged prior acts of domestic violence were admissible under Evidence Code Section 1109 with respect to cohabitant's mother because cohabitant was present; thus, the circumstances of these crimes involved domestic violence.
Evidence 4DCA/1 Oct. 15, 2018
Modification: People v. Bailey
It is the oral declarations of the jurors - not the submission of the written verdict forms - that constitute the return verdict.
Criminal Law and Procedure 2DCA/3 Oct. 12, 2018
B.(B.) v. County of Los Angeles
Order
2DCA/3 Oct. 12, 2018
People v. Frazier
Order
2DCA/5 Oct. 12, 2018
People v. Lemcke
Order
4DCA/3 Oct. 12, 2018
Apelt v. Ryan
Order
9th Oct. 12, 2018
Bunker Holdings v. Yang Ming Liberia
Appellant did not provide 'necessaries to a vessel on the order of...a person authorized by the owner' because fuel broker lacked authority to bind the vessel; thus its maritime lien failed.
Maritime Law 9th Oct. 12, 2018
SEC v. Stein
Four factors must be met for a party to invoke a defendant's criminal conviction as the basis for offensive nonmutual issue preclusion.
Civil Procedure 9th Oct. 12, 2018
In re Dept. of Commerce
Order
USSC Oct. 11, 2018
Doe v. Regents of the University of California
Appellant was deprived of due process during an administrative hearing because the evidence relied on was not provided to him; thus, he did not have a fair opportunity to cross-examine the witness.
Education 2DCA/6 Oct. 11, 2018
Payton v. Davis
Under the Antiterrorism and Effective Death Penalty Act, a certificate of appealability may be issued only if the applicant made a substantial showing of the denial of a constitutional right.
Criminal Law and Procedure 9th Oct. 11, 2018
U.S. v. Arpaio
Order
9th Oct. 11, 2018
U.S. v. Gonzalez
Fabricated law enforcement reports, made in effort to cover up beating of jail visitor, qualify as 'records' or 'documents' under 18 U.S.C. Section 1519.
Criminal Law and Procedure 9th Oct. 11, 2018
Glovis America, Inc. v. County of Ventura
Trial court did not err when it dismissed appellant's complaint because an option to extend a lease may be taxed if it is reasonable to assume the option will be exercised.
Contracts 2DCA/6 Oct. 11, 2018
In re E.R.
Juvenile courts and social services agencies have an affirmative duty to inquire at the outset of the proceedings whether a child subject to the proceeding may be an Indian child.
Juveniles 2DCA/6 Oct. 11, 2018
People v. Gutierrez
Trial court did not err by allowing the prosecution to impeach defendant with evidence that he took a car without the owner's permission because it was conduct involving moral turpitude.
Evidence 4DCA/2 Oct. 11, 2018
People v. Endsley
People found not guilty for reasons of insanity have the right to appear and testify at an outpatient placement hearing.
Criminal Law and Procedure 4DCA/2 Oct. 11, 2018
Niang v. Tomblinson
Order
USSC Oct. 10, 2018
Frazier v. U.S.
Order
USSC Oct. 10, 2018
Wilson v. Horton's Towing
Although marijuana was found on appellant while stopped on a state road, there was a 'direct connection to tribal lands' because appellant was leaving a casino on tribal land.
Native American Affairs 9th Oct. 10, 2018
Doe v. University of Southern California
Where a petitioner's challenge in a mandamus action rests on the sufficiency of the evidence, the court does not have the power to judge the intrinsic value of the evidence or to weigh it.
Education 2DCA/7 Oct. 10, 2018
Ruiz v. Musclewood Investment Properties
Under Civil Code Section 54.3(a) public sidewalks are considered a public facility in which a disabled individual cannot be deprived of using by any person(s), firm or corporation.
Torts 2DCA/5 Oct. 9, 2018
Manner v. U.S.
Order
USSC Oct. 8, 2018
Richitelli v. U.S.
Order
USSC Oct. 8, 2018
Parrales-Guzman v. U.S.
Order
USSC Oct. 8, 2018
Briley v. U.S.
Order
USSC Oct. 8, 2018
Pembrook v. U.S.
Order
USSC Oct. 8, 2018