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Campbell v. City of Los Angeles
Where motion to decertify collective FLSA suit considered at summary judgment stage of litigation, proper standard of review as to whether plaintiffs are 'similarly situated' is, essentially, summary judgment standard. 		Labor Law 9th Sep. 14, 2018
U.S. v. Lynch
The 'safety valve' of 18. U.S.C. Section 3553(f) is a narrow exception that cannot be applied to 'leader or organizer' of offense involving five or more participants. 		Criminal Law and Procedure 9th Sep. 14, 2018
Takhar v. People ex rel. Feather River Air Quality Management Dist.
District's investigation of alleged violations of air pollution control laws, issuance of a notice of violation, and offer of settlement was protected petitioning activity in the context of an anti-SLAPP motion. 		Anti-SLAPP 3DCA Sep. 13, 2018
DNC v. Reagan
Under the First and Fourteenth Amendments, Arizona's House Bill 2023 only imposed a small burden on voters and thus, the state's justification to prevent absentee voter fraud was adequate. 		Constitutional Law 9th Sep. 13, 2018
U.S. v. Blackstone
District Court correctly denied an inmate's motion to set aside or vacate his sentence because it was time barred, and the Supreme Court decision in *Johnson* does not clearly extend to sentences imposed under advisory federal sentencing guidelines. 		Criminal Law and Procedure 9th Sep. 13, 2018
Amended Opinion: EEOC v. BNSF
Requiring job applicant to obtain and provide MRI examination as condition of employment violates Americans with Disabilities Act by discriminating on basis of perceived disability. 		Disability Discrimination 9th Sep. 13, 2018
Bohmker v. State of Oregon
District court properly granted summary judgment where the mining restrictions set forth in a state bill were not preempted by federal law. 		Environmental Law 9th Sep. 13, 2018
Amended Opinion: Villavicencio v. Sessions
A non-citizen may not be deported under 8 U.S.C. Section 1227 for a state criminal violation if such violation is not a categorical match to the corresponding federal offense. 		Immigration 9th Sep. 12, 2018
Martinez v. Cate
Detective's statements suggesting petitioner might not be booked if he talked after petitioner invoked his right to counsel constituted interrogation. 		Criminal Law and Procedure 9th Sep. 12, 2018
Americans for Prosperity Foundation v. Becerra
State's collecting information of tax-exempt charitable organizations' largest donors does not violate First Amendment right to free association, where government interest in deterring fraud is high, and no 'significant risk' disclosed information will become public. 		Constitutional Law 9th Sep. 12, 2018
Amended Opinion: U.S. ex rel. Silingo v. Wellpoint
Dismissal of reverse false claim affirmed were appellant fails to defend claim in response to motion to dismiss. 		Health Care 9th Sep. 12, 2018
People v. Hubbard
A recall of a sentence under Proposition 36 must be treated the same as a recall of sentence under Prop 47; thus, when a case is remanded for resentencing by an appellate court, the trial court is entitled to consider the entire sentencing scheme. 		Criminal Law and Procedure 3DCA Sep. 12, 2018
In re E.H.
Agency's lack of notice of the information provided by child's mother is not harmless error when terminating parental rights per the Child Welfare Act, where Agency failed to provide notice to Tribe that child had Native American heritage. 		Juveniles 4DCA/1 Sep. 11, 2018
Villanueva v. Fidelity National Title Company
Plaintiffs' class action was barred by Insurance Code Section 12414.26 because its theories related to ratemaking; thus Insurance Commissioner has exclusive original jurisdiction over Plaintiffs' claims. 		Insurance 6DCA Sep. 11, 2018
Brady v. Bayer Corp.
A demurrer was erroneously granted where a product's brand name advertised dosage of one tablet a day, but fine print on the back indicated dosage was two per day. 		Consumer Law 4DCA/3 Sep. 11, 2018
In re Edwards
Petitioner's habeas corpus petition was granted; The California Department of Corrections and Rehabilitation was directed to treat as void and repeal its promulgated regulations concerning 'nonviolent felony' offenses under Proposition 57. 		Criminal Law and Procedure 2DCA/5 Sep. 11, 2018
California Trucking Assoc. v. Su
A district court correctly found that the Federal Aviation Authorization Act does not preempt a state law standard for employee/independent contractor classification decisions. 		Labor Law 9th Sep. 11, 2018
American Federation of Musicians of the U.S. and Canada v. Paramount Pictures
The district court erred in granting summary judgment; there was a genuine dispute of material fact whether defendant 'produced' the motion picture, thus breaching its Basic Agreement to score domestically. 		Labor Law 9th Sep. 11, 2018
Scott v. County of San Bernardino
District court properly granted summary judgment and denied qualified immunity where officers arrested minors in violation of the Fourth Amendment to the U.S. Constitution given that their arrests were not 'justified at their inception.' 		Constitutional Law 9th Sep. 11, 2018
Ioane v. Noll
Individual has established Fourth Amendment right to privacy against intrusion involving visual search of naked body, where intrusion into privacy outweighs given governmental interests. 		Constitutional Law 9th Sep. 11, 2018
Barefoot v. Jennings
Where former beneficiary is 'expressly disinherited' from inter vivos trust by amendment, that party lacks standing to challenge reserved for beneficiaries. 		probate_and_trusts 5DCA Sep. 11, 2018
In re D.Y.
Welfare and Institutions Code Section 366.3(a) did not obligate the dependency court to retain jurisdiction simply because the relative legal guardian objected to termination; the decision remained in the court's discretion. 		Dependency 2DCA/4 Sep. 10, 2018
Friends of Riverside's Hills v. City or Riverside
Appellant's claims alleging that a development might violate land use provisions in the future was not a ground for preparing an Environmental Impact Review under the California Environmental Quality Act. 		Environmental Law 4DCA/2 Sep. 10, 2018
Rynearson v. Ferguson
District court properly dismissed a challenge to a state cyberstalking statute, where the state protection proceedings didn't present the exceptional circumstances that warrant abstention. 		Civil Rights 9th Sep. 10, 2018
InfoSpan Inc. v. Emirates NBD Bank PJSC
Party does not waive personal jurisdiction objection by fully litigating matter after bringing personal jurisdiction dismissal motion to adverse ruling. 		Civil Procedure 9th Sep. 10, 2018
U.S. v. Garcia-Lopez
Because California robbery is no longer a 'crime of violence,' the panel vacated the district court's order denying Appellant's motion to withdraw his guilty plea for illegally reentering the United States after deportation. 		Immigration 9th Sep. 10, 2018
American Fuel & Petrochemical Manufacturers v. O'Keeffe
District court properly rejected claims that a state environmental program violated the Commerce Clause or the Clean Air Act, where the state regulation regarding greenhouse emissions had 'valid factor unrelated to economic protectionism." 		Constitutional Law 9th Sep. 10, 2018
Black v. City of Rancho Palos Verdes
Where prior cases do not centrally deal with proposition central to instant matter, reliance upon those cases for proposition that administrative remedies need not be exhausted is improper. 		Constitutional Law 2DCA/1 Sep. 10, 2018
In re Bennett
Evidence was insufficient to support a finding that defendant was a 'major participant' who acted with 'reckless indifference to human life' in his first degree felony-murder conviction; thus he must be resentenced. 		Criminal Law and Procedure 4DCA/3 Sep. 7, 2018
Pogosyan v. Appellate Division of Superior Court
A trial court erred by denying defendant's motion to dismiss after the 10-day limiting grace period had expired under Penal Code Section 1382. 		Criminal Law and Procedure 2DCA/4 Sep. 7, 2018
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