| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
16-73906
|
Frimmel Management v. U.S.
Petition for review of ALJ’s order denying suppression of records obtained through ICE investigation resulting from county sheriff’s office’s illegal raid granted where ICE investigation is not attenuated from raid. |
Immigration |
|
D. Nelson | Jul. 27, 2018 |
|
16-36045
|
McGreevey v. PHH Mortgage Corp.
Catchall limitations period in 28 U.S.C. Section 1658 applies to time bar delayed filing of servicemember against defendants that foreclosed on his home after he returned from a tour of duty. |
Real Property |
|
J. Antoon | Jul. 27, 2018 |
|
16-30186
|
U.S. v. Holden
Conviction of mail and wire fraud affirmed where court's interpretation that relevant statutes criminalize 'participation' in defraud schemes does not violate separation-of-powers principles. |
Criminal Law and Procedure |
|
S. Graber | Jul. 27, 2018 |
|
16-35589
|
Alliance for the Wild Rockies v. Savage
Where Forest Service fails to clearly show new road miles in project won't increase baseline miles within protected National Forest area home to threatened grizzly bear species, action is arbitrary and capricious. |
Environmental Law |
|
R. Paez | Jul. 27, 2018 |
|
S236765
|
Modification: Liberty Surplus Ins. Corp. v. Ledesma & Meyer Construction Co., Inc.
California law provides that duty to defend may be required of insurer in negligent hiring context, even where acts of hired employee causing harm were willful. |
Insurance |
|
C. Corrigan | Jul. 27, 2018 |
|
B279863
|
People v. Yates
Expert testimony is inadmissible hearsay where it 'relates as true case-specific content of documents' not admitted into evidence and not shown to be exceptions to hearsay. |
Criminal Law and Procedure |
|
E. Lui | Jul. 26, 2018 |
|
A152530
|
People v. Morales
A trial court erroneously denied a noncitizen's application by determining that under the statute the applicant was barred from bringing *any* Section 1473.7 motion until after the entry of a final removal order. |
Immigration |
|
T. Stewart | Jul. 26, 2018 |
|
A153818
|
Jackson v. Superior Court
Prosecutor violates Penal Code 939.5 by dismissing grand juror, but no due process violation where remaining jurors were 'in no way undermined' in ability to determining whether to charge defendant. |
Constitutional Law |
|
E. Schulman | Jul. 26, 2018 |
|
G055469
|
Fluidmaster v. Fireman's Fund Ins. Co.
Case remanded under 'Kirk v. First American Title Ins. Co.' for reevaluation where disqualified attorney departs from mega-firm during pendency of appeal. |
Attorneys |
|
W. Bedsworth | Jul. 26, 2018 |
|
G054825
|
Tripplett v. Workers' Compensation Appeals Bd.
Workers' Compensation Appeals Board did not err in rejecting a claim due to lack of jurisdiction, where neither professional football player claimant nor his agent was in California when relevant contract signed. |
Workers' Compensation |
|
R. Aronson | Jul. 26, 2018 |
|
16-56856
|
In re Wrightwood Guest Ranch
Judgment affirmed where appellants fail to timely assert right to object to settlement agreement they challenge on appeal. |
Bankruptcy |
|
J. Rogers | Jul. 26, 2018 |
|
16-55425
|
Freedom From Religion Foundation v. Chino Valley Unified School District
Board of Education's official policy of beginning meetings with religion invocation not within 'Legislative Prayer Exception,' violates 'Lemon' test due to religious purpose. |
Constitutional Law |
|
P. Curiam (9th Cir.) | Jul. 26, 2018 |
|
15-99001
|
Echavarria v. Filson
Due process violation where judge who sentenced defendant to death had conflicts of interest creating an unacceptable risk of bias. |
Constitutional Law |
|
W. Fletcher | Jul. 26, 2018 |
|
H044609
|
People v. Bear
Under Prop 47, Penal Code Section 1170.18 does not preclude amended resentencing petition. |
Criminal Law and Procedure |
|
F. Elia | Jul. 25, 2018 |
|
F073159
|
Modification: People v. Warren
Where intent clear in Prop 47 to 'relieve defendants of the burdens of both felony convictions and felony sentences,' prison time served for reclassified offense cannot be basis for subsequent enhancement based on time served for a felony. |
Criminal Law and Procedure |
|
M. Smith | Jul. 25, 2018 |
|
17-55550
|
Munro v. University of Southern California
Denial of motion to compel arbitration affirmed where action’s claims are brought on behalf of ERISA plans and therefore do not fall within scope of arbitration agreement. |
Arbitration |
|
S. Thomas | Jul. 25, 2018 |
|
16-73349
|
Slone v. Commissioner of Internal Revenue
Judgment reversed where debtor's transfer operates as a liquidated distribution designed to avoid tax liability and is therefore constructively fraudulent. |
Tax |
|
M. Schroeder | Jul. 25, 2018 |
|
16-70496
|
Altera Corp. v. Commissioner of Internal Revenue
Regulations on related entities sharing cost of employee stock compensation not 'arbitrary and capricious' exercise of Treasury's regulatory power. |
Tax |
|
S. Thomas | Jul. 25, 2018 |
|
16-35897
|
OTR Wheel Engineering v. West Worldwide Services
Jury verdict finding defendant liable for reverse passing off under Lanham Act affirmed where defendant passes off plaintiff’s genuine products as his own. |
Intellectual Property |
|
R. Clifton | Jul. 25, 2018 |
|
16-35688
|
Glacier Films v. Turchin
Where court's denial of attorney fees is based at least in part on court's exasperation with other, similar but unrelated suits, denial is abuse of discretion. |
Copyright |
|
M. McKeown | Jul. 25, 2018 |
|
16-17354
|
Golden v. California Emergency Physicians Medical Group
Settlement agreement reversed where it violated Business & Professions Code Section 16600 by placing a substantial restriction on the doctor's ability to practice medicine. |
Employment Law |
|
J. Bates | Jul. 25, 2018 |
|
16-15728
|
Allen v. Milas
No avenue for review of a consular officer's adjudication of a visa on the merits, under the doctrine of nonreviewability. |
Immigration |
|
J. Bybee | Jul. 25, 2018 |
|
12-17808
|
Young v. State of Hawaii
Terms of Second Amendment indicate constitutional protection of right to 'bear' arms in public; Hawaii law strictly limiting right to open carry violates 'core of the Second Amendment.' |
Constitutional Law |
|
D. O'Scannlain | Jul. 25, 2018 |
|
17-15196
|
Segalman v. Southwest Airlines
District court did not err in concluding that the Air Carrier Access Act of 1986 does not imply a private cause of action. |
Disability Discrimination |
|
R. Paez | Jul. 24, 2018 |
|
17-10424
|
U.S. v. Sleugh
No presumption of public access under the First Amendment that attaches to Federal Rule 17(c) subpoena applications and their supporting documents. |
Constitutional Law |
|
T. Berg | Jul. 24, 2018 |
|
14-71742
|
Martinez-Cedillo v. Sessions
Petition for review denied where Board of Immigration Appeals’ reasonable interpretation is entitled to deference under ‘Chevron v. Natural Resources Defense Council.’ |
Immigration |
|
J. Bybee | Jul. 24, 2018 |
|
C080535
|
Lafferty v. Wells Fargo Bank, N.A.
Regulation limiting recovery by consumer to amount paid under installment contract does not prevent court from awarding costs and prejudgment interest where statutes provide that such awards be allowed 'in any action.' |
Contracts |
|
A. Hoch | Jul. 23, 2018 |
|
B284312
|
Conservatorship of S.A.
Judgment affirmed where medical records are admissible under business record exception to hearsay. |
Civil Procedure |
|
M. Tangeman | Jul. 23, 2018 |
|
B279452
|
People v. Murdock
A trial court erroneously denied an inmate's motion for a trial where inmate was already serving time in county jail on a different charge and different county, thereby violating the inmate's due process rights. |
Constitutional Law |
|
S. Perren | Jul. 23, 2018 |
|
G054999
|
People v. Booth
Judgment affirmed where court correctly concludes that it has ‘no discretion other than to impose’ indeterminate sentence. |
Criminal Law and Procedure |
|
R. Ikola | Jul. 23, 2018 |
