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Dutta v. State Farm
Where submitted evidence shows applicant was duly denied employment based on consumer credit report information, plaintiff cannot maintain FCRA claim based on hirer's failure to provide timely notice to applicant of discovered adverse information. 		Constitutional Law 9th Jul. 16, 2018
Morales v. United States
Where USGS' failure to mark 40-foot cable above river was discretionary and borne on by policy choices, 'discretionary function' exception of Federal Tort Claims Act provides agency immunity in negligence action. 		Civil Procedure 9th Jul. 16, 2018
Belfiore-Braman v. Rotenberg
Trial court does not err in precluding expert testimony on causation where it is 'too speculative' to present to the jury. 		Evidence 4DCA/1 Jul. 16, 2018
L.G. v. M.B.
'Divorce proviso' proper basis to deny anti-SLAPP motion where potentially-defamatory statements made by defendant about third-party nanny in dissolution filings. 		Anti-SLAPP 2DCA/2 Jul. 16, 2018
People v. Ahmed
Judgment reversed where court deprives criminal defendant of constitutional right to assert defense. 		Criminal Law and Procedure 1DCA/3 Jul. 13, 2018
B.B. v. County of Los Angeles
Judgment imposing liability on defendant for 'entire' award despite jury's 'comparative fault' allocation vacated in part where Civil Code Section 1431.2 requires liability in proportion to comparative fault. 		Civil Procedure 2DCA/3 Jul. 13, 2018
People v. Spencer
No reversible error found in a 'Miranda' challenge, where the suspect was interviewed by two different officers about two different crimes, since officers were not required to readvise him of his Miranda rights. 		Criminal Law and Procedure CASC Jul. 13, 2018
UFCW Local 1500 Pension Fund v. Mayer
Dismissal of claims affirmed where claims hinge on power to challenge Investment Company Act exemption and ICA provides no private right of action to assert such challenge. 		Business Law 9th Jul. 13, 2018
Amended Opinion: U.S. v. Edling
Sentence vacated and remanded where Nevada convictions for robbery and felony coercion are not crimes of violence under U.S.S.G. Section 4B1.2(a). 		Criminal Law and Procedure 9th Jul. 13, 2018
U.S. v. Joyce
Bid rigging is a form of horizontal price fixing and is therefore per se illegal under Section 1 of the Sherman Act. 		Criminal Law and Procedure 9th Jul. 12, 2018
White v. Ryan
Death row inmate's habeas corpus relief granted where ineffective assistance of counsel consisted of not presenting mitigating evidence at the sentencing or resentencing hearing. 		Constitutional Law 9th Jul. 12, 2018
U.S. v. Pepe
Conviction for engaging in illicit sexual conduct in foreign place vacated and remanded where convicting statute, pre-amendment, requires showing that defendant was traveling at time of conduct. 		Criminal Law and Procedure 9th Jul. 12, 2018
Amended Opinion: Williams v. Gaye
Jury instruction as to scienter requirement in copyright case does not warrant new trial, particular where instructions, as a whole, make plain the applicable law. 		Copyright 9th Jul. 12, 2018
Modification: Shiver v. Laramee
Summary judgment affirmed where sudden emergency doctrine applies to defendant who acted reasonably during sudden, unexpected emergency that defendant did not cause. 		Civil Procedure 2DCA/6 Jul. 12, 2018
Richardson v. Dept. of Motor Vehicles
Trial court properly granted a motion for summary judgment where the DMV had governmental immunity in its decision to reinstate the driving privileges of an elderly driver. 		Immunity 1DCA/3 Jul. 12, 2018
Caldera v. Dept. of Corrections & Rehabilitation
A trial court properly found that there was substantial evidence to support a jury's finding that harassment in an employment setting was severe and pervasive. 		Employment Law 4DCA/3 Jul. 11, 2018
National Asian American Coalition v. Brown
Principles of separation of powers do not prevent court from issuing writ of mandate directing defendants to restore misappropriated funds that were unlawfully transferred. 		Government 3DCA Jul. 11, 2018
Morales v. 22nd District Agricultural Assn.
A trial court did not err by granting a state employer's MSJ where seasonal employees of an amusement facility who claimed entitlement to overtime compensation were not eligible due to the amusement exception. 		Employment Law 4DCA/1 Jul. 11, 2018
Goudelock v. Sixty-01 Association
Affirmance of summary judgment finding Chapter 13 debtor’s post-petition assessments not dischargeable reversed where such assessments are dischargeable under 11 U.S.C. Section 1328(a). 		Bankruptcy 9th Jul. 11, 2018
U.S. v. Hernandez
A district court correctly interpreted that the term *distribution* under the Sentencing Guidelines "applies when the illicit pornographic images are transferred to a minor victim depicted in the images." Held, defendant's conduct qualified as "distribution." 		Criminal Law and Procedure 9th Jul. 11, 2018
Modification: World Business Academy v. Cal. State Lands Commission
'Unusual circumstances' exception to 'existing facility' CEQA exemption does not apply where, inter alia, cited adverse effects of existing facility's operation are part of baseline conditions. 		Environmental Law 2DCA/4 Jul. 11, 2018
Padda v. Superior Court (Riverside)
A trial court abused its discretion in denying a petitioner's request for a continuance, where the main expert witness was suddenly unavailable on the eve of trial and was the only expert the plaintiffs/cross-complainants had ready for trial. 		Civil Procedure 4DCA/2 Jul. 10, 2018
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 Jul. 10, 2018
U.S. v. Obendorf
An "agricultural practice exception" set forth in 50 C.F.R. Section 20.21 (i) (1) applies to unlawful taking, not to unlawful baiting, so it was misapplied by a District Court when it convicted a farmer; but the error was harmless. 		Criminal Law and Procedure 9th Jul. 10, 2018
In re Volkswagen "Clean Diesel" Litigation
No abuse of discretion in certifying class where no irreparable conflict of interest prevents class representatives from representing appellants or prohibits ‘comingling of’ parties in one class. 		Civil Procedure 9th Jul. 10, 2018
Morris v. Ernst & Young
Order 		9th Jul. 10, 2018
People v. Hurlic
Certificate of probable cause not required where defendant who entered no contest plea challenges agreed-upon sentence based on statute that retroactively gives trial court discretion to strike challenged firearm enhancement. 		Criminal Law and Procedure 2DCA/2 Jul. 10, 2018
Close v. Sotheby's
California Resale Royalties Act 'fundamentally reshapes' federal copyright rules and is thus expressly preempted. 		Copyright 9th Jul. 9, 2018
Tamplin v. Muniz
Sixth Amendment violation 'complete' when trial court denies defendant's request to represent himself; such violation not cured by subsequent 'acquiescence' of defendant. 		Prisoners' Rights 9th Jul. 9, 2018
Fisher v. State Personnel Board
Dismissal of administrative law judge not abuse of discretion where substantial evidence shows wrongful conduct was egregious, and such 'ethical lapse[s] antithetical to his role as an administrative law judge' were likely to be repeated. 		Attorneys 3DCA Jul. 9, 2018
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