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Name Category Published
Welborne v. Ryman-Carroll Foundation
Summary judgment reversed where party opposing summary judgment makes prima facie showing of material fact.
Civil Procedure 2DCA/2 Apr. 26, 2018
Baker Marquart LLP v. Kantor
Confidential brief analogous to ex parte communication that allows for arbitration award to be reviewed by court.
Civil Procedure 2DCA/2 Apr. 26, 2018
Jesner v. Arab Bank, PLC
Alien Tort Statute does not extend to suits against foreign corporations
statutory_interpretation USSC Apr. 25, 2018
Oil States Energy Services, LLC v. Greene's Energy Group, LLC
Inter partes review does not violate Article III or the Seventh Amendment of the Constitution.
Patent Law USSC Apr. 25, 2018
SAS Institute Inc. v. Iancu
In its final written decision addressing the patentability of claims challenged in a petition for inter partes review, Patent Trial and Appeal Board must address every challenged claim.
Patent Law USSC Apr. 25, 2018
People v. Harris
Criminal defendant whose case is already final may not benefit from the exception provided by Senate Bill No. 620, which allows firearm enhancements to be stricken at a trial court's discretion.
Criminal Law and Procedure 3DCA Apr. 25, 2018
IIG Wireless v. Yi
Under reversal of longstanding 'Pendergrass' holding, parol evidence rule does not disallow admission of extrinsic statements to prove fraud
Civil Procedure 4DCA/3 Apr. 25, 2018
Wilson v. Sellers
Order
USSC Apr. 24, 2018
U.S. v. Stitt
Order
USSC Apr. 24, 2018
U.S. v. Sims
Order
USSC Apr. 24, 2018
Fischer v. Fischer
Family court did not abuse its discretion in denying protective order authorized under Domestic Violence Prevention Act, which gives broad discretion to courts even when the abuse is evidenced.
Family Law 1DCA/2 Apr. 24, 2018
Kettler v. Gould
Denial of anti-SLAPP motion affirmed where Certified Financial Planners Board of Standards’ processes for reviewing complaints are not official proceeding authorized by law.
Anti-SLAPP 2DCA/8 Apr. 24, 2018
Colony Cove Properties v. City of Carson
A California city did not engage in an unconstitutional taking when it approved a lower rent increase for a property owner than he requested.
Constitutional Law 9th Apr. 24, 2018
In re Taggart
BAP's reversal of contempt sanctions affirmed where creditors' good faith belief that discharge injunction is inapplicable to claims precludes contempt.
Bankruptcy 9th Apr. 24, 2018
Reese v. County of Sacramento
Judgment finding that officer is entitled to qualified immunity on excessive force claim affirmed where court acts within its authority in determining that plaintiff's constitutional right was not clearly established at time of officer's conduct.
Civil Rights 9th Apr. 24, 2018
Naruto v. Slater
Non-human animals lack statutory standing under Copyright Act.
Copyright 9th Apr. 24, 2018
Heckart v. A-1 Self Storage
Where storage provider's agreement to indemnify customer is incidental to principal object of parties' agreement, it is outside scope of insurance regulations.
Insurance 4DCA/1 Apr. 24, 2018
Moody v. Stewart
Order
USSC Apr. 23, 2018
Hedwall v. PCMV, LLC
Second amended cross-complaint filed without court leave is properly stricken under Code of Civil Procedure Section 472(a) where section's provision allowing amendment to pleading without leave applies only to original cross-complaint and complaint.
statutory_interpretation 2DCA/4 Apr. 23, 2018
Monsanto Co. v. Office of Environmental Health Hazard Assessment
A state's reliance on a branch of the World Health Organization's expertise was not an unconstitutional delegation of authority, so pesticide manufacturer's argument was unable to prevent having its pesticide listed under California's Proposition 65.
Environmental Law 5DCA Apr. 23, 2018
In re R.M.
A teenager who refuses to go to class even after a Sheriff ordered her to do so and was therefore arrested and confined for several days was not in violation of any criminal laws because California's education code provides dealing with truants in a non-punitive manner.
Juveniles 1DCA/2 Apr. 23, 2018
Amended Opinion: U.S. v. Shimabukuro
'Intermittent' confinement of defendant recalled from supervised release counts as time 'in prison' for purpose of statutory limits on confinement.
Criminal Law and Procedure 9th Apr. 23, 2018
Chavez v. JPMorgan Chase & Co.
Diversity jurisdiction’s requisite amount in controversy includes relief claimed at time of removal ‘to which plaintiff would be entitled if’ plaintiff prevails.
Civil Procedure 9th Apr. 23, 2018
Varjabedian v. Emulex
Finding important differences between Rule 10b-5 and Section 14(e) of the Exchange Act, panel parts ways with five circuit courts to determine 14(e) claim need not prove scienter, only negligence.
Securities 9th Apr. 23, 2018
Amended Opinion: In re Zappos.com
Customers whose personal data was hacked have standing to sue online retailer for creating a risk of impending harm.
Constitutional Law 9th Apr. 23, 2018
Modification: People v. Chavez
Totality of circumstances demonstrate that pretrial identification was not unduly suggestive, and was in any case reliable based on, e.g., victim's opportunity to clearly see assailant at time of crime.
Criminal Law and Procedure 4DCA/1 Apr. 23, 2018
In re Christopher John Hamilton and Elizabeth Leigh Tesolin
Bankruptcy court correctly applies Ninth Circuit precedent where precedent is binding and does not contradict SCOTUS precedent.
Bankruptcy BAP Apr. 20, 2018
California School Boards Association v. State of California
Order
1DCA/5 Apr. 20, 2018
Upshaw v. Superior Court (Alameda)
A prisoner who sought to be transferred to an adjacent county detention facility by court motion was denied writ because she failed to exhaust her administrative remedies prior to seeking writ relief.
Criminal Law and Procedure 1DCA/5 Apr. 20, 2018
Amended Opinion: Barnes v. Sea Hawaii Rafting
Court properly has in rem jurisdiction over vessel where it waives jurisdictional challenge by litigating suit for 15 months.
Maritime Law 9th Apr. 20, 2018