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Name Category Published
Optional Capital Inc. v. Das Corporation et al.
The 'law of the case doctrine' does not apply to a prior decision involving different parties and issues. 		Anti-SLAPP 2DCA/1 Dec. 12, 2017
In re M.L.
Judgment denying minor’s petition to seal public records affirmed where court acts within its discretion in deciding that it cannot grant petition without reviewing records. 		Juveniles 4DCA/2 Dec. 12, 2017
In re Marriage of Kamgar
Husband must pay spouse nearly $2 million for breaching spousal fiduciary duties for recklessly trading community property over what wife allowed. 		Family Law 4DCA/3 Dec. 12, 2017
Howeth v. Coffelt
Order denying postjudgment motion is not appealable where order follows consent judgment. 		Civil Procedure 4DCA/1 Dec. 12, 2017
Dept. of Forestry and Fire Protection v. Howell
Order 		Civil Procedure 3DCA Dec. 12, 2017
Frudden v. Pilling
Uniform policy requiring elementary students to wear uniform bearing 'Tomorrow's Leaders' motto and exemption violates First Amendment under governing Ninth Circuit law. 		Civil Rights 9th Dec. 12, 2017
Sveen v. Melin
Order 		USSC Dec. 12, 2017
Hughes v. U.S.
Order 		USSC Dec. 12, 2017
U.S. v. Sanchez-Gomez
Order 		USSC Dec. 12, 2017
Upper Skagit Indian Tribe v. Lundgren
Order 		USSC Dec. 12, 2017
China Agritech Inc. v. Resh
Order 		USSC Dec. 12, 2017
Koons v. U.S.
Order 		USSC Dec. 12, 2017
Jackson v. Superior Court (People)
A defendant's release following a three-year involuntary commitment under Penal Code Section 1370 is not a categorical bar to new proceedings. 		Criminal Law and Procedure CASC Dec. 12, 2017
People v. Rices
In automatic appeal from judgment of death, trial counsel's allegedly conflicted representation does not warrant reversal of murder convictions relating to liquor store robbery. 		Criminal Law and Procedure CASC Dec. 12, 2017
People v. Nguyen
Pleading a prior serious felony conviction and three strikes law, without citing an enhancement statute, it is a prosecutor's 'discretionary charging decision' for sentencing purposes. 		Criminal Law and Procedure 4DCA/2 Dec. 12, 2017
Roberts v. AT&T Mobility LLC
Order compelling arbitration affirmed over plaintiffs’ opposition on constitutional grounds where plaintiffs fail to show that defendant’s action is attributable to state. 		Civil Procedure 9th Dec. 12, 2017
In re R.G.
Judgment declaring minor ward of court reversed and remanded where court reviews inadequate Welfare and Institutions Code Section 241.1 report. 		Juveniles 4DCA/2 Dec. 12, 2017
Apple Inc. v. Superior Court (Santa Clara)
Following Delaware Supreme Court ruling, panel directs courts to assess demand futility analysis in relationship to corporate board in place at time of amended complaint, not at time original suit was filed. 		Corporations 6DCA Dec. 12, 2017
People v. Shaw
Foil-lined bag used in stealing merchandise not considered 'burglary tool' within meaning of Penal Code warranting reversal of conviction for possession of burglary tools. 		Criminal Law and Procedure 1DCA/1 Dec. 11, 2017
Epona LLC v. County of Ventura
It is unconstitutional to make protected freedoms contingent on the uncontrolled will of an official. 		Constitutional Law 9th Dec. 8, 2017
Brown v. Cinemark USA Inc.
Order 		9th Dec. 8, 2017
USA v. Valdivia-Flores
Judgment denying defendant's collateral attack on deportation order reversed where defendant is deprived of due process and where removal order prejudices defendant by incorrectly classifying defendant's conviction. 		Immigration 9th Dec. 8, 2017
People v. Henriquez
Where racial under-representation in jury pool is not result of systematic exclusion of a distinctive group in the community, 'fair cross-section' challenge fails. 		Criminal Law and Procedure CASC Dec. 8, 2017
French v. Jones
Montana's campaign-speech rule, which prohibited judicial candidates from seeking or using political endorsements in their campaign, does not run afoul of First Amendment. 		Civil Rights 9th Dec. 8, 2017
ITV Gurney Holdings Inc. v. Gurney
Reinstatement of former CEOs as managers of company's day-to-day operations erroneous based on faulty interpretation of employment and operating agreements. 		Civil Procedure 2DCA/1 Dec. 7, 2017
Monterey Coastkeeper v. Monterey County Water Resources Agency
Order requiring water resources agency to file requisite waste discharge report reversed where petitioner fails to exhaust its administrative remedies. 		Administrative Agencies 6DCA Dec. 7, 2017
U.S. v. Diaz
Expert testimony not impermissible legal opinion where expert's terms have no specialized legal meaning and do not 'instruct the jury on law or how to apply law.' 		Evidence 9th Dec. 7, 2017
Rowland v. Chappell
Tardy retention of expert during penalty phase constitutes deficient assistance of trial counsel but does not warrant reversal of convictions in absence of prejudice. 		Prisoners' Rights 9th Dec. 7, 2017
Skillin v. Rady Children's Hospital-San Diego
ERISA preempts former employee's claims under Labor Code against employer for changing way it deducts employee contribution for pension benefits. 		Employment Law 4DCA/1 Dec. 7, 2017
People v. Gallardo
It is prejudicial error to admit into evidence a co-defendant's statement made against their penal interest inculpating other co-defendants where close evidentiary questions otherwise exist. 		Evidence 2DCA/7 Dec. 7, 2017
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