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Name Category Published
Woodward v. City of Tucson
Police officers involved in fatal shooting successful in reversing denial of qualified immunity in case alleging Fourth Amendment violations. 		Immunity 9th Sep. 18, 2017
Lambert v. Nutraceutical Corp.
Federal Rule of Civil Procedure petition to appeal court’s decertification order timely filed where rule is non –jurisdictional and thereby subject to equitable tolling. 		Civil Procedure 9th Sep. 18, 2017
U.S. v. Martinez
Sentence enhancement erroneously imposed under Section 2L1.2(b)(2)(B) of Sentencing Guidelines where felony sentence of more than two years occurred after defendant’s first deportation. 		Criminal Law and Procedure 9th Sep. 18, 2017
In re Madison S.
Father unsuccessful in challenging juvenile court’s finding that he inflicted serious physical abuse on one-month-old son and the denial of reunification services. 		Dependency 1DCA/4 Sep. 15, 2017
Plantier v. Ramona Municipal Water District
Order 		4DCA/1 Sep. 15, 2017
City and County of San Francisco v. Regents of the University of California
Order 		1DCA/1 Sep. 15, 2017
Amended Opinion: Trevizo v. Berryhill
Administrative law judge erroneously denies disability claimant’s application for benefits by giving ‘little credit’ to treating physician’s uncontradicted medical opinion without providing specific, legitimate reasons. 		Administrative Agencies 9th Sep. 15, 2017
In re J.T. Thorpe Inc.
Attorney successful in challenging enforcement of stipulation barring him from submitting claims to asbestos trusts due to issues left unresolved by district court. 		Bankruptcy 9th Sep. 15, 2017
McProud v. CWS Enterprises Inc. (In re CWS Enterprises Inc.)
Debtor liable for contingency fees as originally determined by arbitrator after bankruptcy court improperly reduced those fees under Bankruptcy Code Section 502(b)(4). 		Bankruptcy 9th Sep. 15, 2017
Cornejo-Villagrana v. Sessions
Petitioner convicted of domestic violence under Arizona law removable where petitioner’s offense requires physical injury, and removal statute requires physical force. 		Immigration 9th Sep. 15, 2017
Diego v. City of Los Angeles
City successfully overturns adverse jury verdict, where police officers’ claims of discrimination due to their Hispanic race were based on flawed legal theory. 		Employment Discrimination 2DCA/1 Sep. 15, 2017
Dent v. Wolf
Elderly woman’s paternity action seeking to establish relationship with deceased putative father erroneously dismissed on standing and justiciability grounds. 		Family Law 2DCA/8 Sep. 14, 2017
Miller v. Fortune Commercial Corp.
Autistic man with dog who was denied entry to store unsuccessful in challenging adverse ruling, where dog does not qualify as service animal. 		Disability Discrimination 2DCA/1 Sep. 14, 2017
R.E.B. v. State of Hawaii Dept. of Education
Autistic student successfully challenges proposed Individualized Educational Plan based on violations of Individuals with Disabilities Education Act. 		Education 9th Sep. 14, 2017
Cain v. Chappell
Habeas relief properly denied where petitioner received constitutionally adequate notice of attempted rape special circumstances in amended information. 		Criminal Law and Procedure 9th Sep. 14, 2017
U.S. v. Spatig
Refusal to allow evidence of defendant’s diminished capacity does not warrant reversal where violation of Resource Conservation and Recovery Act is general intent crime. 		Criminal Law and Procedure 9th Sep. 14, 2017
City of Fontana v. California Dept. of Tax and Fee Administration
Administrative board’s decision stands where substantial evidence supports board’s conclusion, and 'reasonable administrators' could have reached same decision. 		Administrative Agencies 1DCA/2 Sep. 14, 2017
People v. Leonard
Conviction for reckless driving while evading peace officer does not require evidence that defendant was personally assessed traffic violation points. 		Criminal Law and Procedure 4DCA/1 Sep. 14, 2017
Atwood v. Ryan
Defendant’s petition for habeas corpus properly denied, where claims regarding application of aggravating factor at sentencing are unavailing. 		Criminal Law and Procedure 9th Sep. 14, 2017
Tuffly v. United States Dept. of Homeland Security
Disclosure of non-citizen detainee’s names is properly withheld where detainee’s privacy interests outweigh significant public interest. 		Government 9th Sep. 14, 2017
Roth v. Plikaytis
Failure to consider litigant’s previously filed supported documents incorporated by reference in attorney fee motion results in remand for recalculation of award. 		Attorneys 4DCA/1 Sep. 14, 2017
People v. Sandee
Where probation condition allows for warrantless search of property and personal effects, ‘U.S. v. Riley’ does not preclude law enforcement from searching probationer’s cell phone, even without reasonable cause. 		Criminal Law and Procedure 4DCA/1 Sep. 14, 2017
Johnson v. Open Door Community Health Center
Patient’s personal injury action against healthcare provider not subject to MICRA’s shorter, one-year limitations period where action did not involve rendering of professional care. 		Torts 1DCA/4 Sep. 13, 2017
Trump v. Hawaii
Order 		USSC Sep. 13, 2017
Amended Opinion: In the Matter of Spanish Peaks Holdings II LLC
District court properly authorizes sale of property in bankruptcy action free and clear of unexpired leases. 		Bankruptcy 9th Sep. 13, 2017
Amended Opinion: U.S. v. Cervantes
Warrantless, suspicionless search of hotel room rented by defendant on 'mandatory supervision' does not violate Fourth Amendment, where such supervision is akin to parole. 		Administrative Agencies 9th Sep. 13, 2017
People v. Hunter
Defendant is not entitled to codefendant’s discovery where defendant’s right to a fair trial does not ‘require such discovery.’ 		Criminal Law and Procedure 4DCA/3 Sep. 13, 2017
DRK Photo v. McGraw-Hill Global Education Holdings LLC
Stock photograph agency lacks standing to sue for copyright infringement where agreements with photographers inadequately transferred ownership interest to confer standing. 		Copyright 9th Sep. 13, 2017
Campidoglio LLC v. Wells Fargo & Co.
Borrowers win partial victory in dispute over calculation of interest rate fees due to erroneous ruling that claim is preempted by Home Owners’ Loan Act. 		Banking 9th Sep. 13, 2017
U.S. v. Doe
Sealing criminal documents does not violate First Amendment right to public access where defendant’s compelling interests may be harmed absent closure and no adequate alternative to closure exists. 		Criminal Law and Procedure 9th Sep. 13, 2017
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