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Name Category Published
Global Modular Inc. v. Kadena Pacific Inc.
Improper offset of jury’s award by amount paid in settlement agreement results in partial reversal in insurance coverage dispute. 		Insurance 4DCA/2 Sep. 12, 2017
Branch Banking and Trust Co. v. D.M.S.I. LLC
Assignee survives debtors’ challenges to judgments in three separate actions entered against debtors on standing, issue preclusion, and other grounds. 		Civil Procedure 9th Sep. 12, 2017
U.S. and Nevada ex rel. Welch v. My Left Foot Children's Therapy LLC
Denial of motion to compel arbitration upheld on alternate ground, where False Claims Act claims do not fall within scope of arbitration agreement. 		Arbitration 9th Sep. 12, 2017
Amended Opinion: Hardie v. National Collegiate Athletic Association
Title II of Civil Rights Act does not recognize disparate-impact liability and even if it does, prospective NCAA coach’s claim fails under ‘Wards Cove.’ 		Civil Rights 9th Sep. 12, 2017
U.S. v. McChesney
Ex-girlfriend’s alleged tirade in jury’s presence does not warrant reversal of defendant’s conviction where defendant failed to present credible evidence of improper jury contact. 		Criminal Law and Procedure 9th Sep. 12, 2017
United Nurses Associations of California v. National Labor Relations Board
Employer’s petition for review denied where National Labor Relations Board properly finds that employer’s reason for discharging employee was pretextual. 		Labor Law 9th Sep. 12, 2017
People v. Lujano
Refusal to issue requested jury instruction harmless where requested instructions regarding intoxicated victim’s ability to give consent were duplicative of other instructions properly given. 		Criminal Law and Procedure 2DCA/7 Sep. 12, 2017
In re Destiny D.
Father unsuccessful in challenging juvenile court’s authority to terminate its jurisdiction at the end of combined jurisdiction/disposition hearing granting custody of daughter to mother. 		Dependency 2DCA/7 Sep. 12, 2017
People v. Wallace
Invalid inventory search of defendant’s vehicle and failure to prove inevitable discovery of weapon warrants vacated judgment and withdrawal of no contest plea. 		Criminal Law and Procedure 1DCA/2 Sep. 11, 2017
U.S. v. Barragan
Prosecutor’s improper statements during closing argument do not warrant reversal of Mexican Mafia associates’ convictions for RICO violations given overwhelming evidence against them. 		Criminal Law and Procedure 9th Sep. 11, 2017
Wild Wilderness v. Allen
Group representing non-motorized recreationalists unsuccessful in challenging Forest Service’s approval of parking lot in Deschutes National Forest. 		Environmental Law 9th Sep. 11, 2017
State of Hawaii v. Trump
Government cannot enforce ‘Travel Ban’ against refugees with formal assurances where formal assurances establish bona fide relationship between resettlement agency and refugee. 		Immigration 9th Sep. 11, 2017
Smith v. Williams
Petitioner’s federal habeas petition challenging Second Amended Judgment reinstating previously vacated convictions and sentences improperly dismissed as untimely. 		Criminal Law and Procedure 9th Sep. 11, 2017
Modification: Montrose Chemical Corp. v. Superior Court (Canadian Universal Insurance Co. Inc.)
In insurance coverage dispute, insured’s ‘vertical exhaustion’ framework rejected in favor of ‘horizontal exhaustion’ framework, although proper framework must be applied policy-by-policy. 		Insurance 2DCA/3 Sep. 11, 2017
King v. Blue Cross and Blue Shield of Illinois
Plaintiff unsuccessful in arguing that ERISA, as amended by the ACA, banned lifetime benefit maximums for certain retiree-only plans but wins reversal of summary judgment in defendants’ favor. 		Health Care 9th Sep. 11, 2017
People v. Williams
Discovery of several dogs, which ultimately led to property owners' dog fighting and animal cruelty convictions, falls under exigent circumstances exception to warrant requirement. 		Criminal Law and Procedure 2DCA/8 Sep. 11, 2017
California Correctional Peace Officers Assn v. Dept. of Corrections
Grievance allegations are not under State Personnel Board’s exclusive jurisdiction where grievance is not merit-based. 		Administrative Agencies 3DCA Sep. 11, 2017
San Luis Rey Racing Inc. v. California Horse Racing Board
Auxiliary stabling facility’s indirect competitive interest in writ’s outcome involving management of horse race funds insufficient to confer standing. 		Civil Procedure 4DCA/1 Sep. 8, 2017
U.S. Faagai
Drug trafficker fails to overturn drug conviction where court found probable cause supported warrantless search of his truck under totality of circumstances. 		Criminal Law and Procedure 9th Sep. 8, 2017
U.S. v. D.M.
Drug offender entitled to further reduction of sentence for ‘substantial assistance’ following Sentencing Commission’s promulgations of Amendments where reduction not contrary to policy. 		Criminal Law and Procedure 9th Sep. 8, 2017
In re Escarcega
Debtors’ model plans are not confirmable where debtors’ provisions attempt to reduce their plans’ terms in violation of Bankruptcy Code’s modification process. 		Bankruptcy BAP Sep. 8, 2017
Nakai v. Friendship House Association of American Indians Inc.
Prima facie case of marital status discrimination not established where plaintiff's allegations concern marriage to ‘particular’ person rather than marital status. 		Employment Discrimination 1DCA/1 Sep. 7, 2017
Marsh v. J. Alexander's LLC
In minimum wage dispute, plaintiffs may amend their complaints to exclude reliance on DOL’s inconsistent interpretation of ‘tip credit’ regulation. 		Labor Law 9th Sep. 7, 2017
U.S. v. Torres
Jury instructions for determining drug quantities for purposes of imposing mandatory sentence do not constitute reversible error even though inconsistency in caselaw begs clarity. 		Criminal Law and Procedure 9th Sep. 7, 2017
Modification: Cortez v. Doty Bros. Equipment Co.
Wage and hour class action erroneously dismissed in its entirety where some claims not encompassed by collective bargaining agreement’s arbitration provision. 		Labor Law 2DCA/7 Sep. 7, 2017
People v. Harris
Proposition 47 petitioner’s motion for DNA expungement properly denied where petitioner’s past felony offense disqualifies petitioner from obtaining expungement. 		Criminal Law and Procedure 4DCA/1 Sep. 7, 2017
Cortez v. Doty Bros. Equipment Co.
Wage and hour class action erroneously dismissed in its entirety where some claims not encompassed by collective bargaining agreement’s arbitration provision. 		Labor Law 2DCA/7 Sep. 6, 2017
Buck v. Berryhill
Disability claimant successful in obtaining denial of benefits, where district court improperly rejects examining psychiatrist’s opinion. 		Administrative Agencies 9th Sep. 6, 2017
Lam v. City of San Jose
San Jose police officer fails to overturn unfavorable jury verdict in shooting of troubled man in his back, rendering him paraplegic. 		Civil Rights 9th Sep. 6, 2017
In re Henson
Verizon subscribers victorious in challenging order staying putative class action and compelling arbitration in action against mobile advertising middle-man. 		Consumer Law 9th Sep. 6, 2017
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