| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
15-56420
|
Fox Television Stations v. Aereokiller
Internet-based retransmission services not eligible for compulsory licenses to rebroadcast copyrighted work, as they are not 'cable systems' under Copyright Office's interpretation of Copyright Act. |
Statutory Interpretation |
|
Mar. 22, 2017 | |
|
15-55325
|
SEC v. Messina
'Relief defendants' in SEC enforcement action unsuccessful in challenging court's jurisdiction to determine legitimacy of their claim to funds and ultimate disgorgement of funds. |
Securities |
|
Mar. 22, 2017 | |
|
15-35623
|
Brunozzi v. Cable Communications Inc.
Summary judgment in favor of employer reversed, where employer's pay plan violates FLSA's overtime provisions and employee's state law claims of retaliation survive summary judgment. |
Labor Law |
|
Mar. 22, 2017 | |
|
14-56366
|
Teleflex Med. v. National Union Fire Ins.
Where Cal. Supreme Court case and lower appellate court ruling may be reconcilable, district court does not err in applying rule from law appellate decision in its decision. |
Civil Procedure |
|
Mar. 22, 2017 | |
|
G048039
|
Gerard v. Orange Coast Memorial Medical Center
Senate Bill 327 upholds validity and enforceability of health care workers' voluntary waiver of second meal period for shifts longer than eight hours. |
Labor Law |
|
Mar. 22, 2017 | |
|
A147877
|
In re Matthew C.
Juvenile court's challenged visitation order upheld, where parental visitation may be denied if visitation would be inconsistent with physical or emotional well-being of child. |
Juveniles |
|
Mar. 21, 2017 | |
|
E064121
|
People v. Russell
Under totality of circumstances, juror's nonresponsiveness constitutes 'protest' to disclosure of identifying information under Code of Civil Procedure Section 237. |
Criminal Law and Procedure |
|
Mar. 21, 2017 | |
|
F070761
|
Phillips v. Honeywell International Inc.
Letter from corporate manager suggesting employees exposed to asbestos should die acceptable as evidence due to limiting instruction to consider company's knowledge of asbestos hazards. |
Civil Procedure |
|
Mar. 21, 2017 | |
|
E064000
|
People v. Angel
Defendant fails to establish ineffective assistance of counsel, where counsel reasonably relies on professional courtesy between his office and prosecution's office regarding subpoenas. |
Criminal Law and Procedure |
|
Mar. 21, 2017 | |
|
16-7448
|
Stephens v. United States
Order |
|
Mar. 21, 2017 | ||
|
B264462
|
People v. Chestra
Voluntary manslaughter was plainly inconsistent with defendant's trial testimony and provided no support for trial court to sua sponte issue lesser included offense instructions. |
Criminal Law and Procedure |
|
Mar. 21, 2017 | |
|
S099274
|
People v. Brooks
Multiple claims of error unavailing, resulting in affirmed convictions and death sentence in first degree murder case. |
Criminal Law and Procedure |
|
Mar. 21, 2017 | |
|
S218197
|
People v. Garcia
Probation condition mandated as part of sex offender management program, including waiver of privilege against self-incrimination and required participation in polygraph examinations, found constitutional. |
Criminal Law and Procedure |
|
Mar. 21, 2017 | |
|
S231644
|
People v. Merritt
Failure to instruct on all elements of robbery not reversible error under 'Neder,' as attorneys addressed elements and defendant concede to fact that crime occurred. |
Criminal Law and Procedure |
|
Mar. 21, 2017 | |
|
17-35105
|
State of Washington v. Trump
Order |
|
Mar. 21, 2017 | ||
|
14-73100
|
Yazzie v. U.S.E.P.A.
Petitions seeking review of EPA's Federal Implementation Plan under Clean Air Act for coal-fired power plant denied, where EPA did not act arbitrarily and capriciously. |
Environmental Law |
|
Mar. 21, 2017 | |
|
14-73055
|
Hopi Tribe v. U.S.E.P.A.
General duty of trust between United States and Indian tribes does not create a general duty to consult that binds upon the U.S. as single entity. |
Native American Affairs |
|
Mar. 21, 2017 | |
|
14-17186
|
Syed v. M-I LLC
Inclusion of liability waiver in the same document as statutorily mandated disclosure constitutes willful violation of the Fair Credit Reporting Act. |
Consumer Law |
|
Mar. 21, 2017 | |
|
B268319
|
Jason P. v. Danielle S.
Court errs by considering that presumed parent would take counseling class in future in determining whether parent rebutted presumption against custody in light of past domestic violence. |
Family Law |
|
Mar. 20, 2017 | |
|
E062962
|
People v. Mejia
Sentence for husband who tortured, raped, and assaulted wife over three-month period must be modified pursuant to Penal Code Section 654. |
Criminal Law and Procedure |
|
Mar. 20, 2017 | |
|
A144351
|
People v. Cuiriz
27 year to life sentence for defendant who shot at her father's attackers is 'cruel and unusual' in light of defendant's mental state and lighter sentence for first degree murder under California law. |
Criminal Law and Procedure |
|
Mar. 17, 2017 | |
|
F071223
|
Ramirez v. Tulare County District Attorney’s Office
In action challenging attempted nonjudicial forfeiture, application of incorrect statute of limitations results in reversal of orders sustaining demurrers. |
Civil Procedure |
|
Mar. 17, 2017 | |
|
B266621
|
Y.R. v. A.F.
Family court errs in failing to explain deviation from statutory child support guideline, as child is likely entitled to more due to who parent is 'extraordinarily high income earner.' |
Family Law |
|
Mar. 17, 2017 | |
|
E063292
|
Residents Against Specific Plan 380 v. County of Riverside (Hanna Marital Trust)
Challenge to county's approval of development project unavailing, where there is no merit to claims it abused its discretion under California Environmental Quality Act. |
Environmental Law |
|
Mar. 17, 2017 | |
|
17-35105
|
State of Washington v. Trump
Order |
|
Mar. 17, 2017 | ||
|
16-1041
|
Brace v. Speier (In re Brace)
California's community property presumption applies in bankruptcy disputes involving the characterization of marital property, rendering fraudulently transferred properties entirely recoverable by bankruptcy estate. |
Bankruptcy |
|
Mar. 17, 2017 | |
|
S239819
|
People v. Baldwin
Order |
|
Mar. 17, 2017 | ||
|
S239928
|
People v. Cooper
Order |
|
Mar. 17, 2017 | ||
|
S239936
|
People v. Gittens
Order |
|
Mar. 17, 2017 | ||
|
S239978
|
People v. Goldsmith
Order |
|
Mar. 17, 2017 |
