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Name Category Published
Wortman v. All Nippon Airways
Filed rate doctrine does not bar collusion suit over foreign airlines' unfiled rates. 		Civil Procedure Apr. 17, 2017
United States v. Davis
Sex crime charge presented to grand jury requiring knowledge of victim's age later presented to trial jury as requiring mere opportunity to observe victim's age is reversible constructive amendment. 		Criminal Law and Procedure Apr. 17, 2017
Dunson v. Cordis Corp.
Defendant unsuccessful in invoking CAFA's mass action provision to remove actions to federal court, where plaintiffs' consolidation motion does not propose joint trial of their claims. 		Civil Procedure Apr. 17, 2017
People v. Paz
Penetration past the buttocks and into the perianal area is threshold for sexual penetration requirement of forcible sodomy, as statutory definition of object penetration applies to sodomy. 		Criminal Law and Procedure Apr. 17, 2017
Edmond v. U.S.
Order 		Apr. 17, 2017
Harper v. U.S.
Order 		Apr. 17, 2017
Lewis v. U.S.
Order 		Apr. 17, 2017
People v. Rodriguez
(1) Was the accomplice testimony in this case sufficiently corroborated? (See People v. Romero and Self (2015) 62 Cal.4th 1, 36.) (2) Is the defendant's constitutional challenge to his 50 years to life sentence moot when, unlike in People v. Franklin (2016) 63 Cal.4th 261, his case was not remanded to the trial court to determine if he was provided an adequate opportunity to make a record of information that will be relevant to the Board of Parole Hearings as it fulfills its statutory obligations under Penal Code sections 3051 and 4801? 		Apr. 14, 2017
People v. Allison
Does Proposition 47 ("the Safe Neighborhoods and Schools Act") apply to the offense of unlawful taking or driving a vehicle (Veh. Code, section 10851), because it is a lesser included offense of Penal Code section 487, subdivision (d), and that offense is eligible for resentencing to a misdemeanor under Penal Code sections 490.2 and 1170.18? 		Apr. 14, 2017
People v. Dean
Did the Court of Appeal err in upholding the trial court's denial of defendants' Batson/Wheeler motions? 		Apr. 14, 2017
People v. Hammonds
(1) Did the trial court improperly rely on the facts of counts dismissed under a plea agreement to find defendant ineligible for resentencing under the provisions of Proposition 36? (2) What is the standard of proof for a finding of ineligibility for resentencing under Proposition 36? 		Apr. 14, 2017
People v. Harmon
Does the definition of "unreasonable risk of danger to public safety" (Pen. Code, Section 1170.18, subd. (c)) under Proposition 47 ("the Safe Neighborhoods and Schools Act") apply to resentencing under the Three Strikes Reform Act of 2012 (Pen. Code, Section 1170.126)? 		Apr. 14, 2017
Hussein v. Driver
(1) Does the assertion of an agreement as an affirmative defense implicate the attorney fee provision in that agreement? (2) Does the term "action" or "proceeding" in Civil Code section 1717 and in attorney fee provisions encompass the assertion of an affirmative defense? 		Apr. 14, 2017
In re Edwin P.
Does Proposition 47, which reclassifies as a misdemeanor any grand theft involving property valued at $950 or less, apply to theft of access card information in violation of Penal Code section 484e(d)? 		Apr. 14, 2017
In re J.R.
Did the trial court err by imposing an "electronics search condition" on the juvenile as a condition of his probation when that condition had no relationship to the crimes he committed but was justified on appeal as reasonably related to future criminality under People v. Olguin (2008) 45 Cal.4th 375 because it would facilitate the juvenile's supervision? 		Apr. 14, 2017
Applied Medical Corp. v. Thomas
In dispute over company's repurchase of former board of director's stock, summary judgment against company partially reversed, where court errs in determining conversion claim fails. 		Torts Apr. 14, 2017
In re J.L.
Trial court properly terminates parental rights without Indian Child Welfare Act heritage inquiry, as mother's uncertainty of Indian ancestry does not trigger social worker's burden to investigate. 		Native American Affairs Apr. 14, 2017
People v. Tran
(1) Does Proposition 47 ("the Safe Neighborhoods and Schools Act") apply to the offense of unlawful taking or driving a vehicle (Veh. Code, Section 10851), because it is a lesser included offense of Penal Code section 487, subdivision (d), and that offense is eligible for resentencing to a misdemeanor under Penal Code sections 490.2 and 1170.18? (2) Does the Safe Neighborhood and Schools Act apply retroactively to a defendant who was sentenced before the Act's effective date but whose judgment was not final until after that date? 		Apr. 14, 2017
People v. Trujillo
Did the trial court err by imposing an "electronics search condition" on the juvenile as a condition of his probation when that condition had no relationship to the crimes he committed but was justified on appeal as reasonably related to future criminality under People v. Olguin (2008) 45 Cal.4th 375 because it would facilitate the juvenile's supervision? 		Apr. 14, 2017
Sumrall v. Modern Alloys, Inc.
Where employer requires employees to first arrive at stockyard to fetch materials before beginning paid workday at jobsite, commute to stockyard may be deemed 'special errand' exception to 'going and coming' rule. 		Torts Apr. 14, 2017
Davis v. United States
Denial of qualified immunity upheld, where special agent's detention of elderly woman was prolonged and unnecessarily degrading. 		Immunity Apr. 14, 2017
Irvine Unified School District v. K.G.
Student who successfully petitioned ALJ to find government agency responsible for funding education is prevailing party for purposes of attorneys' fees, as ensuing federal case was filed by school district. 		Attorneys Apr. 14, 2017
Hedlund v. Ryan
Reversal of district court's denial of petitioner's writ of habeas corpus required due to Arizona Supreme Court's unconstitutional application of 'causal nexus' test. 		Criminal Law and Procedure Apr. 14, 2017
People v. Bechtol
Vehicle Code Section 41403 merely establishes procedural rules for prior conviction challenge, does not independently authorize ineffective assistance of counsel challenge to prior DUI conviction. 		Criminal Law and Procedure Apr. 14, 2017
Cal Fire Local 2881 v. California Public Employees' Retirement System (State of California)
(1) Was the option to purchase additional service credits pursuant to Government Code Section 20909 (known as "airtime service credits") a vested pension benefit of public employees enrolled in CalPERS? (2) If so, did the Legislature's withdrawal of this right through the enactment of the Public Employees' Pension Reform Act of 2013 (PEPRA) (Gov. Code, Sections 7522.46, 20909, subd. (g)), violate the contracts clauses of the federal and state Constitutions? 		Apr. 14, 2017
Cook (Anthony Maurice) on H.C.
Does habeas corpus jurisdiction exist for a petitioner seeking a post-sentencing hearing to make a record of "mitigating evidence tied to his youth" (People v. Franklin (2016) 63 Cal.4th 261, 276) after the conviction is final? 		Apr. 14, 2017
Boling v. Public Employment Relations Board
Citizen-sponsored initiative aiming to restructure public pensions placed on ballot not subject to Meyers-Milias-Brown Act requirement to 'meet and confer' with city employees. 		Government Apr. 13, 2017
In re Rhoades
Improper grant of relief in prisoner's favor on habeas petition due to failure to hold evidentiary hearing on disputed factual issues results in reversal and remand. 		Criminal Law and Procedure Apr. 13, 2017
Southern California Alliance of Publicly Owned Treatment Works v. EPA
Petition for review denied, where court lacks jurisdiction under Clean Water Act to review EPA's objection letter regarding draft permits for water reclamation plants. 		Environmental Law Apr. 13, 2017
In re Q.R.
Did the trial court err by imposing an "electronics search condition" on the juvenile as a condition of his probation when that condition had no relationship to the crimes he committed but was justified on appeal as reasonably related to future criminality under People v. Olguin (2008) 45 Cal.4th 375 because it would facilitate the juvenile's supervision? 		Apr. 13, 2017
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