| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
13-35856
|
C.R. v. Eugene School District 4J
School District properly disciplined seventh-grader for sexually harassing younger students verbally even though harassing conduct occurred off-campus. |
Civil Rights |
|
Sep. 1, 2016 | |
|
12-74163
|
Singh v. Lynch
Board of Immigration Appeals partial remand still a final order of removal. |
Immigration |
|
Sep. 1, 2016 | |
|
B264619
|
Royal Alliance Associates Inc. v. Liebhaber
FINRA arbitration panel's expungement award properly vacated where claimant was denied opportunity to present any evidence against broker's request for expungement. |
Arbitration |
|
Aug. 31, 2016 | |
|
G053597
|
J.F. v. Superior Court (Orange County Social Services Agency)
Mother's reunification services erroneously terminated where, though mother initially only minimally complied with her case plan, she regularly participated and showed significant progress thereafter. |
Dependency |
|
Aug. 31, 2016 | |
|
A146277
|
In re C.B.
Penal Code Section 299 prohibits judge from relieving minor defendant of DNA submission mandate after change of offense categorization from felony to misdemeanor. |
Juveniles |
|
Aug. 31, 2016 | |
|
A146120
|
In re C.H.
Redesignation of a felony as a misdemeanor under Prop. 47 does not require expungement of an offenders's DNA and profile from the state database. |
Juveniles |
|
Aug. 31, 2016 | |
|
B263965
|
People ex rel. Feuer v. FXS Management Inc.
Medical marijuana business unsuccessful in challenging injunction, where 'collective' falls under definition of 'business' and is thus subject to regulation under city ordinance. |
Municipal Law |
|
Aug. 31, 2016 | |
|
15-35615
|
Torres v. Mercer Canyons Inc.
Domestic farm workers may maintain class action against employer alleging violations of the Agricultural Workers' Protection Act and Washington law concerning federal H-2A jobs. |
Labor Law |
|
Aug. 31, 2016 | |
|
14-55221
|
SEC v. Jensen
SEC wins jury trial on remand due to erroneous decision to hold bench trial, and reversal due to misinterpretation of securities laws. |
Securities |
|
Aug. 31, 2016 | |
|
14-15700
|
Wilson v. Lynch
Federal ban on sale of firearms to holders of state-issued medical marijuana cards passes intermediate scrutiny test, creating only 'incidental' and 'minimal' burden. |
Constitutional Law |
|
Aug. 31, 2016 | |
|
13-70579
|
Perez-Guzman v. Lynch
Though federal statutes on asylum availability conflict, district court properly applied 'Chevon' deference to rule interpreting statutes to forbid asylum for aliens with reinstatement removal proceedings. |
Immigration |
|
Aug. 31, 2016 | |
|
15-30209
|
United States v. Aguilar-Canche
Trial court lacks discretion to alter defendant's sentence in accordance with amendment to sentencing guidelines as sentence was based on statutory minimums. |
Criminal Law and Procedure |
|
Aug. 30, 2016 | |
|
F070068
|
People v. Spiller
'Super strikes' that render inmates statutorily ineligible for resentencing under Three Strikes Reform Act must occur prior to conviction resulting in third strike sentence. |
Criminal Law and Procedure |
|
Aug. 30, 2016 | |
|
B261165
|
Castro-Ramirez v. Dependable Highway Express Inc.
Driver may maintain associational disability discrimination claim against former employer even though he had abandoned his reasonable accommodations claim. |
Disability Discrimination |
|
Aug. 30, 2016 | |
|
15-1424
|
In re GACN, Inc.
Litigation stemming from dispute regarding insurance contract does not constitute "core bankruptcy proceeding" for jurisdictional purposes. |
Bankruptcy |
|
Aug. 30, 2016 | |
|
14-56946
|
Rademaker v. Paramo
Erroneous jury instruction regarding asportation does not merit habeas relief as state appellate court reasonably deemed error harmless. |
Prisoners Rights |
|
Aug. 30, 2016 | |
|
14-16161
|
Ibrahim v. U.S. Dept. of Homeland Security
District court erroneously disallows fee relating to discrete litigation positions taken by government in action challenging doctor's inclusion in government terrorist databases. |
Remedies |
|
Aug. 30, 2016 | |
|
12-74062
|
Bhattarai v Lynch
Immigration judge improperly finds adverse credibility determination without providing asylum applicant opportunity to address testimonial inconsistencies. |
Immigration |
|
Aug. 30, 2016 | |
|
12-15788
|
Alvarez v. Tracy
Notwithstanding general principles of tribal sovereignty, Indian defendant entitled to habeas relief where he should have been advised that his right to a jury trial was waived when he did not expressly request one. |
Native American Affairs |
|
Aug. 30, 2016 | |
|
09-72122
|
Morales de Soto v. Lynch
Petition for review of ICE's decision to reinstate prior expedited removal order denied where intervening agency memoranda that do not change law do not require remand. |
Immigration |
|
Aug. 30, 2016 | |
|
A142201
|
Schellinger Brothers v. Cotter
Monetary judgment in favor of property developers affirmed where seller wrecks project by building trench on property in wetlands area. |
Contracts |
|
Aug. 29, 2016 | |
|
S221038
|
Bristol-Myers Squibb Co. v. Superior Court (Anderson)
Bristol-Myers' substantive operations in California sufficient to confer specific jurisdiction, allowing nonresidents to pursue products liability claims involving the drug Plavix. |
Civil Procedure |
|
Aug. 29, 2016 | |
|
S214855
|
Dept. of Finance v. Commission on State Mandates (County of Los Angeles)
State permitting conditions relating to storm drain systems are not federally mandated; as such, local government agencies entitled to reimbursement from state for associated costs. |
Environmental Law |
|
Aug. 29, 2016 | |
|
15-17134
|
Akina v. State of Hawaii
Changed circumstances surrounding Native Hawaiians' efforts to pursue self-governance moots Hawaiian residents' appeal over failed injunction request that sought to thwart such efforts. |
Civil Procedure |
|
Aug. 29, 2016 | |
|
15-16585
|
FTC v. AT&T Mobility LLC
AT&T wins dismissal of action challenging its disclosures regarding 'data throttling' due to its status as common carrier under FTC Act. |
Utilities |
|
Aug. 29, 2016 | |
|
14-55278
|
Mulligan v. Nichols
Loss of private sector job due to leak of police report and interview video not actionable cause under 42 U.S.C. Section 1983. |
Civil Rights |
|
Aug. 29, 2016 | |
|
11-35114
|
Frost v. Gilbert
Error preventing counsel from making alternative arguments in summation not prejudicial, where insufficiency argument would have 'fallen on deaf ears' due to overwhelming prosecutorial evidence. |
Criminal Law and Procedure |
|
Aug. 29, 2016 | |
|
A140941
|
Funsten v. Wells Fargo N.A.
Probate court erroneously rules on trustee's application regarding a no-contest clause under former Probate Code Section 21320's safe harbor, which had since been repealed. |
Probate and Trusts |
|
Aug. 28, 2016 | |
|
14-71512
|
Fenske v. Service Employees International Inc.
Government contractor injured in Iraq War may not receive concurrent payments for back injury and hearing loss where hearing loss does not precede back injury. |
Administrative Agencies |
|
Aug. 28, 2016 | |
|
14-35035
|
Trader Joe’s v. Hallatt
Lanham Act applies extraterritorially to defendant who shipped and resold Trader Joe's products in Canada, as store front 'Pirate Joe's' and lax shipping standards affect American foreign commerce under 'Timberlane.' |
International Law |
|
Aug. 28, 2016 |