| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
12-70338
|
Idaho Conversation League v. BPA
Return to previous system of fluctuating water levels does not violate NEPA because it does not constitute major change. |
Environmental Law |
|
Jun. 21, 2016 | |
|
13-35957
|
Cardenas v. United States
Application of Justice Kennedy's concurrence from 'Kerry v. Din' results in affirmance of denial of United States citizen's complaint challenging denial of husband's visa application. |
Immigration |
|
Jun. 21, 2016 | |
|
A145581
|
Ukiah Citizens for Safety First v. City of Ukiah
City of Ukiah's certification of environmental impact report over proposed Costco warehouse and gas station premature given deficiencies concerning energy impacts. |
Environmental Law |
|
Jun. 21, 2016 | |
|
14-16147
|
Loher v. Thomas
Failure to challenge grant of relief on petitioner's ineffective assistance of appellate counsel claim constitutes waiver, resulting in remand to fully address claim. |
Criminal Law and Procedure |
|
Jun. 20, 2016 | |
|
15-138
|
RJR Nabisco Inc. v. European Community
RICO applies to some foreign racketeering activity provided that offenses alleged in particular case violate a predicate statue that is itself extraterritorial. |
Civil Procedure |
|
Jun. 20, 2016 | |
|
15-415
|
Encino Motorcars LLC v. Navarro
Ninth Circuit erroneously placed controlling weight on Labor Department's interpretation of 29 U.S.C. Section 213(b)(10)(A), concerning overtime pay to car dealer service advisors under FLSA. |
Labor Law |
|
Jun. 20, 2016 | |
|
G052683
|
Miguel S., a Minor
Termination of presumed father's parental rights over children who possibly qualified as Indian children overturned due to noncompliance with Indian Child Welfare Act. |
Native American Affairs |
|
Jun. 20, 2016 | |
|
E062725
|
People for Proper Planning v. City of Palm Springs
Nonprofit group prevails in challenge to city's approval of resolution amending city's general plan to remove minimum density requirements for residential developments. |
Environmental Law |
|
Jun. 20, 2016 | |
|
14-6166
|
Taylor v. United States
Conviction under the Hobbs Act affirmed where government satisfies commerce element by proving defendant committed robbery that targeted marijuana dealer's drugs or drug proceeds. |
Criminal Law and Procedure |
|
Jun. 20, 2016 | |
|
15-446
|
Cuozzo Speed Technologies, LLC v. Lee
Patent Office inter partes review nonappealable due to clear language of 35 U.S.C. §314(d). |
Patent Law |
|
Jun. 20, 2016 | |
|
14-1373
|
Utah v. Strieff
Following illegal stop, drug-related evidence found on defendant during search incident to arrest admissible because discovery of arrest warrant attenuated connection between stop and evidence. |
Constitutional Law |
|
Jun. 20, 2016 | |
|
B259534
|
Butler v. LeBouef
Probate judgment invalidating will and trust upheld where attorney uses law license to take advantage of elderly and mentally infirm trustor to enrich himself. |
Probate and Trusts |
|
Jun. 20, 2016 | |
|
15-635
|
Innovention Toys, LLC v. MGA Entertainment, Inc.
Order |
|
Jun. 20, 2016 | ||
|
15-1058
|
WesternGeco LLC v. ION Geophysical Corp.
Order |
|
Jun. 20, 2016 | ||
|
15-7553
|
Floyd v. Alabama
Order |
|
Jun. 20, 2016 | ||
|
15-1204
|
Jennings v. Rodriguez
Order |
|
Jun. 20, 2016 | ||
|
15-1251
|
National Labor Relations Board v. SW General, Inc. dba Southwest Ambulance
Order |
|
Jun. 20, 2016 | ||
|
D068538
|
569 East County Boulevard LLC v. Backcountry Against the Dump Inc.
Sufficient evidence supported court's decision to reduce attorney fees award to prevailing party in anti-SLAPP motion. |
Civil Procedure |
|
Jun. 19, 2016 | |
|
A145528
|
Innes v. Diablo Controls Inc.
Shareholders of California corporation seeking inspection of corporation's records unsuccessful in writ petition where corporation need only make records available at Illinois office. |
Corporations |
|
Jun. 19, 2016 | |
|
C074801
|
Vasilenko v. Grace Family Church
Location of church's overflow lot, not location of injury, is dispositive in determining whether church may be held liable in tort for churchgoer's injuries. |
Torts |
|
Jun. 19, 2016 | |
|
13-56152
|
Rouser v. White
Where district court does not consider purpose and entire record of compliance with consent decree, termination must be vacated. |
Civil Procedure |
|
Jun. 19, 2016 | |
|
H041927
|
People v. Garrett
Defendant eligible for resentencing on commercial burglary conviction under Proposition 47 because use of stolen credit card to purchase $50 gift cards is misdemeanor shoplifting. |
Criminal Law and Procedure |
|
Jun. 16, 2016 | |
|
14-916
|
Kingdomware Technologies Inc. v. United States
Dept. of Veterans Affairs must apply 'Rule of Two' when awarding contracts even when Department will otherwise meet its annual minimum contracting goals. |
Government |
|
Jun. 16, 2016 | |
|
15-7
|
Universal Health Services Inc. v. United States (Escobar)
In False Claims Act suit, liability known as 'implied false certification' results in reversal and remand where Court clarifies circumstances in which Act imposes liability. |
Government |
|
Jun. 16, 2016 | |
|
15-375
|
Kirtsaeng v. John Wiley & Sons Inc.
In awarding fees under Copyright Act Section 505, substantial weight should be given to objective reasonableness of losing party's position in addition to all other circumstances. |
Intellectual Property |
|
Jun. 16, 2016 | |
|
E063931
|
People v. Endsley
Burden is on trial court to request and obtain medical recommendation of committed defendant seeking to be deemed sane and suitable for conditional release. |
Statutory Interpretation |
|
Jun. 16, 2016 | |
|
S228030
|
People v. Morales
Upon resentencing under Prop. 47, excess credit for time served may not be used to reduce or eliminate one-year period required by Penal Code Section 1170.18(d). |
Criminal Law and Procedure |
|
Jun. 16, 2016 | |
|
S216444
|
People v. Hubbard
Penal Code Section 424 applies only to public officers 'charged with the receipt, safekeeping, transfer, or disbursement of public moneys,' rather than all public officers. |
Criminal Law and Procedure |
|
Jun. 16, 2016 | |
|
13-15442
|
Bennett v. Bank Melli
Foreign Sovereign Immunities Act and Terrorism Risk Insurance Act allow judgment creditors to pursue Iran's national bank to collect on unsatisfied judgment for state-sponsored terrorist attacks. |
Remedies |
|
Jun. 15, 2016 | |
|
15-1380
|
Desert Pine Villas Homeowners Association v. Kabiling (In re Kabiling)
Homeowners Association properly found in contempt of discharge injunction where subsequent quiet title action included allegations regarding debtors' prepetition debts. |
Bankruptcy |
|
Jun. 15, 2016 |