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Name Category Published
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
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
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
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
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
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
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
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
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
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
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
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
Innovention Toys, LLC v. MGA Entertainment, Inc.
Order
Jun. 20, 2016
WesternGeco LLC v. ION Geophysical Corp.
Order
Jun. 20, 2016
Floyd v. Alabama
Order
Jun. 20, 2016
Jennings v. Rodriguez
Order
Jun. 20, 2016
National Labor Relations Board v. SW General, Inc. dba Southwest Ambulance
Order
Jun. 20, 2016
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
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
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
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
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
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
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
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
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
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
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
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
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