| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
S215614
|
Kilby v. CVS Pharmacy Inc.
California Supreme Court clarifies when employers must provide employees a seat, settling Industrial Welfare Commission's seating provisions. |
Employment Law |
|
Apr. 5, 2016 | |
|
13-56577
|
Millennium Laboratories Inc. v. Ameritox Ltd.
Summary judgment improper where triable issues remain as to whether visual layout of urine test report is functional, disqualifying it from Lanham Act protection. |
Intellectual Property |
|
Apr. 5, 2016 | |
|
14-55243
|
Scheer v. Kelly
Attorney's facial challenge to State Bar's disciplinary provision enacted in 1991 not time-barred by 9th Circuit ruling applying 2-year limitations period in Takings-Clause-related cases; yet claim fails on merits. |
Civil Procedure |
|
Apr. 5, 2016 | |
|
D069308
|
Morgan v. Beaumont Police Dept.
Police department not immune in wrongful suit action where it fails to show promulgation of vehicle pursuit policy through written certification from all officers. |
Criminal Law and Procedure |
|
Apr. 5, 2016 | |
|
C073360
|
People v. Sanchez
Sex offender's conviction upheld despite absence of direct evidence of sexual penetration where confession and circumstantial evidence more than sufficient to establish corpus delicti of crime. |
Criminal Law and Procedure |
|
Apr. 5, 2016 | |
|
13-56141
|
Lowry v. City of San Diego
Summary judgment in city's favor reversed where reasonable jury could find officers responding to office building alarm used excessive force by deliberately unleashing police dog. |
Civil Rights |
|
Apr. 4, 2016 | |
|
14-50576
|
U.S. v. Alexander
Although 9.6 month delay 'troublesome,' defendant not deprived of right to speedy trial upon weighing of 'Barker v. Wingo' factors. |
Criminal Law and Procedure |
|
Apr. 4, 2016 | |
|
14-55897
|
Liao v. Junious
Parolee granted habeas relief where trial counsel's failure to secure medical evidence to support crucial 'sleepwalking' defense resulted in 'extreme malfunction of justice.' |
Criminal Law and Procedure |
|
Apr. 4, 2016 | |
|
15-7290
|
Olivo v. United States
Order |
|
Apr. 4, 2016 | ||
|
D067962
|
People v. Poisson
Ear-slasher may be convicted of both mayhem and battery with serious bodily injury because the latter offense is not a lesser included offense of mayhem. |
Criminal Law and Procedure |
|
Apr. 1, 2016 | |
|
A143916
|
People v. Davis
Persons on probation for a felony conviction are 'currently serving a sentence' for purposes of Proposition 47, under which they must petition for resentencing. |
Criminal Law and Procedure |
|
Apr. 1, 2016 | |
|
D066237
|
San Diego Housing Commission v. Public Employment Relations Board (Service Employees International Union, Local 221)
Mayers-Milias-Brown Act's fact-finding provisions apply to impasses arising during negotiation of any bargainable matter, not just MOU negotiations. |
Labor Law |
|
Apr. 1, 2016 | |
|
S232900
|
People v. Valenzuela
Is defendant eligible for resentencing on the penalty enhancement for serving a prior prison term on a felony conviction after the superior court had reclassified the underlying felony as a misdemeanor under the provisions of Proposition 47? |
|
Apr. 1, 2016 | ||
|
14-30249
|
U.S. v. Magallon-Lopez
Motion to suppress drugs found in vehicle properly denied where officer's lie regarding reason for stop permissible because undisclosed facts sufficed to establish reasonable suspicion. |
Criminal Law and Procedure |
|
Apr. 1, 2016 | |
|
13-56762
|
McIndoe v. Bath Iron Works Corp.
In asbestos action, naval warships are not 'products' for purposes of strict products liability; nor can plaintiffs prevail against shipbuilders on negligence theory. |
Maritime Law |
|
Apr. 1, 2016 | |
|
12-72326
|
Valenzuela Gallardo v. Lynch
BIA's most recent construction of 'obstruction of justice' under Immigration and Nationality Act Section 101(a)(43)(S)'s raises grave doubts as to its constitutionality, warranting remand. |
Immigration |
|
Apr. 1, 2016 | |
|
S232375
|
People v. Aumoeualogo
Does Proposition 47, which reclassifies as a misdemeanor any grand theft involving property valued at $950 or less (Pen. Code, § 490.2), apply to theft of access card information in violation of Penal Code section 484e(d)? |
|
Apr. 1, 2016 | ||
|
S232329
|
Driver (Tommy Junior) on H.C.
Order |
|
Apr. 1, 2016 | ||
|
S232331
|
People v. Driver
Was the trial court's decision that defendant's prior conviction constituted a strike incompatible with Descamps v. U.S. (2013) because the trial court relied on judicial fact-finding beyond the elements of the actual prior conviction? |
|
Apr. 1, 2016 | ||
|
S232675
|
People v. Lopez
Does Proposition 47 apply to the offense of unlawful taking or driving a vehicle (Veh. Code, § 10851), because it is a lesser included offense of Penal Code section 487(d), and that offense is eligible for resentencing to a misdemeanor under Penal Code sections 490.2 and 1170.18? |
|
Apr. 1, 2016 | ||
|
S232649
|
People v. Thomas
Does Proposition 47, which reclassifies as a misdemeanor any grand theft involving property valued at $950 or less (Pen. Code, § 490.2), apply to theft of access card information in violation of Penal Code section 484e(d)? |
|
Apr. 1, 2016 | ||
|
F069139
|
People v. Woodworth
Court's error in failing to realize it had discretion to impose consecutive, rather than concurrent, sentence results in vacated sentence and remand. |
Criminal Law and Procedure |
|
Mar. 31, 2016 | |
|
14-1418
|
Zubik v. Burwell
Whether the Dept. of Health and Human Service Mandate and its "accommodation" violate the Religious Freedom Restoration Act ('RFRA') by forcing religious nonprofits to act in violation of their sincerely held religious beliefs, when the Government has not proven that this compulsion is the least restrictive means of advancing any compelling interest. |
|
Mar. 31, 2016 | ||
|
14-1453
|
Priests for Life v. Dept. of Health and Human Services
Whether the contraceptive services mandate of the Affordable Care Act as applied to non-exempt, nonprofit religious organizations violates the Religious Freedom Restoration Act of 1993 (RFRA), 42 U.S.C. §§ 2000bb, et seq. |
|
Mar. 31, 2016 | ||
|
15-35
|
East Texas Baptist University v. Burwell
Does the availability of a regulatory option for nonprofit religious employers to comply with HHS's contraceptive mandate eliminate either the substantial burden on religious exercise or the violation of RFRA that this Court recognized in Burwell v. Hobby Lobby Stores, Inc., 134 S.Ct. 2751 (2014)? |
|
Mar. 31, 2016 | ||
|
15-105
|
Little Sisters of the Poor Home for the Aged, Denver, Colorado v. Burwell
Does the availability of a regulatory method for nonprofit religious employers to comply with HHS's contraceptive mandate eliminate either the substantial burden on religious exercise or the violation of RFRA that this Court recognized in Burwell v. Hobby Lobby Stores, Inc., 134 S.Ct. 2751 (2014)? |
|
Mar. 31, 2016 | ||
|
15-119
|
Southern Nazarene University v. Burwell
Whether the alternative means for nonprofit religious employers to comply with the ACA's contraceptive-coverage Mandate alters Hobby Lobby's substantial-burden analysis or identification of a free exercise violation under RFRA. |
|
Mar. 31, 2016 | ||
|
15-191
|
Geneva College v. Burwell
Whether, under Hobby Lobby, the Mandate's imposition of seamless abortifacient coverage on objecting religious nonprofit organizations' health plans substantially burdens religious exercise and violates RFRA. |
|
Mar. 31, 2016 | ||
|
A142240
|
Alana M. v. State of California
State of California is immune from liability for injuries caused by indigenous tree falling on girl camping with family at Portola Redwoods State Park. |
Government |
|
Mar. 31, 2016 | |
|
D066755
|
City of El Centro v. Lanier (State Building and Construction Trades Council of California, AFL-CIO)
Charter cities fail in constitutional challenge seeking to prevent enforcement of Labor Code Section 1782, which conditioned state funding on compliance with prevailing wage laws. |
Constitutional Law |
|
Mar. 31, 2016 |
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