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Hart v. City of Redwood City
Officers' use of deadly force was objectively reasonable where the deceased was not responding to commands and quickly approaching with a raised knife.
Qualified Immunity 9th Apr. 22, 2024
Espy v. J2 Global Inc.
Plaintiff failed to plead scienter based merely on general criticisms from two former company employees.
Securities 9th Apr. 22, 2024
Kuigoua v. Dept. of Veteran Affairs
Inclusion of fundamentally different claims in legal complaint from those contained in administrative complaint concerning alleged employment discrimination meant plaintiff failed to exhaust his administrative remedies.
Employment Discrimination 2DCA/8 Apr. 19, 2024
Modification: People v. Gray
Where defendant was found not guilty by reason of insanity, superior court lacked jurisdiction to modify and recalculate defendant' s commitment term pursuant to Penal Code Section 1172.75.
Criminal Law and Procedure 5DCA Apr. 19, 2024
Modification: People v. Beaudreaux
While the trial court erred in not providing counsel to defendant for his Section 1172.6 resentencing petition, the error was harmless because the jury found him to be the actual killer.
Criminal Law and Procedure 1DCA/4 Apr. 19, 2024
U.S. v. Ramirez
Police officer's inquiry about a driver's parole status during a traffic stop was a neglibly burdensome safety precaution that did not violate the Fourth Amendment.
Criminal Law and Procedure 9th Apr. 19, 2024
Meinecke v. City of Seattle
Bible-reading speaker's free speech rights prevailed over City's restrictions, when less speech-restrictive means were available to achieve public safety from assaulting hecklers.
Constitutional Law 9th Apr. 19, 2024
Lugo v. Pixior, LLC
Independent police investigation shielded former employer from liability for malicious prosecution claim even though one of its employees had provided false testimony at a preliminary hearing.
Anti-SLAPP 2DCA/8 Apr. 19, 2024
Modification: Apex Solutions, Inc. v. Falls Lake Insurance Management Co., Inc.
Separate vault breaches occurring on the same night by what appeared to be a single, coordinated group were a single occurrence of covered loss for insurance policy limit purposes.
Insurance 1DCA/4 Apr. 18, 2024
In re Taylor C.
Respondent was statutorily ineligible for sealing of juvenile records because of an offense requiring sex offender registration even though juvenile court dismissed his wardship petitions in the interests of justice.
Juveniles 1DCA/3 Apr. 18, 2024
McIntosh v. U.S.
A district court's failure to comply with Fed. R. of Crim. Pro. 32.22(b)(2)(B)'s requirement to enter a preliminary order before sentencing does not bar a judge from ordering forfeiture at sentencing.
Criminal Law and Procedure USSC Apr. 18, 2024
Muldrow v. City of St. Louis
Title VII employment discrimination does not require a showing that the injury was "significant."
Employment Discrimination USSC Apr. 18, 2024
U.S. v. Allahyari
Decision was not appealable because the party's rights had not been sufficiently settled after the district court entered a tentative agreement as to the value of a deed.
Civil Procedure 9th Apr. 18, 2024
U.S. v. Payne
Officer's use of parolee's thumb to access his cell phone information did not violate Fifth Amendment right against self-incrimination.
Criminal Law and Procedure 9th Apr. 18, 2024
DeVillier v. Texas
State law, rather than the Fifth Amendment, provided the proper procedural vehicle for petitioner to allege his takings claim against Texas.
Constitutional Law USSC Apr. 17, 2024
Rudisill v. McDonough
Servicemembers who, because of separate periods of qualifying military service, are eligible for two educational GI Bills, may use either Bill, in any order, up to the benefits cap.
Veterans Affairs USSC Apr. 17, 2024
Labrador v. Poe
Order
USSC Apr. 17, 2024
People v. Flores
Outdated "fresh complaint" doctrine was updated such that a child victim's delay in disclosing sexual assault generally goes to the weight of the disclosure, not its admissibility.
Evidence 4DCA/1 Apr. 17, 2024
U.S. v. Mirabal
In federal criminal proceedings, the federal government is a party-opponent of the defendant, so government attorney statements in plea agreements and sentencing memoranda are party-opponent admissions and not hearsay.
Evidence 9th Apr. 17, 2024
In re Complaint of Judicial Misconduct
Order
9th Apr. 17, 2024
Amended Opinion: Blue Mountains Biodiversity Project v. Jeffries
Because the U.S. Forest Service retained control and considered several alternatives, its project replacing diseased trees with disease-resistant ones did not violate the National Environmental Policy Act.
Environmental Law 9th Apr. 17, 2024
People v. Barooshian
Defendant's double jeopardy was not violated because gross vehicular manslaughter while intoxicated was not a necessarily included offense of murder.
Criminal Law and Procedure 4DCA/1 Apr. 17, 2024
City of Santa Cruz v. Superior Court (County of Santa Cruz)
Pursuant to Government Code Sections 935, 905, and a local ordinance, County was required to present its claims to City before filing lawsuit.
Government 6DCA Apr. 17, 2024
Compton v. Texas
Order
USSC Apr. 16, 2024
Michaels v. Davis
Order
USSC Apr. 16, 2024
Mckesson v. Doe
Order
USSC Apr. 16, 2024
Santa Clarita Valley Water Agency v. Whittaker Corporation
District court did not abuse its discretion by allowing water agency to assert legal theory at trial not included in Federal Rule of Civil Procedure 26 because it did not involve evidence.
Civil Procedure 9th Apr. 16, 2024
Perez v. City of Fresno
Paramedic was immune from liability for death of patient caused by requesting an officer sit on patient to help secure him for medical transport because paramedic acted with a medical purpose.
Qualified Immunity 9th Apr. 16, 2024
Espy v. J2 Global Inc.
Opinion
9th Apr. 22, 2024
Bissonnette v. LePage Bakeries Park St., LLC
A transportation worker need not work in the transportation industry to be exempt from coverage under Section 1 of the FAA.
Arbitration USSC Apr. 15, 2024