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Warner Chappell Music, Inc. v. Nealy
Copyright plaintiffs may recover damages for acts that allegedly occurred more than three years before the filing of the lawsuit if the claims are timely filed.
Copyright, Civil Procedure USSC May 10, 2024
Bafford v. Administrative Committee of the Northrop Grumman Pension Plan
An ERISA plan administrator's duty to provide pension benefit statements is not met if the provided statements are substantially inaccurate.
Employment Law, Civil Procedure 9th May 10, 2024
Public Employees Retirement Association of New Mexico v. Earley
Staying securities fraud proceedings as to individual defendants during corporate Chapter 11 proceedings for judicial efficiency was inappropriate without weighing potential prejudice to shareholder plaintiffs in the fraud action.
Civil Procedure, Bankruptcy 9th May 6, 2024
Douglas Pell v. Amy Nunez
Law student failed to state a cognizable deprivation of rights under federal law because State Bar's action was merely advisory and without legal significance until approved by California Supreme Court.
Attorneys, Civil Procedure 9th May 1, 2024
Vines v. O'Reilly Auto Enterprises
Trial court erred in granting interest on attorneys' fees award from the date of the original judgment, rather than the new judgment after reversal on appeal.
Civil Procedure 2DCA/7 Apr. 25, 2024
Lytle v. Nutramax Laboratories,Inc.
At the class certification stage, plaintiffs may use a reliable, unexecuted damages model to show that damages are susceptible to common proof.
Civil Procedure, Consumer Law 9th Apr. 23, 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
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
Casola v. Dexcom, Inc.
For removability, an electronically submitted complaint is not "filed" in California state court until it is acknowledged as officially filed by the court clerk.
Civil Procedure 9th Apr. 11, 2024
Sikousis Legacy, Inc., V. B-Gas Limited et al
District court did not abuse its discretion in vacating a pre-judgment attachment of a vessel because plaintiffs failed to show reasonable probability of success on their corporate veil-piercing theory.
Civil Procedure 9th Mar. 26, 2024
Grant v. City of Long Beach
Appeal was dismissed because appellant's opening brief contained material misstatements of the facts and holdings of cases cited as authority and cited apparently nonexistent cases.
Civil Procedure 9th Mar. 25, 2024
DZ Reserve v. Meta Platforms, Inc.
Meta's alleged misrepresentations about the potential advertising reach of its platform constituted a common course of conduct for the alleged consumer class.
Civil Procedure 9th Mar. 22, 2024
Modification: Wood v. San Francisco Superior Court
Because the name change would not create confusion or defraud, trial court erred in disallowing plaintiff to change her name to "Candi Bimbo Doll."
Civil Procedure 1DCA/2 Mar. 20, 2024
Federal Bureau of Investigation v. Fikre
U.S. government failed to show that its action of not relisting individual on the No Fly List would meet stringent standard necessary to moot case based on voluntary cessation.
Civil Procedure USSC Mar. 20, 2024
Wood v. San Francisco Superior Court
Because the name change would not create confusion or defraud, trial court erred in disallowing plaintiff to change her name to "Candi Bimbo Doll."
Civil Procedure 1DCA/2 Mar. 18, 2024
Jackson v. Lara
Interim adverse judgment rule applied to malicious prosecution claim since trial court previously found evidence of battery sufficient to deny plaintiff's motion for acquittal.
Civil Procedure 4DCA/1 Mar. 11, 2024
Hee Shen Cemetery v. Yeong Wo Assn.
Substantial evidence did not show that private voluntary association unreasonably construed a plain and unambiguous provision in its bylaws so judicial intervention was not appropriate.
Civil Procedure 1DCA/2 Mar. 7, 2024
Jones v. Riot Hospitality Group
Terminating sanctions were appropriate where plaintiff took affirmative steps to coordinate deletion of text messages between her and coworkers with the intent to deprive the defendant of their use.
Civil Procedure 9th Mar. 6, 2024
Peridot Tree, Inc. v. City of Sacramento
Abstention was improper in cannabis dispensary's dormant Commerce Clause claim because it was unclear how the claim could be avoided by a state-court ruling.
Civil Procedure 9th Mar. 5, 2024
W. Bradley Electric v. Mitchell Engineering
Refusing to set aside attorney's unauthorized dismissal of cross-complaint was not an abuse of discretion where the client failed to act promptly to rectify the situation, ratifying the dismissal.
Civil Procedure 1DCA/5 Mar. 1, 2024
McDonald v. Lawson
Doctors' constitutional case against COVID-19 misinformation law was moot because the possibility of enforcement was remote and there was no indication of reenactment.
Civil Procedure 9th Mar. 1, 2024
Conservatorship of T.B.
Trial court's abuse of discretion in granting trial continuances did not require reversal of ultimate conservatorship order.
Civil Procedure 1DCA/2 Feb. 28, 2024
Ayers v. FCA US, LLC
Code of Civil Procedure Section 998's limitations on expenses and costs incurred following an offer to compromise applies even when a case is resolved via pretrial settlement.
Civil Procedure 2DCA/8 Feb. 28, 2024
Jamgotchian v. Ferraro
California Horse Racing Board decision did not preclude 42 U.S.C. Section 1983 constitutional claims in federal court because the Board lacked authority to decide constitutional claims.
Civil Procedure 9th Feb. 27, 2024
Transamerica Life Insurance Co. v. Arutyunyan
District court did not abuse its discretion in entering a default judgment as a sanction for defendants' repeated violations of court orders.
Civil Procedure 9th Feb. 23, 2024
Marriage of Tara and Robert D.
Trial court's error in refusing to grant continuance after permitting attorney's withdrawal on eve of trial was not prejudicial where appellant's contentions were merely suggestive of disadvantage.
Civil Procedure 4DCA/1 Feb. 20, 2024
Amended Opinion: Jane Doe v. Webgroup Czech Republic, A.S.
District court had specific personal jurisdiction against foreign pornography website operators who used U.S.-based content delivery network services to improve U.S. user viewing experience.
Civil Procedure 9th Feb. 15, 2024
Peace Ranch, LLC v. Bonta
Plaintiff challenging new law adequately pled standing based on pre-enforcement injury theory where the Attorney General admitted that the law targeted plaintiff.
Civil Procedure 9th Feb. 14, 2024
Miyahara v. Wells Fargo Bank, N.A.
Plaintiff should have been allowed to amend complaint where she may have been able to allege facts to overcome judicial estoppel triggered by her prior bankruptcy filing.
Civil Procedure 2DCA/7 Feb. 13, 2024
Jackson v. Board of Civil Service Commissioners of the City of Los Angeles
When superior court's judgment involved further administrative agency reconsideration, its decision was not final and appealable.
Civil Procedure 2DCA/7 Feb. 12, 2024