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Kohn v. State Bar of California
Courts must analyze on a claim-by-claim basis whether Title II of the Americans with Disabilities Act validly abrogates state sovereign immunity as to the specific conduct at issue.
Constitutional Law, Attorneys 9th Oct. 22, 2024
Save Our Capitol! v. Dept. of General Services
Senate Bill 174--which limited Plaintiffs' CEQA challenges to a project concerning changes to the State Capitol--did not violate Article IV, Section 28 of the California Constitution.
Environmental Law, Constitutional Law 3DCA Oct. 9, 2024
Amended Opinion: Civil Beat Law Center v. Maile
Hawai'i Court Records Rule mandating categorical sealing of all medical and health records filed in state court proceedings was unconstitutionally overbroad.
Constitutional Law 9th Sep. 27, 2024
Arizona Alliance for Retired Americans v. Mayes
Ninth Circuit overturned *Havens Realty* two-part test for organizational standing because it conflicted with U.S. Supreme Court's *Hippocratic Medicine* three-part test.
Constitutional Law 9th Sep. 23, 2024
D'Augusta v. American Petroleum Institute
Plaintiffs were jurisdictionally barred from pursuing antitrust lawsuit against oil companies' purported collusion with Russia, Saudi Arabia, and former President Trump when it would involve intruding into executive branch powers.
Constitutional Law, Antitrust 9th Sep. 17, 2024
Clarke v. Gordon
Administrative per se hearing violated due process where record indicated hearing officer had acted as adjudicator and advocate despite stating she was only acting as trier of fact.
Administrative Agencies, Constitutional Law 4DCA/3 Sep. 16, 2024
City of Gridley v. Superior Court (McMillan)
City's decrease of existing electric utility rates did not violate the California Constitution because it did not impose, extend, or increase any tax or rate.
Constitutional Law, Utilities 3DCA Sep. 13, 2024
Adams v. County of Sacramento
Personal text messages from a public employee regarding a racist image did not constitute a matter of legitimate public concern and therefore were not protected by the First Amendment.
Constitutional Law 9th Sep. 10, 2024
Pimentel v. City of Los Angeles
Summary judgment was inappropriate where no evidence showed City's basis for setting parking citation late-payment penalty at 100 percent of the original fine was proportional and not arbitrary.
Constitutional Law, Municipal Law 9th Sep. 10, 2024
Wolford v. Lopez
Ninth Circuit affirmed preliminary injunction prohibiting the enforcement of laws that restricting firearms in sensitive places such as hospitals, public transit, and places of worship.
Constitutional Law 9th Sep. 9, 2024
Houston v. County of Maricopa
Because County's online "Mugshot Lookup," which included detainees' photos and personal information, served as a punishment, it implicated detainees' due process rights.
Constitutional Law 9th Sep. 6, 2024
Sanderlin v. Dwyer
District court properly denied qualified immunity, where a reasonable factfinder could conclude that defendant officer violently retaliated against protester for peacefully exercising First Amendment rights.
Qualified Immunity, Constitutional Law 9th Sep. 5, 2024
X Corp. v. Bonta
X (Twitter) was entitled to preliminary injunction preventing enforcement of California law requiring submission of reports about content-moderation policies because the law compelled non-commercial speech and was content-based regulation.
Constitutional Law 9th Sep. 5, 2024
Hunter v. U.S. Dept. of Education
Religious colleges and universities relying on Title IX's religious exemption to discriminate against students on the basis of sexual orientation does not violate the Establishment Clause.
Education, Constitutional Law 9th Sep. 3, 2024
Sutter's Place, Inc. v. City of San Jose
Trial court correctly concluded that regulation fee charged to gambling cardrooms funded "appropriate specific regulatory functions," but remand was required to determine whether fee included unconstitutional charges.
Constitutional Law 6DCA Sep. 3, 2024
Crowe v. Oregon State Bar
Dues-paying bar member established an infringement on his freedom of association after Oregon State Bar's publication of statements antithetical to his views and unrelated to its regulatory purpose.
Constitutional Law, Attorneys 9th Aug. 29, 2024
Civil Beat Law Center v. Maile
Hawai'i Court Records Rule mandating categorical sealing of all medical and health records filed in state court proceedings was unconstitutionally overbroad.
Constitutional Law 9th Aug. 29, 2024
Zeyen v. Bonneville Joint District
Idaho Constitution's provision of "free common schools" did not give rise to a vested private property interest in specific educational benefits to which the Takings Clause could attach.
Constitutional Law 9th Aug. 26, 2024
People v. Sorto
A functionally-equivalent LWOP sentence for a minor should be treated equivalently to an explicit LWOP for the purposes of resentencing following the amendment of the Penal Code.
Criminal Law and Procedure, Constitutional Law 2DCA/3 Aug. 23, 2024
Melendres v. Skinner
District court's appointment of independent monitors in response to sheriff's racial profiling practices did not violate Article III or separation of power principles.
Constitutional Law 9th Aug. 20, 2024
U.S. v. Manney
An individual purchasing firearms did not have the constitutional right to lie about the identity of the actual purchaser.
Constitutional Law, Criminal Law and Procedure 9th Aug. 20, 2024
Netchoice LLC v. Bonta
The California Age-Appropriate Design Code Act's requirement that businesses opine on and mitigate the risk of children's exposure to potentially harmful materials online likely facially violates the First Amendment.
Constitutional Law 9th Aug. 19, 2024
Election Integrity Project CA, Inc. v. Weber
District court did not err in dismissing claim that California's vote-by-mail unconstitutionally diluted votes when plaintiffs failed to allege facts substantiating their claim.
Constitutional Law 9th Aug. 16, 2024
Chinaryan v. City of Los Angeles
LAPD officers were not entitled to qualified immunity after conducting a high-risk vehicle stop based on nothing more than a reasonable suspicion that the vehicle was stolen.
Qualified Immunity, Constitutional Law 9th Aug. 15, 2024
Chong v. U.S.
One foot from an open garage was protected curtilage under the Fourth Amendment.
Criminal Law and Procedure, Constitutional Law 9th Aug. 15, 2024
Children's Health Defense v. Meta Platforms, Inc.
Despite having a parallel agenda with the government to prevent spread of vaccine misinformation, because defendant Meta Platforms was acting on its own, plaintiff's free speech claims failed.
Constitutional Law 9th Aug. 12, 2024
West Contra Costa Unified School Dist. v. Superior Court (A.M.M.)
Waiving the Government Code's timely claim presentation requirement for childhood sexual assault claims did not violate the California Constitution's Gifts Clause.
Government, Constitutional Law 1DCA/5 Aug. 2, 2024
Modification: People v. Bolourchi
Jurors at a motorist's DUI trial may draw an adverse inference of consciousness of guilt based on the motorist's refusal to submit to a pre-warrant blood test upon arrest.
Criminal Law and Procedure, Constitutional Law 1DCA/4 Jul. 29, 2024
Castellanos, et al. v. State of California, et al.
Proposition 22 (classifying app-based drivers as independent contractors) does not conflict with Article XIV, Section 4 of the California Constitution.
Constitutional Law, Employment Law CASC Jul. 26, 2024
Behrend v. San Francisco Zen Center, Inc.
Apprentice's Americans with Disabilities Act claims against Zen Center were properly dismissed under the First Amendment's "ministerial exception."
Employment Discrimination, Constitutional Law 9th Jul. 18, 2024