Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
20-15590
|
Hyatt v. Office of Management and Budget
Office of Management and Budget not required to approve challenged U.S. Patent & Trademark Office's rules because rules did not impose 'collections of information' subject to Paperwork Reduction Act. |
statutory_interpretation |
|
J. Nguyen | May 21, 2021 |
18-17004
|
Gilbert v. U.S.
District court was correct that it lacked subject matter jurisdiction over plaintiffs' suit for declaratory judgment related to federal tax obligations. |
Tax |
|
D. Forrest | May 21, 2021 |
A159055
|
People v. Houle
Court cannot unilaterally modify plea bargain upon striking Penal Code Section 667.5(b) enhancement; thus, remand was appropriate for trial court to strike enhancement and parties may enter into new agreement. |
Criminal Law and Procedure |
|
T. Jackson | May 20, 2021 |
B302627
|
Phipps v. Copeland Corporation
Defendant did not meet its burden of establishing its percentage of comparative fault could not be as large as 60 percent. |
Remedies |
|
J. Segal | May 20, 2021 |
A160286
|
Nunn v. JPMorgan Chase Bank
Parties' agreement in open court to trial date outside three-year period extended statutory deadline to that trial date. |
Civil Procedure |
|
A. Tucher | May 20, 2021 |
C090220
|
People v. Moore
Based on totality of circumstances, officer possessed probable cause to search Jeep for unlawful quantity of marijuana. |
Criminal Law and Procedure |
|
A. Hoch | May 20, 2021 |
E076177
|
In re S.R.
There was 'reason to believe' children had Indian ancestry for purposes of Indian Child Welfare Act because grandfather indicated great-grandmother had ancestry tracing to the Yaqui tribe. |
Dependency |
|
M. Slough | May 20, 2021 |
E072843
|
Modification: People v. Flores
In determining whether to strike gun enhancement, trial judge properly considered seriousness of injury and degree of danger defendant posed to public. |
Criminal Law and Procedure |
|
M. Slough | May 20, 2021 |
19-16667
|
Irving Firemen's Relief & Retirement Fund v. Uber Technologies
Plaintiff's securities fraud claim was properly dismissed because it failed to adequately allege loss causation as required by Federal Rule of Civil Procedure 9(b). |
Securities |
|
R. Gould | May 20, 2021 |
D077652
|
San Diegans for Open Government v. Fonseca
Plaintiff lacked standing because it failed to establish that it, or its member who qualified as 'resident,' paid tax that funded local agency one year prior to commencement of action. |
Civil Procedure |
|
P. Benke | May 20, 2021 |
B305689
|
Bruni v. The Edward Thomas Hospitality Corporation
Earlier period of employment that ended in voluntary resignation could not be aggregated with later period of employment that ended in layoff to meet six-month minimum period of employment under City's Ordinance. |
Employment Law |
|
G. Salter | May 19, 2021 |
B305844
|
Colebrook v. CIT Bank, N.A.
Trial court properly sustained defendant's demurrer based on res judicata because plaintiff's claims invoked same primary right as her three previous lawsuits that she brought against same defendant. |
Civil Procedure |
|
K. Yegan | May 19, 2021 |
C089451
|
California Manufacturers & Technology Assoc. v. State Water Resources Control Bd.
State Water Resources Control Board's maximum contaminant level for trichloropropane complied with Safe Drinking Water Act's requirement that new drinking water standards be 'economically feasible.' |
Water Rights |
|
J. Renner | May 19, 2021 |
B297049
|
People v. Financial Casualty & Surety
Procedural errors in trial court's setting of bail during criminal prosecution do not abrogate surety's financial obligation in collateral bail proceeding. |
Civil Procedure |
|
T. Willhite | May 19, 2021 |
20-15765
|
Walsh v. Browne
Secretary of Labor cannot be compelled to arbitrate in Fair Labor Standards Act enforcement action even if employees had agreed to arbitration because it was not party to arbitration agreement. |
Arbitration |
|
D. Forrest | May 19, 2021 |
18-17233
|
Witherow v. Baker
There was no precedent establishing that prison official's monitoring of inmate's legal calls with attorney representing him in civil matter violated inmate's Fourth Amendment rights; thus, qualified immunity was proper. |
Constitutional Law |
|
S. Ikuta | May 19, 2021 |
18-72985
|
Padilla Carino v. Garland
Without agreement between parents to transfer legal custody to naturalized parent during petitioner's childhood, 'nunc pro tunc' order cannot retroactively establish naturalized parent's sole legal custody for automatic derivative citizenship. |
Immigration |
|
J. Wallace | May 19, 2021 |
20-701
|
Calvert v. Texas
Order |
|
May 18, 2021 | ||
20-1047
|
Alabama v. Al Conference of NAACP
Order |
|
May 18, 2021 | ||
19-1392
|
Dobbs v. Jackson Women's Health
Order |
|
May 18, 2021 | ||
20-1009
|
Shinn v. Ramirez
Order |
|
May 18, 2021 | ||
20-1143
|
Badgerow v. Walters
Order |
|
May 18, 2021 | ||
20-157
|
Caniglia v. Strom
Police officer's 'community caretaking function,' such as providing aid, is not an open-ended license to perform searches anywhere. |
Constitutional Law |
|
C. Thomas | May 18, 2021 |
19-930
|
CIC Services, LLC v. Internal Revenue Service
Plaintiff's suit challenging IRS's reporting requirement was not a suit to restrain the collection of taxes and thus did not trigger the Anti-Injunction Act. |
statutory_interpretation |
|
E. Kagan | May 18, 2021 |
19-1189
|
BP P.L.C. v. Mayor and City Council of Baltimore
28 U.S.C. Section 1447(d) permits appellate review of district court's entire remand order when defendant relies on Section 1442 or 1443 as ground for removal. |
Civil Procedure |
|
N. Gorsuch | May 18, 2021 |
19-5807
|
Edwards v. Vannoy
Jury unanimity rule in 'Ramos v. Louisiana' does not apply retroactively on federal collateral review. |
Criminal Law and Procedure |
|
B. Kavanaugh | May 18, 2021 |
C091939
|
People v. Lord
Assembly Bill No. 1950 applies retroactively under 'In re Estrada' because it ameliorates criminal penalty and Legislature has not indicated contrary intent. |
Criminal Law and Procedure |
|
R. Robie | May 18, 2021 |
G058997
|
O'Shea v. Lindenberg
Defendant attorney's motion for directed verdict was properly granted because plaintiff failed to establish with expert testimony that hiring forensic expert would have resulted in more favorable judgment. |
Attorneys |
|
E. Moore | May 18, 2021 |
13-99001
|
Sansing v. Ryan
Denial of defendant's right to jury trial during penalty phase was harmless beyond reasonable doubt. |
Criminal Law and Procedure |
|
P. Watford | May 18, 2021 |
20-35318
|
Friends of Animals v. Haaland
Fish and Wildlife Services' pre-file notice rule was set aside because it runs against Endangered Species Act's requirement to rely only on information from citizens' petitions. |
Environmental Law |
|
J. Tunheim | May 18, 2021 |