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U.S. v. Berckmann
District court did not abuse its discretion by admitting evidence pertaining to other attacks as non-propensity evidence.
Evidence 9th Aug. 21, 2020
U.S. v. Lague
A medical professional's practice-wide prescription data is probative of unlawful intent in a 21 U.S.C. Section 841 charge.
Evidence 9th Aug. 21, 2020
Oracle America v. Hewlett Packard Enterprise
District court's partial summary judgment for defendant on claims for copyright infringement and intentional interference with prospective economic advantage based upon statute of limitations was proper.
Copyright 9th Aug. 21, 2020
Monarch Content Mgmt. v. Arizona Dept. of Gaming
The Interstate Horse Racing Act of 1978 pertaining to interstate horserace wagering at off-track sites did not preempt A.R.S. Section 5-112(U).
Civil Rights 9th Aug. 21, 2020
Amended Opinion: Sonner v. Premier Nutrition Corp.
State law cannot circumscribe federal court's equitable powers even when state law affords the rule of decision.
Remedies 9th Aug. 21, 2020
Biel v. St. James School
Order
9th Aug. 21, 2020
People v. Ochoa
Trial court abused its discretion by failing to consider youth-related mitigating factors before imposing life without parole for murder committed when defendant was 17 years old.
Juveniles 2DCA/7 Aug. 20, 2020
Modification: Pasos v. Los Angeles County Civil Service Com.
Trial court erred by substituting its own discretion for that of Sheriff's Department in determining appropriate penalty for deputy sheriff's failure to report another deputy's use of force against inmate.
Employment Law 2DCA/7 Aug. 20, 2020
U.S. v. State of Washington
HB 1723 falls within 40 U.S.C. Section 3172's waiver of federal government's immunity from state workers' compensation laws and thus did not violate doctrine of intergovernmental immunity.
Government 9th Aug. 20, 2020
U.S. v. Valencia-Lopez
In allowing special agent to testify, district court abused its discretion by not properly fulfilling its gatekeeping role under 'Daubert v. Merrill Dow Pharmaceuticals, Inc.'
Criminal Law and Procedure 9th Aug. 20, 2020
U.S. v. Swenson
District court erred by concluding that defendant's wife's social security benefits were subject to garnishment to satisfy his restitution order.
Criminal Law and Procedure 9th Aug. 20, 2020
Cheneau v. Barr
Petitioner's burglary conviction was not a crime-of-violence aggravated felony that rendered him removable.
Immigration 9th Aug. 20, 2020
Kipp v. Davis
Trial court's admission of evidence of unadjudicated rape and murder of a separate victim deprived defendant of fair trial in violation of his due process rights.
Criminal Law and Procedure 9th Aug. 20, 2020
Kipp v. Davis
Defendant's references to Satan introduced during his guilt phase were wholly inadequate to show 'substantial and injurious effect' on jury's guilty verdict.
Criminal Law and Procedure 9th Aug. 20, 2020
Flores Castro v. Hernandez Renteria
Under Hague Convention on the Civil Aspects of International Child Abduction, if guardian fails to petition for child's return within one year, judicial authority is not required to order return.
Immigration 9th Aug. 20, 2020
Rittmann v. Amazon.com
Amazon Flex delivery workers were exempt from Federal Arbitration Act's enforcement provisions because they were transportation workers engaged in interstate commerce under 9 U.S.C. Section 1.
Arbitration 9th Aug. 20, 2020
Jarboe v. Hanlees Auto Group
Company affiliation and relatedness of arbitrable claims alone do not establish third-party beneficiary relationships or compel application of equitable estoppel.
Arbitration 1DCA/3 Aug. 19, 2020
Buskirk v. Buskirk
Trial court erred by dismissing family dispute over trust for want of personal jurisdiction because trust had ample connections to California.
Civil Procedure 2DCA/8 Aug. 19, 2020
People v. The North River Insurance Co.
Trial court did not err in denying appellant's motion to set aside summary judgment.
statutory_interpretation 2DCA/7 Aug. 19, 2020
Felisilda v. FCA US LLC
Because plaintiffs expressly agreed to arbitrate claims arising out of condition of vehicle, they were estopped from refusing to arbitrate their claim against nonsignatory manufacturer.
Civil Procedure 3DCA Aug. 19, 2020
People v. Schaffer
Defendant did not have federal constitutional right to have jury determine whether he violated his parole.
Criminal Law and Procedure 4DCA/2 Aug. 19, 2020
In re David C.
Juvenile court's jurisdiction over minor terminated when Senate Bill No. 439 went into effect; thus, juvenile court lacked jurisdiction to adjudicate alleged violations of probation after its effective date.
Juveniles 5DCA Aug. 19, 2020
Martis Camp Community Assn. v. County of Placer
Trial court did not err in concluding there was no violation of Ralph M. Brown Act.
Real Property 3DCA Aug. 19, 2020
In re Internet Lending Cases
Court appropriately assessed whether defendant was entitled to tribal sovereign immunity based on circumstances at the time of its motion to dismiss hearing, rather than at the time of the filing of complaint.
Civil Procedure 1DCA/3 Aug. 19, 2020
T.A.W. Performance v. Brembo, S.P.A.
Trial court properly granted defendant's motion to quash service of summons for lack of personal jurisdiction.
Civil Procedure 1DCA/3 Aug. 19, 2020
Oakland-Alameda County Coliseum v. Golden State Warriors
The word 'terminates' may be interpreted as including termination by nonrenewal in licensing agreements containing debt repayment schedules.
Arbitration 1DCA/5 Aug. 19, 2020
Modification: Johnson v. Monsanto Co.
Plaintiff was entitled to future noneconomic damages measured by reasonable and realistic life expectancy, not life expectancy based on hope that he might miraculously live for dozens of more years.
Remedies 1DCA/1 Aug. 19, 2020
In re Rudolph Medina aka Rudy Medina
Bankruptcy court erred in requiring trustee to prove actual harm or actual damages under Uniform Voidable Transactions Act.
Bankruptcy BAP Aug. 18, 2020
In re Donald Hugh Nichols and Jane Ann Nichols
Bankruptcy court properly converted chapter 13 case to chapter 7 for bad faith conduct, despite debtors' 11 U.S.C. Section 1307(b) dismissal motion.
Bankruptcy BAP Aug. 18, 2020
Castillo v. Metropolitan Life Insurance Co.
Attorney's fees incurred in an administrative proceeding did not constitute 'appropriate equitable relief' under 29 U.S.C. Section 1132(a)(3).
statutory_interpretation 9th Aug. 18, 2020