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Modification: Stanford Vina Ranch Irrigation Co. v. State of Cal.
State Water Resources Control Board has authority to regulate unreasonable use of water by adopting regulations establishing minimum flow requirements protecting migration of threatened fish species during drought conditions.
Administrative Agencies 3DCA Jul. 10, 2020
NAEC v. USDOI
National Environmental Policy Act provides reasonable notice that intended scope encompassed actual future lease sales.
Environmental Law 9th Jul. 10, 2020
Canela v. Costco
Private Attorney General Act claim is fundamentally different from class action and thus cannot be the basis for Class Action Fairness Act claim.
Civil Procedure 9th Jul. 10, 2020
Modification: People v. Cotsirilos
In ordinary infraction case, prosecution is not required to oppose motion to suppress by filing opposition brief or appearing at suppression hearing.
Criminal Law and Procedure 4DCA/1 Jul. 10, 2020
People v. Superior Court (Ferraro)
Senate Bill No. 1437 is not an invalid attempt to amend Proposition 115 or Proposition 7.
statutory_interpretation 3DCA Jul. 9, 2020
WFG National Title Ins. v. Wells Fargo Bank etc.
Title derived through forged instrument is completely unenforceable regardless of whether it was duly recorded by a bonafide purchaser.
Real Property 2DCA/3 Jul. 9, 2020
Little Sisters of the Poor Saints Peter and Paul Home v. Pennsylvania
Under Affordable Care Act, government has statutory authority to provide exemptions from regulatory contraceptive requirements for employers with religious and conscientious objections.
Health Care USSC Jul. 9, 2020
Our Lady of Guadalupe School v. Morrissey-Berru
Ninth Circuit erred in reversing summary judgment for religious schools under ministerial exception because First Amendment's Religion Clauses foreclosed adjudication of plaintiffs' employment discrimination claims.
Constitutional Law USSC Jul. 9, 2020
Crow Indian Tribe v. State of Wyoming
Montana district court's orders remanding to Fish & Wildlife Services 2017 Rule governing Greater Yellowstone grizzly bear population was affirmed, with the exception of a 'comprehensive review' order of remnant grizzly population.
Environmental Law 9th Jul. 9, 2020
BNSF Railway v. Oregon Dep't of Revenue
Under 49 U.S.C. Section 11501(b)(4), railroads may challenge discriminatory property taxes--even those masquerading as tax exemptions.
Tax 9th Jul. 9, 2020
McAlpine v. Norman
An expert's bare conclusions, unsupported by reasons or explanations is insufficient to show one acted within the standard of care.
Civil Procedure 3DCA Jul. 9, 2020
Modification: People v. Rosas
Probation exception for warrantless searches is inapplicable if police are unaware of probation search condition at the time.
Criminal Law and Procedure 2DCA/6 Jul. 8, 2020
United States v. Vandergroen
A 911 call may generate reasonable suspicion if it is reliable and provides information on potential serious illegal activity.
Criminal Law and Procedure 9th Jul. 8, 2020
United States v. Voris
Because defendant fired four shots at five officers, only four assault convictions were constitutionally permissible and one assault conviction was multiplicitous.
Criminal Law and Procedure 9th Jul. 8, 2020
Modification: Gutierrez v. Brand Energy Services of California
Trial court erred in interpreting Wage Order 16 Section 5(D) as permitting employees and employers to enter CBA's that waived right to all compensation for employer-mandated travel time.
Employment Law 1DCA/3 Jul. 7, 2020
Chiafalo v. Washington
State may enforce an elector's pledge to support his party's nominee--and the state voters' choice--for President.
Constitutional Law USSC Jul. 7, 2020
Colorado Dept. of State v. Baca
Judgment of Tenth Circuit was reversed for reasons stated in 'Chiafalo v. Washington.'
Constitutional Law USSC Jul. 7, 2020
Barr v. American Assn. of Political Consultants, Inc.
Government-debt exception to Telephone Consumer Protection Act of 1991 was unconstitutional because it violated the First Amendment and thus was severed from remainder of statute.
Consumer Law USSC Jul. 7, 2020
Modification: People v. Padilla
Proposition 57 applies retroactively to juveniles tried as adults whose judgments are not final; thus, appellant was entitled to transfer hearing.
Criminal Law and Procedure 2DCA/4 Jul. 7, 2020
Lonky v. Patel
Arbitrator acted within her authority in modifying second ruling prior to issuing final ruling because second ruling did not determine all issues that could have been addressed at that time.
Arbitration 2DCA/2 Jul. 7, 2020
Mize v. Mentor Worldwide LLC
Tort claims premised on conduct that both violates Medical Device Amendments and gives rise to recovery under state law even in absence of MDA are not preempted.
Torts 2DCA/6 Jul. 7, 2020
Ben-E-Lect v. Anthem Blue Cross Life and Health Ins. Co.
Evidence demonstrated that defendant had sufficient market power in the California small group health insurance market to impair competition significantly.
Antitrust 1DCA/3 Jul. 7, 2020
United States v. Many White Horses
Petitioner's special condition of supervised release prohibiting him from residing in town found to trigger his alcohol and drug related behavior was affirmed.
Criminal Law and Procedure 9th Jul. 7, 2020
United States v. Malik
Assessment of probable cause takes into account the totality of the circumstances known to the officers at the time of the search.
Criminal Law and Procedure 9th Jul. 7, 2020
Demartini v. Demartini
Defendants' appeal seeking review of order remanding claim back to state court was dismissed because remands pursuant to 28 U.S.C. Section 1447(e) are not discretionary and therefore not reviewable.
Civil Procedure 9th Jul. 7, 2020
East Bay Sanctuary Covenant v. Barr
Rule denying asylum to aliens arriving at US border with Mexico unless they first applied for, and had been denied, asylum in Mexico or another country they traveled through, was unlawful.
Immigration 9th Jul. 7, 2020
Bayramoglu v. Nationstar Mortgage LLC
Although plaintiffs' discovery responses may have been improper and warranted motion to compel further responses, they were not equivalent of factually devoid discovery responses.
Civil Procedure 3DCA Jul. 6, 2020
American Wild Horse Campaign v. Bernhardt
Bureau of Land Management's plan to 'geld and release' wild horses in American West did not violate National Environmental Policy Act because plan did not have significant effects on environment.
Environmental Law 9th Jul. 6, 2020
Zurich American Insurance v. Ironshore Specialty Insurance
Order
9th Jul. 6, 2020
Zurich American Insurance v. Ironshore Specialty Insurance
Order
9th Jul. 6, 2020