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Confederated Tribes and Bands of the Yakama Nation v. Yakima County
State of Washington may exercise criminal jurisdiction over members of the Confederated Tribes and Bands of the Yakama Nation who commit crimes on reservation land.
Native American Affairs 9th Jun. 30, 2020
Diaz-Torres v. Barr
Petitioner's proposed social group comprised of 'Mexican professionals who refuse to cooperate with drug cartels' was not socially distinct for withholding of removal eligibility.
Immigration 9th Jun. 30, 2020
Saint Francis Memorial Hospital v. State Dept. of Public Health
Equitable tolling may apply to time allotted to seek judicial review of an adjudicatory decision by writ of administrative mandate under Government Code Section 11523.
Civil Procedure CASC Jun. 30, 2020
Oman v. Delta Air Lines, Inc.
Delta Air Lines satisfied minimum wage law because the compensation owed to flight attendants under their duty period credit formula exceeded minimum wage.
Labor Law CASC Jun. 30, 2020
Ward v. United Airlines, Inc.
Wage Order No. 9 does not bar Labor Code Section 226 wage statement claims by interstate transportation workers in a collective bargaining agreement.
Labor Law CASC Jun. 30, 2020
People v. Duffy
Defendant's enhancements were stricken after he was improperly convicted for the same offense, possession of a concealed firearm in a vehicle, based on alternate legal theories.
Criminal Law and Procedure 3DCA Jun. 30, 2020
Universal Home Improvement, Inc. v. Robertson
Parties responding to Requests for Admissions may avoid shifting costs and expenses by establishing reasonable basis for potential success at trial.
Remedies 1DCA/2 Jun. 29, 2020
Bullock v. Superior Court (People)
Courts must demonstrate particularized nexus between COVID-19 pandemic and its inability to conduct timely preliminary hearing in order to extend time.
Criminal Law and Procedure 1DCA/5 Jun. 29, 2020
Regents of the University of California v. Public Employment Relations Bd.
Public Employment Relations Board did not abuse its discretion in adding new classification into preexisting bargaining unit.
Administrative Agencies 1DCA/1 Jun. 29, 2020
People v. Paige
Defendants charged with felony murder but convicted of voluntary manslaughter pursuant to a plea agreement are not eligible for relief under Penal Code Section 1170.95.
statutory_interpretation 1DCA/2 Jun. 29, 2020
U.S. v. Cox
Defendant satisfied 'notice' requirement for child pornography conviction when she sent one-to-one electronic message to Dropbox account that contained child pornography.
Criminal Law and Procedure 9th Jun. 29, 2020
State of California v. Trump
Budgetary transfers of funds for construction of wall on southern border of United States were not authorized under Department of Defense Appropriations Act of 2019.
Constitutional Law 9th Jun. 29, 2020
Sierra Club v. Trump
Where plaintiffs establish that they satisfy requirements of Article III standing, they may invoke separation-of-powers constraints, like Appropriations Clause, to challenge agency spending in excess of its delegated authority.
Constitutional Law 9th Jun. 29, 2020
Roberts v. City of Fairbanks
Order
9th Jun. 29, 2020
Xochihua-Jaimes v. Barr
Petitioner established requisite level of torture with acquiescence by public official by credibly testifying that she was beaten severely and threatened with death at gunpoint by drug cartel, while Mexican police laughed.
Immigration 9th Jun. 29, 2020
Department of Homeland Security v. Thuraissigiam
As applied here, Section 1252(e)(2) of Illegal Immigration Reform and Immigrant Responsibility Act did not violate the Suspension Clause.
Immigration USSC Jun. 26, 2020
Abbott Laboratories v. Superior Court (People)
District attorneys may, in properly pleaded cases, seek remedies for UCL violations occurring within or outside their counties' borders.
Remedies CASC Jun. 26, 2020
In re Scoggins
Defendant's conduct in planning unarmed assault and robbery, did not support robbery-murder special-circumstance finding because defendant did not know his accomplices would shoot and kill victim.
Criminal Law and Procedure CASC Jun. 26, 2020
People v. Stamps
Defendant was entitled to limited remand to allow him the opportunity to request relief under Senate Bill No. 1393, which might have consequences to his plea agreement.
Criminal Law and Procedure CASC Jun. 26, 2020
Hanouchian v. Steele
Agreements to adhere to fraternal organization guidelines did not impose greater legal duty upon possessor of land than those imposed by current laws.
Torts 2DCA/3 Jun. 26, 2020
Modification: Mosley v. Pacific Specialty Insurance Co.
An insured increases a hazard within its control only if the insured is aware of the hazard or it is reasonably discoverable.
Contracts 4DCA/2 Jun. 26, 2020
Conservatorship of B.(E.)
Order
CASC Jun. 26, 2020
Howerton (Kevin) on H.C.
Order
CASC Jun. 26, 2020
U.S. v. Johnson
Although government did not prove at trial that defendant knew of his status as convicted felon, court records contained information about his prior felony convictions and years served in prison.
Criminal Law and Procedure 9th Jun. 26, 2020
M&T Bank v. SFR Investments Pool 1
Quiet title actions are 'contract' claims under Housing and Economic Recovery Act, subject to statute of limitations of at least six years.
Real Property 9th Jun. 26, 2020
Blumenthal Distributing Inc. v. Herman Miller Inc.
Plaintiff did not supply legally sufficient evidence of fame of its claimed trade dresses; thus, judgment against defendant for trade dress dilution was reversed.
Intellectual Property 9th Jun. 26, 2020
Modification: People v. Flores
Jury reasonably concluded defendant committed murder because defendant was with victim, he shot someone near his van, and returned without victim.
Criminal Law and Procedure CASC Jun. 26, 2020
People v. Mayfield
Trial court abused its discretion by striking one of respondent's prior strikes after he committed hate crime against pregnant African American woman.
Criminal Law and Procedure 4DCA/1 Jun. 25, 2020
Van v. LLR Inc.
The temporary loss of use of one's money constitutes an injury in fact for purposes of Article III standing.
Constitutional Law 9th Jun. 25, 2020
People v. Bradley
Belated assertion of right to a speedy trial is entitled to less weight than prompt assertion of such right.
Criminal Law and Procedure 3DCA Jun. 25, 2020