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In re Volkswagen "Clean Diesel" Marketing, Sales Practices, and Products Liability Litigation
Congress intended to allow states to enforce anti-tampering rules related to post-sale vehicles, and such rules are not impliedly preempted.
Environmental Law 9th Jun. 3, 2020
Harris v. University Village Thousand Oaks, CCRC, LLC
Statutory scheme for continuing care residential communities does not conflict with arbitration provisions of Civil Code Section 1953.
Arbitration 2DCA/6 Jun. 3, 2020
Kon v. City of Los Angeles
Plaintiff's conviction of disturbing the peace did not bar his suit for excessive force, because there was no inconsistency between the two cases.
Civil Procedure 2DCA/8 Jun. 3, 2020
Wicks v. Antelope Valley Healthcare Dist.
Hospital was not liable for negligence of doctors because evidence showed decedent was notified that physicians were not hospital employees.
Torts 2DCA/8 Jun. 3, 2020
Lepe Moran v. Barr
Petitioner's conviction for felony vehicular flight from pursuing police car while driving against traffic is categorically a crime involving moral turpitude that made him removable.
Immigration 9th Jun. 3, 2020
Grigoryan v. Barr
Government violated petitioners' due process rights by failing to provide them full and fair opportunity to rebut government's fraud allegations.
Immigration 9th Jun. 3, 2020
Jarchow v. State Bar of Wisconsin
Order
USSC Jun. 2, 2020
Furlow v. U.S.
Order
USSC Jun. 2, 2020
Nasrallah v. Barr
8 U.S.C. Sections 1252(a)(2)(C) and (D) do not preclude judicial review of noncitizen's factual challenges to Convention Against Torture order.
Immigration USSC Jun. 2, 2020
Thole v. U. S. Bank N. A.
Participants in defined-benefit retirement plan lacked standing under Employee Retirement Income Security Act because they did not have concrete stake in lawsuit.
Constitutional Law USSC Jun. 2, 2020
Banister v. Davis
Habeas courts must entertain Rule 59(e) motions as attendant to initial habeas application, rather than dismiss them as successive.
Criminal Law and Procedure USSC Jun. 2, 2020
Financial Oversight and Management Bd. for Puerto Rico v. Aurelius Investment, LLC
Financial Oversight and Management Board members' selection was not subject to constraints of Appointments Clause because members had primarily local duties.
Constitutional Law USSC Jun. 2, 2020
GE Energy Power Conversion France SAS v. Outokumpu Stainless USA, LLC
Nothing in text of Convention on the Recognition and Enforcement of Foreign Arbitral Awards conflicted with application of domestic law.
statutory_interpretation USSC Jun. 2, 2020
People v. Best
Defendant's lack of knowledge of criminal law and courtroom procedure was not a basis to deny the right to self-representation.
Criminal Law and Procedure 1DCA/4 Jun. 2, 2020
Modification: People v. Son
Imposing court assessments without first giving defendant opportunity to request ability to pay hearing is unconstitutional.
Criminal Law and Procedure 5DCA Jun. 2, 2020
In re Richard R. Lane
Bankruptcy court could not void lien when claim relating to lien was disallowed because creditor who filed proof of claim did not prove that it was entitled to enforce debt.
Bankruptcy 9th Jun. 2, 2020
People v. Duarte-Lara
'People v. Mayberry' instructions are not warranted unless defendant's mistake of consent was subjectively and objectively reasonable under circumstances.
Criminal Law and Procedure 1DCA/3 Jun. 1, 2020
People v. Lima
Although prosecutor improperly argued facts not in evidence during closing argument, misconduct was harmless in light of evidence.
Criminal Law and Procedure 2DCA/5 Jun. 1, 2020
People v. Son
Imposing court assessments without first giving defendant opportunity to request ability to pay hearing is unconstitutional.
Criminal Law and Procedure 5DCA Jun. 1, 2020
Modification: Montrose Chemical Corp. of California v. Superior Court (Canadian Universal Insurance Co.)
Insured was entitled to access otherwise available coverage under any excess policy once it exhausted directly underlying excess policies for same policy period.
Insurance CASC Jun. 1, 2020
In re B.J.
Juvenile erroneously committed to Division of Juvenile Justice based on his last adjudicated offense of resisting a peace officer.
Juveniles 2DCA/6 Jun. 1, 2020
Valero Refining Co. v. Bay Area Air Quality
Hearing board applied correct standard of review in determining whether agency official's interpretation of regulation was correct because it was not empowered to evaluate its fairness.
Environmental Law 1DCA/2 Jun. 1, 2020
Boermeester v. Carry
Fair procedure requires universities allow students in disciplinary sexual misconduct proceedings to cross-examine critical witnesses where credibility is an issue.
Civil Procedure 2DCA/8 Jun. 1, 2020
Eloquence Corp. v. Home Consignment Center
Claims based on breaching divisible contracts must be brought within the applicable limitations period after that particular performance was due.
Civil Procedure 1DCA/3 Jun. 1, 2020
Hester v. Public Storage
Null and void clauses were valid because they were not precluded by statutes governing self-storage auction sales and plaintiff was not under duress.
Contracts 4DCA/3 Jun. 1, 2020
Unicolors v. H&M Hennes & Mauritz
Plaintiff's copyright registration application contained inaccuracies that it knew were inaccurate; thus, district court was required to request Register of Copyrights to advise.
Copyright 9th Jun. 1, 2020
People v. Prado
Legislature did not violate constitutional limitation in amending Penal Code Sections 188-89 when it passed Senate Bill 1437 because such sections are not initiative statutes.
statutory_interpretation 4DCA/3 May 29, 2020
Sharufa v. Festival Fun Parks, LLC
Record did not contain enough evidence to show whether waterslide theme park patrons received service or were supplied product to address product liability claim.
Torts 6DCA May 29, 2020
Insalaco v. Hope Lutheran Church
Continuance of summary judgment hearing was virtually mandated because plaintiff provided declaration requesting specific discovery showing essential evidence may exist.
Torts 1DCA/2 May 29, 2020
City of Chula Vista v. Sandoval
Passthrough payments have primacy under Health and Safety Code Section 34188 over residual Assembly Bill 8 pro rata shares.
statutory_interpretation 3DCA May 29, 2020