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Guerrero-Lasprilla v. Barr
INA's Limited Review Provision's phrase 'questions of law' includes the application of legal standard to undisputed or established facts.
Immigration USSC Mar. 24, 2020
Allen v. Cooper
The Intellectual Property Clause did not allow Congress to abrogate sovereign immunity from copyright suits.
Copyright USSC Mar. 24, 2020
Kahler v. Kansas
Due process did not require Kansas to adopt moral incapacity test because insanity defenses are state governance and no particular version is required.
statutory_interpretation USSC Mar. 24, 2020
Comcast Corp. v. National Assn. of African-American Owned Media
A 42 U.S.C. Section 1981 plaintiff continuously bears the burden of showing that plaintiff's race was a 'but-for' cause of its injury.
Torts USSC Mar. 24, 2020
Davis v. U.S.
Courts may conduct a plain error review of unpreserved arguments, including unpreserved factual arguments.
Criminal Law and Procedure USSC Mar. 24, 2020
Avery v. US
Order
USSC Mar. 24, 2020
In re Andrew M.
Incarcerated parents may waive their appearance, but juvenile court may only adjudicate petition if that parent has representation at the hearing.
Juveniles 2DCA/3 Mar. 24, 2020
Medical Marijuana, Inc. v. ProjectCBD.com
Trial court erred in denying defendant's anti-SLAPP motion because plaintiffs had not demonstrated a probability in prevailing on their libel claim.
Anti-SLAPP 4DCA/1 Mar. 24, 2020
People v. Bullard
Penal Code Section 10851 violations do not bar Proposition 47 relief merely because one cannot prove intent to indefinitely deprive the owner.
Criminal Law and Procedure CASC Mar. 24, 2020
Bazan v. U.S.
Order
USSC Mar. 24, 2020
Bazan v. U.S.
Order
USSC Mar. 24, 2020
In Re Brown
Funds that were fraudulently transferred by the debtor remained property of the converted estate under 11 U.S.C. Section 348(f)(1)(A).
Bankruptcy 9th Mar. 24, 2020
Walker v. Life Insurance Company of the Southwest
The district court did not err in granting class certification order because the district court's reliance in 'Briseno' did not cause legal error.
Civil Procedure 9th Mar. 24, 2020
Winter v. Gardens Regional Hospital and Medical Center
To be actionable under the False Claim Act, clinical judgments and opinions do not require objective falsehood.
Torts 9th Mar. 24, 2020
U.S. v. Walker
Corporal Injury to Spouse or Cohabitant convictions qualify as violent felonies under Armed Career Criminal Act.
Criminal Law and Procedure 9th Mar. 23, 2020
U.S. v. Miller
Jury charge instructing wire fraud as 'deceive or cheat' instead of 'deceive and cheat' was erroneous but harmless.
Criminal Law and Procedure 9th Mar. 23, 2020
Walker v. Fred Meyer Inc.
FCRA's standalone disclosure requirement does not allow for inclusion of any extraneous information in the consumer report disclosure.
Consumer Law 9th Mar. 23, 2020
Smith v. Davis
Petitioner failed to exercise reasonable diligence in pursuing his rights; thus, equitable tolling of statute of limitations did not apply.
Criminal Law and Procedure 9th Mar. 23, 2020
Fidelity National Home Warranty Company Cases
Trial court erred in failing to exclude 135 days from dismissal period following assignment of coordination motion judge to rule on petition to coordinate.
Civil Procedure 4DCA/1 Mar. 23, 2020
People v. Cruz
Senate Bill 1437 was constitutional and did not amend Proposition 7 because it neither added to nor took away from Proposition 7's initiatives.
statutory_interpretation 4DCA/2 Mar. 20, 2020
People v. Solis
Senate Bill No. 1437 did not unconstitutionally amend Proposition 7 and Proposition 115.
statutory_interpretation 4DCA/3 Mar. 20, 2020
People v. Cruz
Making a criminal threat was not a lesser included offense of stalking because it required different statutory elements.
Criminal Law and Procedure 4DCA/3 Mar. 20, 2020
People v. Garcia
Penal Code Section 12022.53 does not grant trial courts discretion to substitute lesser included enhancements where greater enhancement is valid.
Criminal Law and Procedure 2DCA/2 Mar. 20, 2020
In re S.E.
Juvenile court harmlessly erred by applying presumption of causality to victim restitution ordered under Welfare and Institutions Code Section 730.6.
Juveniles 5DCA Mar. 20, 2020
Herrera v. Zumiez Inc.
Requiring employees to call manager thirty minutes to one hour before scheduled shift constitutes 'reporting for work.'
Employment Law 9th Mar. 20, 2020
Save the Agoura Cornell Knoll v. City of Agoura Hills
Petitioners were not barred from recovering attorney's fees based on failing to strictly comply with California Environmental Quality Act's 10-day notice requirement.
Environmental Law 2DCA/7 Mar. 19, 2020
M.G. v. Superior Court (Orange County Social Services Agency)
Welfare and Institutions Code's statutory preference towards parental reunification can only be overcome by preponderance of state's evidence showing that reunification would be detrimental.
Family Law 4DCA/3 Mar. 18, 2020
Citizens of Humanity, LLC v. Hass
Anti-SLAPP motion was properly denied because there were disputed material facts that had to be resolved before court could determine whether defendants had probable cause to pursue litigation.
Anti-SLAPP 4DCA/1 Mar. 18, 2020
Pakdel v. City and County of San Francisco
District court properly dismissed plaintiffs' takings claim as unripe because plaintiffs did not satisfy finality requirement.
Constitutional Law 9th Mar. 18, 2020
Amended Opinion: Lopez-Angel v. Barr
Permanent resident who was deported allowed to proceed with deportation appeal because he was involuntarily removed from the United States.
Immigration 9th Mar. 18, 2020