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Cox v. U.S.
Order
USSC Oct. 16, 2019
Stacy v. U.S.
Order
USSC Oct. 16, 2019
McCants v. U.S.
Order
USSC Oct. 16, 2019
Perez v. U.S.
Order
USSC Oct. 16, 2019
Atkinson v. U.S.
Order
USSC Oct. 16, 2019
U.S. v. Thornhill
Applying Federal Rule of Evidence 403 to Rule 414 evidence, and factors set forth in 'United States v. LeMay,' probative value of defendant's prior conviction was not substantially outweighed by its unfair prejudice.
Evidence 9th Oct. 16, 2019
Atlantic Richfield v. Central Valley Regional Water Quality
A parent company may have direct liability for hazardous waste caused by its subsidiary if it is found to control the activities responsible for the waste.
Environmental Law 3DCA Oct. 16, 2019
People v. Meneses
In sexual assault cases involving minors, jurors may consider charged sex offenses as evidence of a defendant's propensity to commit similar offenses; thus, jury instruction under CALCRIM No.1191B was proper.
Criminal Law and Procedure 4DCA/3 Oct. 15, 2019
Koenig v. Warner Unified School District
Employment termination agreement provision under which health benefits would be paid until plaintiff turned 65 violated Government Code Section 53261, but was severable from the remainder of the agreement.
Contracts 4DCA/1 Oct. 15, 2019
Morris v. Hyundai Motor America
Given trial court's clear expression in final order of its reasons for attorney fees reductions, stray remark trial court made, that it had other prohibited reasons, did not require reversal.
Civil Procedure 2DCA/7 Oct. 15, 2019
Rudick v. State Board of Optometry
Under Optometry Practice Act Section 3077, an office is defined as any place optometry is practiced and a Branch Office License is required for additional offices that service patients.
Government 1DCA/3 Oct. 15, 2019
Modification: Naranjo v. Spectrum Security Services, Inc.
Labor Code Section 226.7 actions for premium wage as statutory remedy does not entitle employees to pursue derivative penalties under Sections 203 and 226.
Labor Law 2DCA/4 Oct. 14, 2019
Sharon v. Porter
Legal malpractice lawsuit was filed over one year from the commencement of Code of Civil Procedure Section 340.6's statute of limitations and was time-barred.
Civil Procedure 4DCA/3 Oct. 14, 2019
Floyd v. Filson
Petitioner's constitutional rights were not violated by admission of victim's mother's testimony about her son's difficult life and previous experiences with violent crime because testimony did not unduly prejudice petitioner.
Criminal Law and Procedure 9th Oct. 14, 2019
Weber v. Allergan, Inc.
Plaintiff failed to show that defendant violated a Food and Drug Administration requirement; thus, plaintiff's claim was preempted by the Medical Device Amendments.
Constitutional Law 9th Oct. 14, 2019
People v. Winn
Admission of photograph of victim while alive did not prejudice defendant, nor did trial court's failure to question defendant's counsel after defendant alleged counsel did not consult with him regarding potentially testifying.
Criminal Law and Procedure 6DCA Oct. 11, 2019
Greene v. California Coastal Commission
Under 'Sinaiko v. Superior Court,' general objections will not satisfy the requirement that all administrative remedies must be exhausted before the court must act.
Real Property 2DCA/5 Oct. 11, 2019
Ferra v. Loews Hollywood Hotel
'Regular rate of compensation' for calculating meal or rest break premium payments is not synonymous with 'regular rate of pay' for calculating overtime premium payments.
Labor Law 2DCA/3 Oct. 11, 2019
Rivera v. Kent
Order
1DCA/4 Oct. 11, 2019
National Resources Defense Council Inc. v. Perry
Department of Energy regulation known as 'error-correction rule' imposed upon Department duty to publish energy conservation standards in Federal Register, and its refusal to do so violated the rule.
Administrative Agencies 9th Oct. 11, 2019
Kim v. U.S.
When tortfeasors have adopted a technical policy to evaluate the hazards caused by trees, the discretionary function of the Federal Tort Claims Act may not apply to dismiss the case.
Torts 9th Oct. 11, 2019
California Insurance Guarantee Assoc. v. Azar
California Insurance Guarantee Association, not a primary plan under Medicare regulations, had no obligation to reimburse the Center for Medicare Services for conditional payments made on behalf of workers' compensation insureds.
Insurance 9th Oct. 11, 2019
Target Corporation v. Golden State Ins. Co. Limited
Insurance company was not required to defend retailer against customer's lawsuit because there was no 'minimal causal connection' between the product distributed by its insured and customer's injury.
Insurance 2DCA/6 Oct. 11, 2019
Modification: People v. Mejia
True finding of premeditated and deliberation as an aider and abettor cannot be based on the natural and probable consequences doctrine, so that finding must be vacated.
Criminal Law and Procedure 4DCA/3 Oct. 10, 2019
Brown v. USA Taekwondo
Organization had special relationship with coach because organization implemented policies and procedures to protect athletes from sexual abuse by coaches, and organization barred coach from coaching athletes for violations of policies.
Torts 2DCA/7 Oct. 10, 2019
Gonzales v. San Gabriel Transit
Remand was necessary for the trial court to apply the ABC test adopted in 'Dynamex Operations West, Inc. v. Superior Court' while plaintiff's appeal was pending.
Labor Law 2DCA/4 Oct. 10, 2019
Henderson v. Equilon Enterprises
Only an employer can be liable for claims of inadequate compensation. A Multi-Site Operator Agreement is insufficient to prove that an employer-employee relationship exists on a joint employer liability theory.
Employment Law 1DCA/1 Oct. 10, 2019
U.S. v. Valle
Government could not establish non-citizen's continuous presence in United States since alleged time of reentry without submitting any direct evidence of where non-citizen was for over a decade.
Criminal Law and Procedure 9th Oct. 10, 2019
In re O.C.
Welfare and Institutions Code Section 781, not Section 786, applied to sealing petition, and the trial court properly denied the petition due to petitioner's felony convictions.
Criminal Law and Procedure 4DCA/2 Oct. 10, 2019
People v. Merchant
Under the forfeiture-by-wrongdoing exception, a defendant's Sixth Amendment right to confront an adverse witness is not violated if the defendant coerced a witness or victim from testifying at trial.
Criminal Law and Procedure 4DCA/1 Oct. 10, 2019