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Rudisill v. Cal. Coastal Commission
Real parties in interest could have reasonably concluded that petitioner asserted claims against them arising from conduct protected under the anti-SLAPP statute, so attorneys' fees sanctions against real parties were unwarranted.
Anti-SLAPP 2DCA/2 Jun. 7, 2019
McMillin Homes Construction v. Natl. Fire & Marine Ins. Co.
Insurance company owed general contractor duty to defend homeowner claim where subcontractor shared control of project; care, custody or control exclusion requires exclusive or complete control.
Insurance 4DCA/1 Jun. 7, 2019
Allied Signal Aerospace v. Workers' Comp. Appeals Bd.
Workers Compensation Appeals Board lacked jurisdiction to review the medical necessity and reasonableness of home healthcare because it was a threshold jurisdictional issue.
Workers' Compensation 2DCA/2 Jun. 7, 2019
LAOSD Asbestos Cases
Trial court properly instructed in specific terms under CACI Nos. 1220, 1221, and 1222, relating to plaintiffs' negligence theory supported by the evidence, rather than general terms.
Torts 2DCA/4 Jun. 7, 2019
Amended Opinion: Aguirre Barbosa v. Barr
Under the theft framework, a violation of Oregon Revised Statutes Section 164.395, a crime of robbery in the third degree, is not categorically a crime involving moral turpitude.
Immigration 9th Jun. 7, 2019
U.S. v. Benamor
Government need not prove defendant knew firearm lacked antiquity exempting it from Penal Code Section 922(g), since antiquity is an affirmative defense rather than an element of the crime.
Criminal Law and Procedure 9th Jun. 7, 2019
In Re Hyundai and Kia Fuel Economy Litigation
District court did not abuse its discretion in finding that common issues predominated because class members were exposed to uniform fuel-economy misrepresentations and suffered identical injuries within only small range of damages.
Civil Procedure 9th Jun. 7, 2019
Bergelectric v. Secretary of Labor
Petitioner was not performing roofing work when it installed solar panels on a roof and it did not comply with the stricter safety standard governing work on unprotected sides and edges.
Administrative Agencies 9th Jun. 7, 2019
Modification: Mercury Insurance Co. v. Lara
Trial court's ruling that Insurance Companies' 'broker fees' were not premium because they were charged for separate services was barred by collateral estoppel; thus, writ of mandate vacated.
Insurance 4DCA/3 Jun. 6, 2019
National Abortion Federation v. Center for Medical Progress
Court lacked jurisdiction to hear consolidated appeals from district court order holding appellants in civil contempt for violating court's preliminary injunction because no final judgment had been entered.
Civil Procedure 9th Jun. 6, 2019
NEI Contracting and Engineering v. Hanson Aggregates
Because class representative was found to lack standing, trial court did not abuse its discretion in decertifying class and plaintiff waived standing determination by failing to challenge that determination.
Civil Procedure 9th Jun. 6, 2019
U.S. v. Brown
Officers responding to an anonymous tip that young, black man possessed a gun was insufficient to support a stop and frisk of defendant under 'Terry v. Ohio.'
Criminal Law and Procedure 9th Jun. 6, 2019
People v. Gutierrez
Defendant twice failed to exercise statutory right to request that the court consider ability to pay in setting a restitution fine; thus, he forfeited challenge to those fines and fees.
Criminal Law and Procedure 4DCA/1 Jun. 6, 2019
In re J.M.
Juveniles who are not charged as adults are not statutorily eligible for the mental health program under Penal Code Sections 1001.35 and 1001.36.
Juveniles 1DCA/3 Jun. 5, 2019
In Re Carlos Carrion Jr.
Former husband remained personally liable for entire amount of student loan debt despite former wife's assumption of half the debt in a marital settlement agreement.
Bankruptcy BAP Jun. 5, 2019
In Re Augustine Pena III
Chapter 7 trustee abandoned rental properties after bankruptcy case converted, but not rents derived therefrom; thus, bankruptcy court did not err in denying debtor's application to recover those unclaimed funds.
Bankruptcy BAP Jun. 5, 2019
Berger v. Varum
The Uniform Voidable Transactions Act supplements, not replaces, common law fraudulent transfer, and plaintiff adequately pled common law fraudulent transfer by alleging specific financial damages resulting from defendants' conduct.
Torts 1DCA/1 Jun. 5, 2019
Gold Value Int'l Textile v. Sanctuary Clothing
Copyright registration was invalid because all elements of Section 411(b) of the Prioritizing Resources and Organization for Intellectual Property Act of 2008 were established.
Copyright 9th Jun. 5, 2019
Austin v. University of Oregon
Because plaintiffs' theories of liability were missing sufficient, nonconclusory allegations plausibly linking University's disciplinary action against them to discrimination on basis of sex, district court properly dismissed Title IX claims.
Civil Rights 9th Jun. 5, 2019
Modification: People v. Warner
Trial court did not err in finding that there was sufficient evidence to show that defendant intended to kill under 'kill zone' theory and to so instruct the jury.
Criminal Law and Procedure 3DCA Jun. 5, 2019
Wheeler v. U.S.
Order
USSC Jun. 4, 2019
Allen v. Cooper
Order
USSC Jun. 4, 2019
Retirement Plans Comm. v. Jander
Order
USSC Jun. 4, 2019
Holguin-Hernandez v. U.S.
Order
USSC Jun. 4, 2019
Mont v. U.S.
Pretrial detention qualifies as 'imprisonment in connection with a conviction' under 18 U.S.C. Section 3624(e) if a subsequent sentence credits that detention as time served, tolling defendant's supervised release term.
Criminal Law and Procedure USSC Jun. 4, 2019
Fort Bend County, Texas v. Davis
Title VII's charge-filing requirement is a processing rule, albeit a mandatory one, not a jurisdictional prescription delineating the adjudicatory authority of courts.
Employment Law USSC Jun. 4, 2019
Taggart v. Lorenzen
Creditor may be held in civil contempt for violating a discharge order based on an objectively unreasonable belief that the order did not bar creditor's conduct.
Bankruptcy USSC Jun. 4, 2019
Azar v. Allina Health Services
Because government has not identified lawful excuse for neglecting statutory notice-and-comment obligations, its policy that dramatically reduced payments to hospitals serving low-income patients was vacated.
Health Care USSC Jun. 4, 2019
Longview International Inc. v. Stirling
Recording of abstract of judgment while corporation was suspended is a procedural matter which was retroactively validated when its corporate powers were restored.
Real Property 6DCA Jun. 4, 2019
People v. Osotonu
Defendant who bombed an ATM entered an area objectively off-limits to the public with intent to steal therefrom; thus, he could not have his burglary conviction recast as misdemeanor shoplifting.
Criminal Law and Procedure 1DCA/4 Jun. 4, 2019