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Name Category Published
Burch v. CertainTeed Corp.
Substantial evidence supported jury's finding that defendant intentionally concealed health hazards of asbestos from plaintiff; thus, trial court properly denied defendant's motion for judgment notwithstanding verdict. 		Torts 1DCA/4 Apr. 17, 2019
Grimm v. Vortex Marine Construction
District courts lack jurisdiction over merits of litigation disputing Longshore Act compensation orders, which must specify a money allowance or method for calculating it to fall under this limited jurisdiction. 		Labor Law 9th Apr. 17, 2019
Erickson Productions,Inc. v. Kraig Kast
Trial court incorrectly found for plaintiff in copyright suit where defendant did not seek or receive 'direct financial benefit' by use of plaintiff's images on defendant's website. 		Copyright 9th Apr. 17, 2019
Baldwin v. United States
Treasury Regulation Section 301.7502-1(e) made clear that Internal Revenue Code Section 7502 displaced the common-law mailbox rule; thus, under Section 7502 plaintiffs did not timely file their amended tax return. 		Tax 9th Apr. 17, 2019
Oracle USA v. Rimini Street
Order 		9th Apr. 17, 2019
People v. Medina
'Kill zone' jury instructions are inappropriate when defendant lacked a primary target and did not specifically intend to kill everyone in the area around that target to ensure his death. 		Criminal Law and Procedure 2DCA/1 Apr. 17, 2019
Stennett v. Miller
Nonmarital biological child of absentee father who never openly held her out as his own does not have standing to assert cause of action for his wrongful death. 		probate_and_trusts 4DCA/3 Apr. 16, 2019
People v. Flores
Defendant's Sixth Amendment rights were violated by counsel's pursuit of defenses that did not comport with defendant's insistence that he did not commit the alleged criminal acts. 		Constitutional Law 4DCA/1 Apr. 16, 2019
Castro v. Tri Marine Fish Co
A settlement agreement and confirming order do not constitute an arbitral award under the New York Convention and Convention Act simply because they are signed in the presence of an arbitrator. 		Arbitration 9th Apr. 16, 2019
People v. Washington
Defendant, whose mother's retainer agreement with counsel provided for routine defense costs to be paid by mother, was not entitled to copies of supplemental discovery made at the county's expense. 		Criminal Law and Procedure 3DCA Apr. 16, 2019
Ingenco Holdings v. Ace Amer. Ins. Co.
If an insured violates a condition precedent in a policy agreement, an insurer nonetheless may not deny coverage under the policy absent prejudice. 		Insurance 9th Apr. 16, 2019
Cal. Dept. of Social Services v. Marin
Foster care maintenance payment rate increases mandated by 'California State Foster Parent Assn. v. Lightbourne' do not apply retroactively to plaintiff's adopted children; thus, judgment granting petition for writ of mandate reversed. 		Government 2DCA/6 Apr. 16, 2019
People v. Hernandez
Senate Bill No. 620 does not apply retroactively to cases that become final, in order to assure that penal laws will maintain their desired deterrent effect. 		Criminal Law and Procedure 2DCA/6 Apr. 16, 2019
Dunn v. Price
Order 		USSC Apr. 15, 2019
People v. Dearborne
Pinning down a victim and pressing an object the victim believed to be a gun into her side constituted force underlying a conviction for forcible rape. 		Criminal Law and Procedure 4DCA/3 Apr. 15, 2019
U.S. v. Price
18 U.S.C Section 2244 does not require the government to prove beyond a reasonable doubt that the perpetrator subjectively knew the victim did not consent to sexual contact. 		Criminal Law and Procedure 9th Apr. 15, 2019
People v. Easter
Substantial evidence was presented that defendant was experiencing new and worsened symptoms constituting substantial change of circumstances in his mental condition; thus, trial court erred in failing to reinstate competency proceedings. 		Criminal Law and Procedure 1DCA/2 Apr. 15, 2019
Parker Drilling Mgmt. Services v. Newton
Order 		USSC Apr. 15, 2019
McDonough v. Smith
Order 		USSC Apr. 15, 2019
Fort Bend County, TX v. Davis
Order 		USSC Apr. 15, 2019
Dept. of Commerce, et al v. New York, et al
Order 		USSC Apr. 15, 2019
People v. Morrison
Courts have discretion to replace enhancements with lesser included enhancements, under Penal Code Section 12022.53(d). 		Criminal Law and Procedure 1DCA/5 Apr. 15, 2019
Scoggins (Willie) on H.C.
Order 		3DCA Apr. 12, 2019
Savea v. YRC Inc.
Employer listing its actual recorded fictitious business name and mailing address, omitting a mail stop code and ZIP+4 Code, fully complied with Labor Code Section 226(a)(8). 		Labor Law 1DCA/3 Apr. 12, 2019
People v. Edwards
Penal Code Section 3051(h) provides youthful-offender parole hearings even for first degree murderers who receive de facto life sentences but excludes One Strikers; thus, Section 3051(h) violates principles of equal protection. 		Criminal Law and Procedure 1DCA/4 Apr. 12, 2019
Subcontracting Concepts (CT), LLC v. De Melo
Due to numerous unconscionable provisions, the trial court did not abuse its discretion when it deemed the entire employee arbitration agreement unenforceable. 		Employment Law 1DCA/2 Apr. 12, 2019
U.S. v. Lozoya
Assault on commercial flight occurred before entering Central District of California's airspace and 18 U.S.C. Section 3237(a) pertains to offenses involving transportation in interstate commerce or foreign commerce; thus, venue was improper. 		Civil Procedure 9th Apr. 12, 2019
People v. Lara
Proposition 47's ameliorative provisions did not apply to a Vehicle Code Section 10851(a) conviction for post-theft driving because the offense is a felony regardless of the value of property stolen. 		Criminal Law and Procedure 4DCA/2 Apr. 12, 2019
Modification: People v. Westerfield
Absent evidence that a jury was materially affected by the publicity and interest that a case generates, a court does not abuse its discretion by denying a motion for jury sequestration. 		Criminal Law and Procedure CASC Apr. 12, 2019
In re Caden C.
No reasonable court could have concluded that a compelling justification had been made for forgoing adoption under beneficial relationship exception; thus, judgment was reversed. 		Dependency 1DCA/4 Apr. 11, 2019
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