Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
17-1229
|
Helsinn Healthcare S. A. v. Teva Pharmaceuticals USA, Inc.
A commercial sale to a third party requiring them to keep an invention confidential may place an invention "on sale" under 35 U. S. C. Section 102(a), thus barring it from being patented. |
Intellectual Property |
|
C. Thomas | Jan. 23, 2019 |
18-280
|
NY State Rifle & Pistol v. New York, NY
Order |
|
Jan. 23, 2019 | ||
17-16020
|
In re Volkswagen "Clean Diesel" Litigation
If Non-Class Counsel conduct pre-trial activities that do not materially drive settlement negotiations in a class action suit that settles, then they are not entitled to attorneys' fees. |
Attorneys |
|
M. Smith | Jan. 23, 2019 |
17-35722
|
Stillaguamish Tribe v. State of Washington
Tribe's assertion of tribal immunity in declaratory judgment pleading, in anticipation of threatened litigation, does not create subject matter jurisdiction. |
Civil Procedure |
|
M. McKeown | Jan. 23, 2019 |
D072328
|
Dogan v. Comanche Hills Apartments
'Jameson v. Desta' applies retroactively to cases not final on appeal; requires reversal and new trial in tort action where indigent litigant was denied court reporter fee waiver. |
Torts |
|
W. Dato | Jan. 23, 2019 |
B284566
|
Rall v. Tribune 365 LLC
A newspaper has a First Amendment right to publish or not to publish any story it chooses, in particularly a newspaper has the right to not publish a certain writer's work. |
Constitutional Law |
|
E. Grimes | Jan. 22, 2019 |
G056105
|
Conservatorship of Ribal
Probate Code Section 859 limits liability to double damages, and any other remedies available in law, for people taking or disposing of property in a manner that constitutes financial elder abuse. |
probate_and_trusts |
|
E. Moore | Jan. 22, 2019 |
17-16881
|
Rocky Mountain Farmers Union v. Corey
Claim that 2015 Low Carbon Fuel Standard violated Commerce Clause was precluded by prior decision in 'Rocky Mountain Farmers Union v. Corey;' controlling substance at crux of the case had not changed. |
Constitutional Law |
|
R. Gould | Jan. 22, 2019 |
16-55177
|
U.S. v. Spearman
Order |
|
Jan. 22, 2019 | ||
S252473
|
In re Clifford Allen Brace Jr.
Order |
|
Jan. 18, 2019 | ||
S252145
|
Palmer (Wiliam M.) on H.C.
Order |
|
Jan. 18, 2019 | ||
S252796
|
Sandoval v. Qualcomm Inc.
Order |
|
Jan. 18, 2019 | ||
15-70814
|
Atenia Lorenzo v. Sessions
Order |
|
Jan. 18, 2019 | ||
17-16980
|
Taylor v. County of Pima
Plaintiff cannot recover damages for wrongful incarceration under 42 U.S.C. Section 1983; although his jury conviction was vacated, plaintiff pled no contest to the same counts, and was resentenced to time served. |
Civil Rights |
|
S. Graber | Jan. 18, 2019 |
C077621
|
People v. Stinson
A trial court is allow to give to a jury a modified CALCRIM jury instruction, provided it is both a correct statement of law and supported by substantial fact. |
Criminal Law and Procedure |
|
W. Murray | Jan. 18, 2019 |
B284064
|
Pont v. Pont
Ex-spouse entitled to attorney fees and costs under the stipulated judgment's attorney fees provision because of its broad language, particularly, the phrase 'in connection therewith.' |
Civil Procedure |
|
H. Bendix | Jan. 18, 2019 |
F075035
|
People v. The North River Insurance Co.
Penal Code Section 1306(b) entitles Counties, as agents of the State of California, to seek compensation for the costs of returning a defendant like Amanda Sanchez to custody. |
Criminal Law and Procedure |
|
K. Meehan | Jan. 18, 2019 |
D073284
|
San Diegans for Open Government v. City of San Diego
Under CEQA guidelines, relevant issue in determining whether the existing facilities exemption applies is whether the project involves 'expansion of use beyond that existing at the time of the lead agency's determination.' |
Environmental Law |
|
J. Irion | Jan. 17, 2019 |
E067831
|
People v. American Surety Co.
Parties that fail to act diligently to bring a procedural defect or erroneous ruling before a trial court will cause the party to forfeit their challenge to the validity of an undertaking. |
Civil Procedure |
|
A. McKinster | Jan. 17, 2019 |
C076812
|
Modification: Prout v. Dept. of Transportation
In order to bring an inverse condemnation complaint, a petition for writ of mandate must be filed within four years of a government agency conditioning its approval of grant of an easement. |
Civil Procedure |
|
H. Hull | Jan. 17, 2019 |
17-16452
|
Yahoo! v. Nat'l Union Fire Ins. Co.
Order |
|
Jan. 17, 2019 | ||
G048762
|
People v. Marquez
Collection of defendant's DNA sample was unlawful under the Fourth Amendment because DNA not collected as part of routine booking procedure; however, later DNA evidence properly admitted under attenuation doctrine. |
Criminal Law and Procedure |
|
E. Moore | Jan. 17, 2019 |
17-72516
|
Global Linguist Solutions, LLC v. Abdulraouf Abdelmeged
Petitions for review of compensation orders arising under the Defense Base Act should be filed in the circuit where the relevant district director is located. |
Workers' Compensation |
|
R. Gould | Jan. 17, 2019 |
F077220
|
State Department of State Hospitals v. J.W.
Sexually Violent Predators Act provides the court with discretionary authority to involuntarily medicate an incompetent person placed with the State Hospital pre-commitment; thus, trial court's order affirmed. |
Government |
|
B. Hill | Jan. 17, 2019 |
B281758
|
Smith v. Szeyller
Probate court had discretion to order attorney fees and expert fees from trust assets under the substantial benefit doctrine because record supported the finding that the litigation substantially benefited all beneficiaries. |
probate_and_trusts |
|
S. Perren | Jan. 17, 2019 |
17-5554
|
Stokeling v. United States
A robbery offense that has as an element the use of force sufficient to overcome a victim's resistance qualifies as 'physical force' within the meaning of the Armed Career Criminal Act. |
Criminal Law and Procedure |
|
C. Thomas | Jan. 16, 2019 |
17-340
|
New Prime Inc. v. Oliveira
A court should decide whether the Federal Arbitration Act's Section 1 "contracts of employment" exclusion applies before invoking the statutory powers of the Act to stay litigation and compel arbitration. |
Arbitration |
|
N. Gorsuch | Jan. 16, 2019 |
A145037
|
People v. Landers
Public defender did not violate reciprocal discovery order; under 'Izazaga v. Superior Court' counsel did not reasonably anticipate it was likely he would call witness because he was undertaking minimal defense. |
Attorneys |
|
J. Streeter | Jan. 16, 2019 |
17-15221
|
Mendoza v. Fonseca McElroy Grinding Co.
Order |
|
Jan. 16, 2019 | ||
16-70534
|
Rayamajhi v. Whitaker
No 'de minimis' exception applies for asylum seeker who provided $50 in 'material support' to terrorist organization, in response to terrorist's threat to him and his family. |
Immigration |
|
J. Graber | Jan. 16, 2019 |