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Ribakoff v. City of Long Beach
Holdings in 'White,' 'Norse' and 'Kindt' defeat the claim that time limits for speaking are a deprivation of one's First Amendment rights. 		Constitutional Law 2DCA/8 Sep. 17, 2018
People v. Arebalos-Cabrera
Trial court correctly denied motion to suppress evidence consensually obtained after traffic stop, finding questioning after stop did not amount to resumption of custody or seizure. 		Constitutional Law 4DCA/1 Sep. 17, 2018
In re Sims
When a defendant's competency is in question while a trial is ongoing, proceedings should be halted to determine whether the defendant is fit to stand trial 		Criminal Law and Procedure 4DCA/2 Sep. 17, 2018
Amended Opinion: U.S. v. Ochoa-Orogel
Conviction for unlawful re-entry under 8 U.S.C. Section 1326 reversed where prior removal proceedings were fundamentally unfair. 		Immigration 9th Sep. 17, 2018
Um v. Spokane Rock
11 U.S.C. Section 1141(d)(3)(B) is not satisfied by mere employment in someone else's business after consummation of a Chapter 11 plan. 		Bankruptcy 9th Sep. 17, 2018
Pakootas v. Teck Cominco Metals
Under 'Calder' test, personal jurisdiction over foreign company not improper where company's toxic waste dumping into river flowing into forum state demonstrates company 'expressly aimed at the forum state.' 		Environmental Law 9th Sep. 17, 2018
Northstar Financial v. Schwab Investments
Plaintiffs' complaint reached activities of the defendants that were actionable under the securities laws, making them barred by the Securities Litigation Uniform Standards Act, regardless of the label placed on them. 		Securities 9th Sep. 17, 2018
Bartolome v. Sessions
Immigration Judge correctly found that fear of persecution from gangs in asylum petitioner's native country who perceived him to 'have money' is not a protected ground, thus there was no basis for withholding of removal. 		Immigration 9th Sep. 17, 2018
Vasquez v. Solo 1 Kustoms, Inc.
There is no private cause of action under the Automotive Repair Act; the Bureau of Automotive Repair has the authority to investigate complaints and pursue penalties and remedies. 		Administrative Agencies 2DCA/8 Sep. 14, 2018
People v. Superior Court (Vasquez)
A trial court correctly granted a motion to dismiss since it was the proper remedy given Fourteenth Amendment due process rights violations to a timely trial where a defendant waited 17 years for a trial under the Sexually Violent Predator Act. 		Constitutional Law 2DCA/7 Sep. 14, 2018
Conservatorship of M.B.
There was sufficient evidence that Minor was 'gravely disabled' under the Welfare and Institutions Code Section 5008(h)(1)(A) because she suffered from a major depressive disorder, experienced auditory hallucinations, and sometimes felt suicidal. 		Juveniles 1DCA/5 Sep. 14, 2018
Modification: People v. Spencer
No reversible error found in a 'Miranda' challenge, where the suspect was interviewed by two different officers about two different crimes, since officers were not required to readvise him of his Miranda rights. 		Criminal Law and Procedure CASC Sep. 14, 2018
U.S. v. Franklin
Washington's drug trafficking law is not categorically a 'serious drug offense' under the Armed Career Criminal Act, as Washington's accomplice liability statute renders it broader than similar federal ACCA laws. 		Criminal Law and Procedure 9th Sep. 14, 2018
Hoard v. Hartman
District court's jury instruction was plainly erroneous, where it instructed jury that to succeed on his excessive force claim, an inmate needed to prove a prison guard acted maliciously and sadistically for the purpose of causing harm, when the Eighth Amendment has no such requirement. 		Constitutional Law 9th Sep. 14, 2018
BNSF v. CDTFA
Senate Bill 84 was preempted by federal statute because it targeted the railroad industry and the Hazardous Materials Transportation Act did not protect from preemption because the fees were not fair. 		Constitutional Law 9th Sep. 14, 2018
Campbell v. City of Los Angeles
Where motion to decertify collective FLSA suit considered at summary judgment stage of litigation, proper standard of review as to whether plaintiffs are 'similarly situated' is, essentially, summary judgment standard. 		Labor Law 9th Sep. 14, 2018
U.S. v. Lynch
The 'safety valve' of 18. U.S.C. Section 3553(f) is a narrow exception that cannot be applied to 'leader or organizer' of offense involving five or more participants. 		Criminal Law and Procedure 9th Sep. 14, 2018
Takhar v. People ex rel. Feather River Air Quality Management Dist.
District's investigation of alleged violations of air pollution control laws, issuance of a notice of violation, and offer of settlement was protected petitioning activity in the context of an anti-SLAPP motion. 		Anti-SLAPP 3DCA Sep. 13, 2018
DNC v. Reagan
Under the First and Fourteenth Amendments, Arizona's House Bill 2023 only imposed a small burden on voters and thus, the state's justification to prevent absentee voter fraud was adequate. 		Constitutional Law 9th Sep. 13, 2018
U.S. v. Blackstone
District Court correctly denied an inmate's motion to set aside or vacate his sentence because it was time barred, and the Supreme Court decision in *Johnson* does not clearly extend to sentences imposed under advisory federal sentencing guidelines. 		Criminal Law and Procedure 9th Sep. 13, 2018
Amended Opinion: EEOC v. BNSF
Requiring job applicant to obtain and provide MRI examination as condition of employment violates Americans with Disabilities Act by discriminating on basis of perceived disability. 		Disability Discrimination 9th Sep. 13, 2018
Bohmker v. State of Oregon
District court properly granted summary judgment where the mining restrictions set forth in a state bill were not preempted by federal law. 		Environmental Law 9th Sep. 13, 2018
Amended Opinion: Villavicencio v. Sessions
A non-citizen may not be deported under 8 U.S.C. Section 1227 for a state criminal violation if such violation is not a categorical match to the corresponding federal offense. 		Immigration 9th Sep. 12, 2018
Martinez v. Cate
Detective's statements suggesting petitioner might not be booked if he talked after petitioner invoked his right to counsel constituted interrogation. 		Criminal Law and Procedure 9th Sep. 12, 2018
Americans for Prosperity Foundation v. Becerra
State's collecting information of tax-exempt charitable organizations' largest donors does not violate First Amendment right to free association, where government interest in deterring fraud is high, and no 'significant risk' disclosed information will become public. 		Constitutional Law 9th Sep. 12, 2018
Amended Opinion: U.S. ex rel. Silingo v. Wellpoint
Dismissal of reverse false claim affirmed were appellant fails to defend claim in response to motion to dismiss. 		Health Care 9th Sep. 12, 2018
People v. Hubbard
A recall of a sentence under Proposition 36 must be treated the same as a recall of sentence under Prop 47; thus, when a case is remanded for resentencing by an appellate court, the trial court is entitled to consider the entire sentencing scheme. 		Criminal Law and Procedure 3DCA Sep. 12, 2018
In re E.H.
Agency's lack of notice of the information provided by child's mother is not harmless error when terminating parental rights per the Child Welfare Act, where Agency failed to provide notice to Tribe that child had Native American heritage. 		Juveniles 4DCA/1 Sep. 11, 2018
Villanueva v. Fidelity National Title Company
Plaintiffs' class action was barred by Insurance Code Section 12414.26 because its theories related to ratemaking; thus Insurance Commissioner has exclusive original jurisdiction over Plaintiffs' claims. 		Insurance 6DCA Sep. 11, 2018
Brady v. Bayer Corp.
A demurrer was erroneously granted where a product's brand name advertised dosage of one tablet a day, but fine print on the back indicated dosage was two per day. 		Consumer Law 4DCA/3 Sep. 11, 2018
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