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People v. Rodriguez
Defendant did not have a full possessory interest in rented hotel room, and thus there was sufficient evidence to support conviction for burglary when a felony was committed inside room.
Criminal Law and Procedure 4DCA/1 Aug. 10, 2018
LAOSD Asbestos Cases
Court abused its discretion by denying all costs requested by the prevailing party in a strict product liability claim, where the plaintiff's inability to pay was considered by the court.
Civil Procedure 2DCA/4 Aug. 10, 2018
League of United Latin American Citizens v. Wheeler
EPA must follow Federal Food, Drug, and Cosmetic Act's standard that pesticides must meet health safety standard such that there is 'reasonable certainty that no harm will result' from aggregate exposure to pesticide.
Environmental Law 9th Aug. 10, 2018
Clark v. City of Seattle
Rideshare drivers' claim under Section 8(e) of the National Labor Relations Act was unripe because the 'injury in fact' was neither actual nor imminent due to the absence of a current contract.
Labor Law 9th Aug. 10, 2018
Anaya Arce v. U.S.
Where DHS action removing noncitizen violated a court order staying removal order, DHS action falls outside reach of jurisdiction-stripping statute.
Immigration 9th Aug. 10, 2018
Modification: People v. Ghobrial
A judgment of death was affirmed,a s court has wide discretion when determining whether certain evidence requires determination that defendant is incompetent to stand trial.
Criminal Law and Procedure CASC Aug. 10, 2018
U.S. v. Depue
Order
9th Aug. 9, 2018
Fritsch v. Swift Transportation
Potential future attorney fees award may be rightly considered by federal court weighing CAFA $5 million amount-in-controversy threshold.
Labor Law 9th Aug. 9, 2018
Alvarez-Cerriteno v. Sessions
Nevada's child neglect statute makes criminal more conduct than does the federal Immigration and Nationality Act's generic 'crime of child abuse;' thus petitioner's conviction does not qualify as a predicate offense under the categorical approach.
Immigration 9th Aug. 9, 2018
U.S. v. Fomichev
'Sham marriage' exception improperly invoked to deny defendant's suppression motion based on marital communications privilege, where government placed wire on wife of suspected immigration fraudster.
Evidence 9th Aug. 9, 2018
DeHoog v. Anheuser-Busch
Where party to merger is required to divest entirely its interest in relevant market, plaintiffs fail to make prima facie Clayton Act showing that merger 'substantially lessens competition.'
Antitrust 9th Aug. 9, 2018
Nicusor-Remus v. Sessions
Even 'brief departure' across border constitutes execution of removal order; subsequent removal order needed before appellate court can exercise jurisdiction over Visa Waiver Program participant's asylum denial may be reviewed.
Immigration 9th Aug. 9, 2018
Blech v. Blech
Probate court erred by deeming gift a specific gift instead of a residuary gift, but overall treatment in settling estate was proper.
probate_and_trusts 2DCA/3 Aug. 8, 2018
Gold Medal LLC v. USA Track & Field
Olympic Committee entitled to implied antitrust immunity under the Ted Stevens Olympic & Amateur Sports Act, on the ground that advertising restrictions were essential to performance of its duties.
Antitrust 9th Aug. 8, 2018
Rodriguez v. Swartz
Fourth Amendment prohibitions against unreasonable seizure apply to border patrol officer employing deadly force from U.S. side of southern border to kill peaceful individual on Mexican side.
Constitutional Law 9th Aug. 8, 2018
Altera Corp. & Subsidiaries v. Commissioner of Internal Revenue
Order
9th Aug. 8, 2018
People v. Piper
People's burden of proof in Prop 36 resentencing context remains beyond a reasonable doubt; court may not make evidentiary findings contrary to jury's verdict in offense at issue.
Criminal Law and Procedure 2DCA/4 Aug. 8, 2018
Lacagnina v. Comprehend Systems, Inc.
An 'at will' provision in an employment contract does not mean an employer can avoid tort liability for fraudulent inducement of contract based on the contract's inclusion of said provision.
Employment Law 1DCA/4 Aug. 7, 2018
Anselmo v. Grossmont-Cuyamaca Com. College Dist.
Field trip immunity does not preclude liability of school district hosting intercollegiate sporting event.
Torts 4DCA/1 Aug. 7, 2018
People v. Stevenson
Not improper to give 'natural and probable consequences' instruction in first degree murder case, where additional instruction ensures jury must find defendant acted 'willfully, deliberately, and with premeditation' before being convicted of first degree murder.
Criminal Law and Procedure 1DCA/3 Aug. 7, 2018
Modification: Littlejohn v. Costco Wholesale Corp.
Trial court properly sustained defendants' demurrer where consumer sought reimbursement of taxes from the Board of Equalization as to sales tax on an alleged food item.
Consumer Law 1DCA/3 Aug. 7, 2018
Henry v. Spearman
California prisoner has standing to bring vagueness challenge to second-degree-felony-murder rule based on residual clause of 'Johnson v. U.S.'
Constitutional Law 9th Aug. 7, 2018
U.S. v. Nature
Per regulatory language, 'dangerous drinking' prohibition applies to administrative site bordering Yosemite National Park.
Criminal Law and Procedure 9th Aug. 7, 2018
Arandell Corp. v. Centerpoint Energy Services, Inc.
Under the 'Copperweld doctrine' a wholly owned subsidiary that engages in a conspiracy in furtherance of an anti-competitive purpose could sustain liability under the Sherman Act, where collusion existed with parties outside that corporate relationship.
Antitrust 9th Aug. 7, 2018
Ameded Opinion: Stevens v. Corelogic
Grant of summary judgment affirmed where plaintiffs fail to show that defendant had mental state required by 17 U.S.C. Section 1202(b).
Copyright 9th Aug. 7, 2018
Restore Hetch Hetchy v. City and County of San Francisco
Savings clause does not prevent federal preemption to ensure continued used of Hetch Hetchy Valley as reservoir, where Congress' intent was clear as to that purpose.
Environmental Law 5DCA Aug. 6, 2018
People v. Webb
A trial court did not err when it instructed the jury with CALCRIM 548 on the facts of this particular case, but even if it did, the alleged ambiguity error was harmless beyond a reasonable doubt.
Criminal Law and Procedure 4DCA/1 Aug. 6, 2018
Honeycutt v. JPMorgan Chase Bank, N.A.
Arbitrator's failure to disclose numerous matters with one of the parties' during the pendency of an arbitration requires reversal.
Arbitration 2DCA/7 Aug. 6, 2018
Jones v. Sorenson
'Gardener' differs from 'nurseryperson' under Business and Professions Code section; where gardener did not possess required contractor's license to perform certain work, hired help may sue contractor's employer via respondeat superior theory.
Torts 3DCA Aug. 6, 2018
Gallinger v. Becerra
Statute eliminating school zone firearm carry exemption for permitted concealed carriers but not former peace officers survives rational basis review.
Constitutional Law 9th Aug. 6, 2018