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Allen v. Milas
No avenue for review of a consular officer's adjudication of a visa on the merits, under the doctrine of nonreviewability.
Immigration 9th Jul. 25, 2018
Young v. State of Hawaii
Terms of Second Amendment indicate constitutional protection of right to 'bear' arms in public; Hawaii law strictly limiting right to open carry violates 'core of the Second Amendment.'
Constitutional Law 9th Jul. 25, 2018
Segalman v. Southwest Airlines
District court did not err in concluding that the Air Carrier Access Act of 1986 does not imply a private cause of action.
Disability Discrimination 9th Jul. 24, 2018
U.S. v. Sleugh
No presumption of public access under the First Amendment that attaches to Federal Rule 17(c) subpoena applications and their supporting documents.
Constitutional Law 9th Jul. 24, 2018
Martinez-Cedillo v. Sessions
Petition for review denied where Board of Immigration Appeals’ reasonable interpretation is entitled to deference under ‘Chevron v. Natural Resources Defense Council.’
Immigration 9th Jul. 24, 2018
Lafferty v. Wells Fargo Bank, N.A.
Regulation limiting recovery by consumer to amount paid under installment contract does not prevent court from awarding costs and prejudgment interest where statutes provide that such awards be allowed 'in any action.'
Contracts 3DCA Jul. 23, 2018
Conservatorship of S.A.
Judgment affirmed where medical records are admissible under business record exception to hearsay.
Civil Procedure 2DCA/6 Jul. 23, 2018
People v. Murdock
A trial court erroneously denied an inmate's motion for a trial where inmate was already serving time in county jail on a different charge and different county, thereby violating the inmate's due process rights.
Constitutional Law 2DCA/6 Jul. 23, 2018
People v. Booth
Judgment affirmed where court correctly concludes that it has ‘no discretion other than to impose’ indeterminate sentence.
Criminal Law and Procedure 4DCA/3 Jul. 23, 2018
Time Warner Cable Inc. v. County of Los Angeles
A trial court properly found that an Assessor's valuation was not supported by substantial evidence, where the Assessor erred in taxing the entire percentage of the company's revenue instead of just taxing the possessory interests.
Tax 2DCA/1 Jul. 23, 2018
U.S. v. Robertson
Judgment affirmed where jury instruction that is consistent with elements of statutory offense and language of convicting statute does not misstate law.
Criminal Law and Procedure 9th Jul. 23, 2018
U.S. v. USDC-Oregon
'No new circumstances' warrant second mandamus petition after previous petition denied by this court, per 'Bauman,' in climate change suit against government.
Civil Procedure 9th Jul. 23, 2018
Amended Opinion: Solorio v. Muniz
Request to file second or successive federal habeas corpus petition to advance claim that state suppressed exculpatory evidence denied where applicant fails to exercise due diligence to discover claim's underlying facts.
Criminal Law and Procedure 9th Jul. 23, 2018
Franchise Tax Bd. Limited Liability Corp. Tax Refund Cases
Typicality is established where plaintiffs seeking class treatment allege that they were subjected to same conduct and suffered the same injury as every potential class member.
Civil Procedure 1DCA/4 Jul. 20, 2018
People v. Woodruff
Death sentence reversed where trial court granted a prosecutor's challenge to exclude a prospective juror for cause based solely on juror's written questionnaire responses indicating an uncertainty as to the 'purpose' of the death penalty.
Constitutional Law CASC Jul. 20, 2018
Sanchez v. Sessions
Order
9th Jul. 20, 2018
U.S. v. Barnes
Removing handgun from home for fear unsupervised toddlers therein might find and handle it does not amount to necessity defense against charge of being a felon in possession of a firearm.
Criminal Law and Procedure 9th Jul. 20, 2018
Ross v. Williams
Judgment affirmed where facts in order attached to untimely amended habeas petition are not clearly incorporated for purposes of relating petition back to original, timely petition and petitioner fails to comply with Habeas Rule 2(c).
Criminal Law and Procedure 9th Jul. 20, 2018
Amended Opinion: Glazing Health & Welfare Fund v. Lamek
Unpaid contributions to employee benefit funds are not plan assets; employers contractually committed to make such payments are not fiduciaries under ERISA.
probate_and_trusts 9th Jul. 20, 2018
Navarro v. Encino Motorcars
Order
9th Jul. 20, 2018
Y.H. v. M.H.
Family Code Section 4504(b) permits 'retroactive child support credit from [a] lump-sum payment where there is no child support arrearage.'
Family Law 4DCA/1 Jul. 19, 2018
Weinstein v. Blumberg
A trial court erred when it granted discovery sanctions against a party when the moving party didn't file the supporting papers upon which they were basing their motion within statutory deadline.
Civil Procedure 2DCA/1 Jul. 19, 2018
People v. Koback
Instrument, like car key swung at victim's torso after defendant warned he would gravely harm victim, may be viewed as 'deadly weapon' by jury if 'used in such a manner as to be capable' of producing great injury.
Criminal Law and Procedure 4DCA/2 Jul. 19, 2018
Rodriguez v. Taco Bell
Judgment affirmed where restaurant that gives employees option to purchase discounted meals on meal break, if those employees eat in restaurant, relieves employees of duty and relinquishes control over employees’ activities.
Employment Law 9th Jul. 19, 2018
Willhide-Michiulis v. Mammoth Mountain Ski Area, LLC
A trial court properly granted a defendant's summary judgment motion where the injured plaintiff signed a liability waiver as part of a season pass agreement to a mountain ski area.
Torts 3DCA Jul. 19, 2018
Modification: Skidgel v. California Unemployment Ins. Appeals Bd.
In-Home Supportive Services recipient is the provider's 'sole' employer for purposes of unemployment insurance coverage.
Labor Law 1DCA/5 Jul. 18, 2018
Modification: Hipsher v. Los Angeles County Employees
Under PEPRA, reduction of retirement benefits not improper where condition subsequent, here a federal felony, occurs, but due process assurances necessary.
Government 2DCA/4 Jul. 18, 2018
Post Foods, LLC v. Superior Court
Petition for writ of mandate granted where seemingly required Proposition 65 warning is preempted by federal law.
Civil Procedure 2DCA/1 Jul. 18, 2018
Stoyas v. Toshiba Corporation
Class action plaintiffs in a securities fraud case are allowed to amend their complaint because American Depository Shares in foreign corporation are not per se securities within the meaning of the Securities and Exchange Act.
Securities 9th Jul. 18, 2018
True Health Chiropractic v. McKesson
Judgment declining class certification partially reversed where certain class claims satisfy Rule 23(b)(3)’s predominance requirement.
Consumer Law 9th Jul. 18, 2018