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Metropolitan Water District v. Winograd
A trial court properly set aside a hearing officer's decision where the his decision granted relief on an issue that was not yet ripe.
Government 2DCA/2 Jun. 25, 2018
Modification: Mateel Environmental v. Office of Environmental Health
Agency's use of OSHA standard as safe harbor lead standard not improper where decision not 'arbitrary and capricious.'
Environmental Law 1DCA/2 Jun. 25, 2018
South Dakota v. Wayfair Inc.
'Quill' precedent, requiring 'physical presence' of taxed entity within taxing state to satisfy 'substantial nexus' prong of Commerce Clause test, is overruled as unsound and incorrect.
Constitutional Law USSC Jun. 22, 2018
Pereira v. Sessions
Putative notice to appear that fails to designate a specific time or place of a noncitizen's removal proceedings is not a 'notice to appear' pursuant to 8 U.S.C. Section 1229 and, thus, does not trigger the stop-time rule that halts noncitizens' accrual of sufficient time in county to defeat removal action.
Immigration USSC Jun. 22, 2018
Lucia v. SEC
SEC administrative law judges, wielding 'significant authority' and discretion, are 'Officers of the United States' subject to the appointment clause.
Constitutional Law USSC Jun. 22, 2018
Wisconsin Central Ltd. v. U.S.
Employee stock options are not taxable 'money remuneration' under Railroad Retirement Tax Act of 1937.
statutory_interpretation USSC Jun. 22, 2018
People v. Cortez
A trial court did not err when it failed to instruct the jury on lesser included offenses because 'substantial evidence was lacking to support an instruction on either allegedly lesser target offense.'
Criminal Law and Procedure 4DCA/2 Jun. 22, 2018
Shame On You Productions v. Banks
District court has discretion to award full costs and fees in a copyright action' pursuant to 17 U.S.C. Section 505
Attorneys 9th Jun. 22, 2018
People v. Farwell
A waiver of three important federal rights cannot be presumed from a silent record, where a trial court failed to advise a defendant of the constitutional implications and legal consequences of his stipulation.
Criminal Law and Procedure CASC Jun. 22, 2018
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 Jun. 22, 2018
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 Jun. 21, 2018
American Indian Health v. Kent
State Department of Health Care Services not shielded by sovereign immunity as to mandamus suit over healthcare coverage denials.
Health Care 3DCA Jun. 21, 2018
In re: Sorensen
Order prohibiting pawnbroker from disposing chapter 13 debtor’s pawned property affirmed where pawnbroker’s violation of automatic stay renders redemption notice void and pledger retains redemption rights.
Bankruptcy BAP Jun. 21, 2018
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 Jun. 21, 2018
Nu Image Inc. v. International Alliance of Theatrical Stage Employees
A district court properly held that it lacked subject matter jurisdiction where an employer sought to invalidate part of a collective bargaining agreement but didn't claim a violation of the CBA
Labor Law 9th Jun. 21, 2018
In re Williams
Habeas petitioner who was granted parole under Penal Code Section 3051 and later not released and instead required to serve consecutive term for in-prison offense committed when he was 26 is entitled to relief.
Criminal Law and Procedure 2DCA/7 Jun. 21, 2018
Modification: Reid v. City of San Diego
Demurrer granted on statute of limitations grounds affirmed where limitations period, which provides a reasonable time to bring action, is consistent with due process.
Civil Procedure 4DCA/1 Jun. 21, 2018
Michele Coyle v. Historic Mission Inn Corporation
A trial court erred when it ruled that a restaurant had no duty to use reasonable care because, under 'Kesner', premises liability duty "is adherence to the same standard of care that applies in negligence cases."
Torts 4DCA/2 Jun. 20, 2018
In re E.A.
Dismissal of dependency petitions reversed where dismissal exposes minors at issue to substantial risk of being returned to deplorable conditions that triggered proceedings.
Juveniles 4DCA/1 Jun. 20, 2018
People v. Orozco
Prop 47 petition properly rejected where supportive evidence not proffered, but petitioner entitled to new hearing after Supreme Court clarifies necessary evidence and relevant burden of proof.
Criminal Law and Procedure 4DCA/1 Jun. 20, 2018
Newland v. County of Los Angeles
Vehicle use exception to 'going and coming' rule is inapplicable where employer does not require employee to bring personal vehicle to work, and does not benefit from employee's trip with personal vehicle.
Employment Law 2DCA/5 Jun. 20, 2018
People v. Dawkins
When a crime is committed on a train that travels through multiple counties, venue is proper in any competent court in the jurisdictional territory over which the train passes.
Criminal Law and Procedure 1DCA/1 Jun. 20, 2018
Shorts v. Superior Court
A trial court's refusal to grant a preservation of records motion to a death row inmate was erroneous where the inmate is entitled to preserve some records pending his habeas corpus counsel appointment.
Criminal Law and Procedure 2DCA/7 Jun. 20, 2018
Templo v. State of California
Grant of judgment on the pleadings affirmed where defendant is improper defendant in action.
Civil Procedure 1DCA/3 Jun. 20, 2018
ASARCO v. United Steel
Party that submits to arbitration and takes no appreciable action to suggest arbitrator's jurisdiction is improper prior to arbitration decision cedes ability to challenge such jurisdiction.
Labor Law 9th Jun. 20, 2018
In re D.A.
Sufficient evidence supports 'corpus delecti' where prosecutor offered testimonial evidence of victim's injury.
Juveniles 2DCA/6 Jun. 20, 2018
Lozman v. City of Riviera Beach, Florida
Existence of probable cause doesn't proscribe a plaintiff's First Amendment retaliation claim where City Council arrests outspoken detractor.
Constitutional Law USSC Jun. 19, 2018
U.S. v. Espino
Even though a verdict form submitted to a jury is defective, the error is harmless where it doesn't affect a defendant's substantial rights.
Criminal Law and Procedure 9th Jun. 19, 2018
In re Cowan
Inadvertently omitting a fact at voir dire did not amount to prejudicial jury misconduct where the juror was not biased against habeas corpus petitioner
Criminal Law and Procedure CASC Jun. 19, 2018
Benisek v. Lamone
Denial of gerrymandering-related preliminary injunction proper where issued in 'fluctuating legal environment' and where plaintiffs waited several years to seek relief.
Constitutional Law USSC Jun. 19, 2018