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Name Category Published
Nationwide Biweekly Administration, Inc. v. Superior Court
Right to a jury trial guaranteed where 'gist' of improper business practices suit brought by government is 'legal, thereby giving rise to a right to jury trial;' though right extends only as to liability not penalties.
Civil Procedure 1DCA/1 Jun. 14, 2018
People v. Killion
Trial court has jurisdiction to end domestic violence-based probationary period where justice demands, notwithstanding mandatory nature of that probation period at time of sentencing.
Criminal Law and Procedure 4DCA/1 Jun. 13, 2018
Stern v. U.S.
Order
USSC Jun. 13, 2018
Sealed Appellant v. Sealed Appellee
Order
USSC Jun. 13, 2018
Dowell v. U.S.
Order
USSC Jun. 13, 2018
Armstead v. U.S.
Order
USSC Jun. 13, 2018
Amended Opinion: Gomez-Sanchez v. Sessions
Blanket rule against considering mental health of individual petitioning for withholding of removal not entitled to 'Chevron' deference because Congress' intent clear that such petitions should be considered on a case-by-case basis.
Immigration 9th Jun. 13, 2018
County of Ventura v. City of Moorpark
Settlement agreement that constitutes action necessary to mitigate emergency is exempt from CEQA per statutory exemption.
Environmental Law 2DCA/6 Jun. 13, 2018
Turnbull v. Lucerne Valley Unified School Dist.
Opinion
4DCA/2 Jun. 13, 2018
Modification: In re G.B.
Modification
Juveniles 1DCA/1 Jun. 13, 2018
Husted v. A. Philip Randolph Institute
Nonvoting may be considered as one criteria (but not the sole criteria) in determining that voter has moved from state voting district and thus become ineligible.
Constitutional Law USSC Jun. 12, 2018
Vos v. City of Newport Beach
Summary judgment in favor of officers improper as based on reasonableness inquiry where deadly force used and where factual question existed as to whether man attempting 'suicide by cop' presented threat warranting such force. Affirmed on quality immunity grounds.
Constitutional Law 9th Jun. 12, 2018
U.S. v. Paul Swallow
Dangerous weapon enhancement properly applied where defendant used shoe to implied serious bodily injury on victim.
Criminal Law and Procedure 9th Jun. 12, 2018
Sveen v. Melin
Retroactive application of Minn. Stat. Section 524.2-804 (1) does not violate federal constitution’s contracts clause.
Family Law USSC Jun. 12, 2018
Patricia Campbell v. Edu-HI
Prima facie showing of Title VII discrimination suit requires adverse action that impacts 'compensation, terms, conditions, or privileges of employment,' and some evidence of better treatment tendered to those of different status.
Civil Rights 9th Jun. 12, 2018
China Agritech, Inc. v. Resh
'American Pipe' tolling standard does not protect untimely, successive class actions.
Civil Procedure USSC Jun. 12, 2018
Bain v. California Teachers Ass'n
Appeal dismissed as moot where change in plaintiffs' professional circumstances during pendency of appeal makes them unable to benefit from relief sought.
Civil Procedure 9th Jun. 12, 2018
Quintero-Cisneros v. Sessions
Assault of child in the third degree with sexual motivation under Washington law categorically matches the federal offense of sexual abuse of minor.
Immigration 9th Jun. 12, 2018
Washington v. United States
The judgment of the 9th U.S. Circuit Court of Appeals was affirmed by an equally divided Court, with Justice Anthony Kennedy not taking part in consideration of the case.
Environmental Law USSC Jun. 12, 2018
NLRB v. Ironworkers
Order
9th Jun. 11, 2018
U.S. v. Edling
Sentence vacated and remanded where Nevada convictions for robbery and felony coercion are not crimes of violence under U.S.S.G. Section 4B1.2(a).
Criminal Law and Procedure 9th Jun. 11, 2018
Modification: Marriage of Turfe
Dissolution of marriage judgment stands where court properly denies request for annulment in face of a lack of clear and convincing evidence supporting contention that wife defrauded husband.
Family Law 2DCA/3 Jun. 11, 2018
Camacho v. Target Corp.
Settlement of workers' compensation claim, and purported resolution of all claims between worker and employer, did not preclude filing of discrimination suit by employee.
Labor Law 4DCA/1 Jun. 11, 2018
People v. Garcia
Order
California Courts of Appeal Jun. 11, 2018
Smythe v. Uber Technologies Inc.
Uber driver who also drove for ride-share competitor Lyft not bound by arbitration agreement signed with company when bringing action in his capacity as a Lyft driver.
Arbitration 1DCA/3 Jun. 11, 2018
Von Becelaere Ventures, LLC v. Zenovic
Mechanics lien claimant waives right to arbitration where he does not comply with statutory requirements to maintain arbitration option.
Civil Procedure 4DCA/1 Jun. 8, 2018
In re D.B.
Minor's challenge of juvenile court's orders allegedly requiring minor's parents to pay costs of minor's legal services rejected where orders prescribe no such obligation.
Juveniles 1DCA/4 Jun. 8, 2018
In re Jenson
Penal Code Section 3051, created by Senate Bill 260 and ensuring meaningful change at parole release for youth offenders, supersedes competing section requiring application of in-prison offense terms.
Prisoners' Rights 2DCA/3 Jun. 8, 2018
Ellis v. Harrison
Petition for habeas corpus rejected because African American petitioner could not show his defense counsel's competence was affected by his racist views evidenced by declarations from his daughters.
Attorneys 9th Jun. 8, 2018
White v. Square Inc.
Order
9th Jun. 8, 2018