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Modification: Williams v. Moulton Niguel Water Dist.
Water Districts not liable under nuisance theory for chemical causing pinhole pipe leaks where chemical's inclusion was permitted by state health agency.
Civil Procedure 4DCA/3 May 22, 2018
Epic Systems Corp. v. Lewis
Federal Arbitration Act trumps savings clause and National Labor Relations Act, requiring enforcement of arbitration agreements, including terms requiring individualized proceedings.
Arbitration USSC May 22, 2018
Upper Skagit Tribe v. Lundgren
Tribe's assertion of sovereign immunity to quiet title action erroneously rejected due to misplaced reliance on case law, which did not address scope of tribal sovereign immunity.
Native American Affairs USSC May 22, 2018
Lyle v. U.S.
Order
USSC May 22, 2018
Houston v. U.S.
Order
USSC May 22, 2018
Virginia Uranium Inc. v. Warren
Order
USSC May 22, 2018
Culbertson v. Berryhill
Order
USSC May 22, 2018
Jam v. International Finance Corp.
Order
USSC May 22, 2018
Royal v. Murphy
Order
USSC May 22, 2018
People v. Smith
Defendant fails to carry burden of persuasion in 'Batson/Wheeler' challenges despite making prima facie showing of prosecutor's race-based exclusion of Black jurors.
Criminal Law and Procedure CASC May 22, 2018
Easley v. City of Riverside
Not error for district court to sua sponte prompt briefing on qualified immunity, though defendant had indicated he would not seek such a motion.
Immunity 9th May 21, 2018
Fuqua v. Ryan
Prison inmate who brings action relating to prison's conditions under federal law exhausts administrative remedies by engaging in and completing prison's disciplinary appeal process.
Prisoners' Rights 9th May 21, 2018
In re Galaviz
Where court sees 'substantial evidence' raising reasonable doubt of chronically ill and tenuously-competent defendant's ability to stand trial, it must hold a competency hearing.
Criminal Law and Procedure 4DCA/3 May 21, 2018
People v. Kerley
Introduction of extensive evidence of domestic abuse in murder trial not violation of Evidence Code Section 352, where charged offense was 'primary focus' of prosecution.
Criminal Law and Procedure 1DCA/4 May 21, 2018
Modification: Curry v. Equilon Enterprises, LLC
Employees of entities who leased and operated gas stations owned by an oil company were not de facto employees of the oil company because there was no employer vis a vis employee relationship.
Employment Law 4DCA/2 May 21, 2018
Yeager v. Holt
Denial of motion to declare suit asserting causes of action for malpractice, breach of contract, and misappropriation of name as SLAPP suit affirmed where suit does not attack expressive activity.
Anti-SLAPP 3DCA May 18, 2018
Gonzalez v. Mathis
Order
2DCA/7 May 18, 2018
People v. Rodriguez
Juvenile sentenced to 50 years to life prior to 'Franklin' decision entitled to remand for a chance to supplement the record for his youth offender parole hearing on the 25th year of incarceration.
Constitutional Law 5DCA May 18, 2018
People v. Ruiz
Fees imposed under Penal Code Section 182 (a) on conviction for 'conspiracy' to commit crime affirmed where fees constitute punishment pursuant to Legislature's intent.
statutory_interpretation 5DCA May 18, 2018
Modification: People v. Perez
A defense attorney burdened by an 'actual' conflict of interest violates a defendant's constitutional right to effective counsel.
Criminal Law and Procedure CASC May 18, 2018
Marriage of Marshall
An innocent spouse determination by the Franchise Tax Board or the Internal Revenue Service is not binding on court; does not direct court's ruling as to determining tax liability in a couple's division of marital property.
Family Law 4DCA/3 May 18, 2018
Benaroya v. Willis
Arbitrator may not join nonsignatory of arbitration contract to arbitration proceedings absent a prior judicial ruling approving such.
Arbitration 2DCA/4 May 18, 2018
Albert v. Truck Insurance Exchange
Umbrella policy’s personal injury provision that provides coverage for ‘invasion of the right of private occupancy’ covers ‘non-physical invasions of rights in real property.’
Insurance 2DCA/7 May 17, 2018
Davis v. App. Div. of the Superior Court
If a defendant's motion seeks to suppress evidence obtained as a result of police conduct involving a series of warrantless searches and seizures, the defendant must precisely identify which of the searches or seizures he or she challenges as unlawful.
Criminal Law and Procedure 2DCA/7 May 17, 2018
Reilly v. Marin Housing Authority
In-Home Supportive Services compensation does count as income for purposes of calculating rent subsidies for tenants under Section 8 of the Housing Choice Voucher Program that HUD administers.
statutory_interpretation 1DCA/2 May 17, 2018
Modification: Castillo v. Glenair Inc.
Class Action plaintiffs who settled in an earlier wage and hour case against a staffing agency, cannot bring the identical claims against the staffing agency's client where the work was performed because they are barred by res judicata.
Civil Procedure 2DCA/2 May 17, 2018
People v. Williams
23-year-old conviction improperly admitted to prove defendant's intent in present-day murder case, where facts and defendant's motivation are meaningfully different in earlier case.
Evidence 3DCA May 17, 2018
Planned Parenthood v. Center for Medical Progress
Judgment striking anti-SLAPP motion affirmed where motion that only challenges claim’s legal sufficiency is subject to Federal Rule of Civil Procedure 12(b)(6) standard.
Anti-SLAPP 9th May 17, 2018
Dowdy v. Metropolitan Life Insurance Co.
Under ERISA, evidence must show clearly that preexisting condition was substantial cause of insured's loss before that preexisting condition can justify denial of coverage.
Insurance 9th May 17, 2018
U.S. v. Briones
No constitutional violation of 'Miller,' where resentencing judge considers mitigating 'hallmark features' of youth but nonetheless reimposes life without parole sentence.
Criminal Law and Procedure 9th May 17, 2018