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Name Category Published
Rybolt v. Riley
Renewal of restraining order proper based on reasonable fears arising from original acts of serious abuse, plus violations of original order. 		Family Law 3DCA Feb. 28, 2018
Avila v. Southern California Specialty Care, Inc.
A claimant alleging wrongful death due to neglect under the Elder Abuse Act is not subject to arbitration requirements under MICRA 		Arbitration 4DCA/1 Feb. 28, 2018
Patchak v. Zinke
Congress does not violate Article III of U.S. Constitution where congress enacts jurisdiction-stripping statute that changes law while lawsuit is pending in federal court. 		Constitutional Law USSC Feb. 28, 2018
Jennings v. Rodriguez
Canon of constitutional avoidance misapplied by appellate court because appellate court's construal inferring detention limitation in immigration statutes was not plausible. 		Constitutional Law USSC Feb. 28, 2018
Merit Management Group, LP v. FTI Consulting, Inc.
A transfer made by an intermediary does not implicate the Bankruptcy Code's securities safe harbor exception when that transfer is not the transaction a trustee seeks to avoid 		Bankruptcy USSC Feb. 28, 2018
Local Joint Executive Board v. National Labor Relations Board
The National Labor Relations Board does not have discretion to depart from ordering a standard remedy without supplying a rational explanation 		Labor Law 9th Feb. 28, 2018
Rentmeester v. Nike
No copyright infringement where two photographs are not substantially similar according to photographs’ different objective details. 		Copyright 9th Feb. 28, 2018
Diamond v. Hogan Lovells US
Order 		9th Feb. 28, 2018
Kelsey-Hayes Co. v. International Union
Order 		USSC Feb. 27, 2018
New Prime Inc. v. Oliveira
Order 		USSC Feb. 27, 2018
Mount Lemmon Fire District v. Guido
Order 		USSC Feb. 27, 2018
Madison v. Alabama
Order 		USSC Feb. 27, 2018
People v. Contreras
'Graham's' proscription on life-without-parole for juvenile nonhomicide offenders requires reconsideration of 50+ year sentences for 16-year-olds convicted of kidnapping and rape. 		Criminal Law and Procedure 4DCA/1 Feb. 27, 2018
Duggan v. Department of Defense
Under 'Greenspan' an agency may exercise discipline over the disruptive manner in which an employee communicates protected whistleblower disclosures 		Employment Law 9th Feb. 27, 2018
Johnen v. MSPB
Judgment finding that employee’s complaint did not contribute to employer’s adverse employment actions affirmed where finding is supported by substantial evidence. 		Employment Law 9th Feb. 27, 2018
Bonivert v. City of Clarkston
Absent exigent circumstances, occupant's consent to warrantless entry of premises unreasonable under Fourth Amendment as to physically present, objecting co-occupant 		Constitutional Law 9th Feb. 27, 2018
Federal Trade Commission v. AT&T Mobility
Section 5 of Federal Trade Commission Act’s common-carrier exemption applies only to common carrier’s common-carrier services where exemption is subject to activity-based interpretation. 		statutory_interpretation 9th Feb. 27, 2018
Avila v. Southern California Specialty Care, Inc.
Opinion 		4DCA/3 Feb. 27, 2018
Hamm v. Dunn
Order 		USSC Feb. 26, 2018
In re I.F.
Age of juvenile defendant must be considered under the totality of the circumstances when determining if he is in custody. 		Juveniles 3DCA Feb. 26, 2018
Modification: Gutierrez v. Carmax Auto Superstores California
The omission of a material fact is actionable under the Consumer Legal Remedies Act where the facts actually disclosed by a defendant are misleading given the facts they concealed. 		Consumer Law 5DCA Feb. 26, 2018
Muro v. Cornerstone Staffing Solutions
Order denying motion to compel arbitration affirmed where Federal Arbitration Act is inapplicable to transportation worker employment agreement to waive class actions and applicable state law deems waiver unenforceable. 		Arbitration 4DCA/1 Feb. 26, 2018
Santomenno v. TransAmerica LIC
A third-party retirement plan manager does not owe a fiduciary duty to employees under ERISA while negotiating terms of the service agreement with the employer 		Business Law 9th Feb. 26, 2018
Patterson v. Van Arsdel
Pretrial release officer not entitled to absolute prosecutorial immunity where officer action constitutes recommendation to judge rather than act of advocacy. 		Civil Rights 9th Feb. 26, 2018
State Compensation Insurance Fund v. Workers' Compensation Appeals Board
Workplace injury does not qualify as sudden and extraordinary, for statutory purposes, because employee failed to show it was highly uncommon or unusual. 		Workers' Compensation 6DCA Feb. 26, 2018
Save Lafayette v. City of Lafayette
Judgment denying referendum reversed and remanded where referendum challenging enactment of zoning ordinance does not enact zoning inconsistent with general plan. 		Municipal Law 1DCA/4 Feb. 23, 2018
People v. Wolfe
Malice may be implied when murder defendant was subjectively aware driving under the influence of alcohol was dangerous to human life 		Criminal Law and Procedure 4DCA/3 Feb. 23, 2018
Modification: City of San Buenaventura v. United Water Conservation District
The groundwater charge authorized by Water Code Section 75522 is not a charge for a property-related service within the scope of Prop. 218. 		Government 2DCA/6 Feb. 23, 2018
People v. Marsh
No constitutional rule exists requiring uniform sanity determination in state court, nor do constitutional protections against disproportionate punishments require a sanity determination evaluating whether defendant was compelled by irresistible impulse. 		Constitutional Law 3DCA Feb. 23, 2018
In re K.R.
Juvenile court has a continuing duty to comply with notice requirements regarding a tribal heritage inquiry under the Indian Child Welfare Act 		Native American Affairs 4DCA/2 Feb. 23, 2018
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