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Modification: Arave v. Merrill Lynch, Pierce, Fenner & Smith Inc.
Award of attorney fees to defense reversed where court fails to find claim frivolous. 		Labor Law 4DCA/2 Jan. 24, 2018
District of Columbia v. Wesby
Probable cause to arrest for unlawful entry exists where, under the totality of the circumstances, a reasonable officer would conclude a suspect knew they were on the premises without permission. 		Criminal Law and Procedure USSC Jan. 23, 2018
Artis v. District of Columbia
Tolling provision in 28 U.S.C. Section 1367(d) suspends the relevant statute of limitations period while a state claim is pending in federal court. 		Civil Procedure USSC Jan. 23, 2018
National Association of Manufacturers v. Department of Defense
Rule defining terms of Clean Water Act not within category requiring challenges to effluent limitation rules be brought in federal appellate court. 		Environmental Law USSC Jan. 23, 2018
Lloyd v. U.S.
Order 		USSC Jan. 23, 2018
Weyerhaeuser Co. v. Fish and Wildlife Service, et al.
Order 		USSC Jan. 23, 2018
People v. Huynh
Expert testimony regarding conduct of particular conduct is not subject to exclusion on hearsay grounds where such testimony is permissible background testimony. 		Criminal Law and Procedure 6DCA Jan. 23, 2018
Estate of Kerkorian
Probate court finding of good cause pursuant to an application of executor to participate in probate proceedings under Section 11704 subsumes that said participation is necessary under the Section. 		probate_and_trusts 2DCA/5 Jan. 23, 2018
Centex Homes v. St. Paul Fire and Marine Insurance Co.
Summary judgment upheld where insured fails to show triable issue of fact as to whether conflict of issue arose with counsel provided by insurer. 		Insurance 3DCA Jan. 23, 2018
U.S. v. Espinoza
Retrial necessary where court excluded evidence inculpating third-party based on incorrect standard. 		Criminal Law and Procedure 9th Jan. 23, 2018
CallerID4U v. MCI Communications Services
Absent an agreement, a competitive local exchange carrier (CLEC) may not bill an interexchange carrier for interstate access services under the Communications Act unless the CLEC has filed a FCC tariff. 		Utilities 9th Jan. 23, 2018
Amended Opinion: U.S. v. Kleinman
Defendant unsuccessful in challenging convictions relating to conspiracy to distribute marijuana arising out of purported medical marijuana collective. 		Administrative Agencies 9th Jan. 23, 2018
People v. Robbins
Court does not err in failing to instruct jury on heat of passion voluntary manslaughter where ordinary, sober person of average disposition would not have acted rashly in response to actions of victim. 		Criminal Law and Procedure 4DCA/2 Jan. 22, 2018
Jones v. Wang
Order 		9th Jan. 22, 2018
Trump v. Hawaii
Order 		USSC Jan. 22, 2018
Facebook v. Superior Court (Touchstone)
Order 		4DCA/1 Jan. 19, 2018
People v. Arevalo
Imposing a probation condition which limits certain constitutional rights is proper if reasonably necessary to both rehabilitate the probationer, and protect public safety. 		Criminal Law and Procedure 4DCA/3 Jan. 19, 2018
McMillin Albany LLC v. Superior Court
Claims arising from residential construction which seek recovery for defect damages as contemplated by the Right to Repair Act are subject to the prelitigation procedures entailed in Act. 		Torts 5DCA Jan. 19, 2018
American Civil Liberties Union v. U.S. Department of Justice
Court order requiring Department of Justice to release sections of USABook partially reversed where parts of sections contain attorney work product exempt from disclosure. 		Public Records Act 9th Jan. 19, 2018
Wishnev v. Northwestern Mutual
Order 		9th Jan. 19, 2018
California School Boards Association v. State of California
Government Code Section 17557 as applied in the Education Code does not violate state constitutional obligation to reimburse local governments for the cost of educational mandate programs. 		Government 1DCA/5 Jan. 18, 2018
Bustos v. Global P.E.T.
Court appropriately exercises discretion to deny plaintiff attorney fees even though plaintiff suffered adverse employment decision in which discrimination was a motivating factor 		Employment Law 4DCA/2 Jan. 18, 2018
People v. Mullins
Permitted access of customer to her account while using card at a bank ATM constitutes constructive possession of funds for purposes of the robbery statute. 		Criminal Law and Procedure 3DCA Jan. 18, 2018
People v. Ovieda
Community caretaker exception to warrant requirement applies where officer entered home of reportedly suicidal man to ensure safety of persons inside. 		Criminal Law and Procedure 2DCA/6 Jan. 18, 2018
Erotic Service Provider Legal Education and Research Project v. Gascon
There is no fundamental liberty interest in private, consensual sex between adults that extends to prostitution. 		Constitutional Law 9th Jan. 18, 2018
3123 SMB LLC v. Horn
Dismissal for lack of diversity jurisdiction reversed where recently-formed holding company is deemed to have its principal place of business in state where company holds its board meetings. 		Civil Procedure 9th Jan. 18, 2018
Duran v. U.S. Bank National Association
High error rate and small sample size render statistical survey supporting class certification motion unreliable, supports denial of certification. 		Employment Law 1DCA/1 Jan. 18, 2018
People v. Saldana
Court errs in admitting confession into evidence where it was obtained after defendant was taken into custody and questioned without receiving Miranda warning. 		Criminal Law and Procedure 4DCA/1 Jan. 17, 2018
City of Long Beach v. City of Los Angeles
Under the California Environmental Quality Act, an environmental impact report must analyze reasonably foreseeable indirect physical changes in the environment which may be caused by a construction project. 		Environmental Law 1DCA/3 Jan. 17, 2018
Guan v. Hu
Not error for trial court to grant relief based on breach of contract claim it had previously dismissed without leave, where claim re-pled as request for rescission. 		Contracts 2DCA/1 Jan. 17, 2018
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