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Galilea v. AGSC Marine Insurance Co.
Montana law is not preserved from preemption under federal maritime law and, thus, the Federal Arbitration Act applies to a maritime insurance contract. 		Maritime Law 9th Jan. 17, 2018
U.S. v. Brown
Judgment vacated and remanded where court errs in determining that state conspiracy statute categorically matches federal statute. 		Criminal Law and Procedure 9th Jan. 17, 2018
People v. Zabala
Where statutory amendment eliminates basis for sentencing enhancement, enhancement vacated. 		Criminal Law and Procedure 6DCA Jan. 16, 2018
People v. Almeda
Trial court that admits informant testimony about confessions of defendant does not err where informant did not act under government direction pursuant to preexisting agreement. 		Criminal Law and Procedure 3DCA Jan. 16, 2018
Martinez v. Deptartment of Health Care Services
Noneconomic damages may not exceed the maximum under MICRA where medical and noneconomic costs in a medical malpractice tort settlement are not allocated. 		Torts 2DCA/6 Jan. 16, 2018
Heron Bay Homeowners Association v. City of San Leandro
Not abuse of discretion to award attorney fees under public interest litigation statute where plaintiffs brought suit arguably for private financial interest. 		Environmental Law 1DCA/4 Jan. 16, 2018
Golden Eagle Land Investment v. Rancho Santa Fe Association
Conduct regarding an issue of public interest when participating in the government entitlement process affecting property is an act in furtherance of the right to free speech under the anti SLAPP statute. 		Anti-SLAPP 4DCA/1 Jan. 16, 2018
Cook v. Harding
Court wrongfully abstains under Younger v. Harris where plaintiff's action is neither civil enforcement proceeding nor involves state interest in enforcing the orders and judgments of its courts. 		Constitutional Law 9th Jan. 16, 2018
Duggan v. CIR
The Tax Court does not have jurisdiction to hear petition of taxpayer for review of an I.R.S. determination under Section 6330(d)(1) outside of the prescribed thirty-day deadline. 		Tax 9th Jan. 16, 2018
Amended Opinion: Poyson v. Ryan
Arizona courts do not fail to consider defendant's history of substance abuse as factor in mitigating death sentence for commission of multiple murders. 		Criminal Law and Procedure 9th Jan. 16, 2018
Patricia A. Murray Dental Corp. v. Dentsply International, Inc.
Evidence supports ruling that class of dentists were not likely to be misled by sued-over directions on medical device. 		Evidence 1DCA/4 Jan. 12, 2018
ABM Industries Overtime Cases
Abuse of discretion for trial court to exclude expert witness in time and hour class action who demonstrated experience in analyzing databases to discover timekeeping abuses. 		Labor Law 1DCA/4 Jan. 12, 2018
Modification: In re A.O.
Where most recent admitted or proved charged against minor not within certain statutory provisions, commitment to state facilities not statutorily permitted. 		Juveniles 2DCA/6 Jan. 12, 2018
Christensen v. Lightbourne
Order 		1DCA/2 Jan. 12, 2018
Melendez v. San Francisco Baseball Associates
Order 		1DCA/3 Jan. 12, 2018
Medical Acquisition Company v. Superior Court
A court has discretion in an eminent domain proceeding under CCP Section 1268.140 to impose an undertaking on a post-judgment withdrawal of a quick take provision deposit. 		Eminent Domain 4DCA/1 Jan. 12, 2018
Amended Opinion: U.S. v. Wells
Expert testimony providing profile of person likely to commit crime charged, so as to compare profile to defendant's character, is inherently prejudicial, requires reversal of murder conviction. 		Criminal Law and Procedure 9th Jan. 12, 2018
U.S. v. Depue
Court does not abuse its discretion where court dismisses juror during deliberations based on his material problem that was unrelated to the his views on case merits. 		Criminal Law and Procedure 9th Jan. 12, 2018
Central Valley Hospitalists v. Dignity Health
A defendant must show that a complaint alleges acts arising from privileged activities in order to challenge a cause of action pursuant to an anti-SLAPP motion. 		Anti-SLAPP 1DCA/2 Jan. 11, 2018
Fong v. East West Bank
Summary judgment reversed where no rule prevents depositor from bringing conversion claim against his or her bank. 		Banking 1DCA/2 Jan. 11, 2018
In re Jonathan V.
Where People notice juvenile counsel of intent to request two-year restraining order for first time at trial setting conference, order may not at that time issue, for want adequate of notice and hearing. 		Juveniles 2DCA/7 Jan. 11, 2018
U.S. v. Hulen
Revocation of supervised release based on probationer admissions affirmed where revocation proceeding is not criminal case for purposes of Fifth Amendment right against self-incrimination. 		Criminal Law and Procedure 9th Jan. 11, 2018
Kristensen v. Credit Payment Services Inc.
Defendants not vicariously liable under ratification theory where party who violated Telephone Consumer Protection Act is not agent of defendant and did not purport to be agent. 		Consumer Law 9th Jan. 11, 2018
Friends of Animals v. U.S. Fish and Wildlife Service
Taking migratory birds for scientific purposes pursuant to the Migratory Bird Treaty Act without regard to same-species theory is consistent with the Act's implementation of the Mexico Convention. 		Animal Law 9th Jan. 11, 2018
Gomez-Velazco v. Sessions
Prejudice is not presumed when a non-citizen is able to consult with counsel prior to execution of a Section 1228(b) removal order, after being denied the right to counsel during an initial DHS interaction. 		Immigration 9th Jan. 11, 2018
In re Robinson
Civil detainees not entitled to return of confiscated contraband, particular where it is confiscated for safety concerns. 		Prisoners' Rights 5DCA Jan. 11, 2018
Labor and Workforce Development Agency v. Superior Court
Executive communications made during the decision-making process are protected from disclosure by the deliberative process privilege under 'Times Mirror Co.' 		Public Records Act 3DCA Jan. 10, 2018
Rasmussen v. Lazarus
Plea in abatement that wrongful death suit, brought prior to murder conviction, was premature is waived when not brought in initial answer. 		Civil Procedure 2DCA/8 Jan. 10, 2018
Alameda County Deputy Sheriff's Association v. Alameda County Employees Retirement Association
The Public Employee Pension Reform Act of 2013 potentially impacted 'legacy member' employees whose pensions were governed by the County Employees Retirement Law of 1937. 		Employment Law 1DCA/4 Jan. 10, 2018
Clews Land & Livestock, LLC v. City of San Diego
Plaintiffs challenging city approval of development project fail to exhaust administrative remedies where plaintiffs fail to appeal environmental determination of officer to city council. 		Municipal Law 4DCA/1 Jan. 10, 2018
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