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Ohio v. American Express
Order
USSC Oct. 17, 2017
U.S. v. Microsoft
Order
USSC Oct. 17, 2017
Dahda v. U.S.
Order
USSC Oct. 17, 2017
Morales v. Fry
Submitting legal question of police officer's qualified immunity to jury is impermissible, resulting in vacated verdict and remand in police brutality case.
Civil Rights 9th Oct. 17, 2017
People v. Navarra
Proposition 57 does not apply retroactively to afford juvenile homicide offender sentenced to life without possibility of parole juvenile 'fitness hearing' under 'Montgomery v. Louisiana.'
Criminal Law and Procedure 5DCA Oct. 17, 2017
Airline Service Providers Association v. Los Angeles World Airports
City of Los Angeles acts as market participant in requiring airport businesses to agree to 'labor peace agreement' and is not preempted by federal labor statutes.
Labor Law 9th Oct. 17, 2017
Aspen Skiing Company v. Cherrett (In re Cherrett)
Housing loan that is key part of compensation package and that is undertaken for business purpose is non-consumer debt.
Bankruptcy 9th Oct. 17, 2017
Placerville Historic Preservation League v. Judicial Council of California (County of El Dorado)
Neighborhood group unsuccessful in challenging relocation of courthouse facilities from historic downtown to new location on outskirts of city.
Environmental Law 1DCA/2 Oct. 17, 2017
Ly v. County of Fresno
Adverse workers' compensation decisions bar correctional officers' Fair Employment Housing Act discrimination claims where both actions involve same primary rights.
Workers' Compensation 5DCA Oct. 16, 2017
Sanders v. Cullen
Defendant convicted of first-degree murders stemming from 1980 robbery unsuccessful in obtaining relief from denial of petition of writ of habeas corpus.
Prisoners' Rights 9th Oct. 16, 2017
American Cargo Express v. Superior Court
Petition for writ of mandate denied where California Self-Insurers' Security Fund is permitted to bring action 'to recover compensation' it paid.
Workers' Compensation 3DCA Oct. 16, 2017
Association for Los Angeles Deputy Sherrifs v. Superior Court (Los Angeles County Sheriff's Dept.)
Order
2DCA/8 Oct. 13, 2017
Stewart v. Superior Court (St. Joseph's Health)
In case alleging death following unnecessary pacemaker surgery, trial court errs in summarily adjudicating elder abuse cause of action.
Torts 4DCA/2 Oct. 13, 2017
Amended Opinion: Martinez v. Sessions
Where the statutory definition of finality provides no conclusive answer, a Board of Immigration Appeals order is the final administrative order for the purposes of filing a petition for review where petitioner is subject to 'conflicting and confusing ' circumstances.
Administrative Agencies 9th Oct. 13, 2017
People v. Drew
Order denying untimely Proposition 36 resentencing petition for failure to show good cause affirmed where delay is substantial and 'nature and strength' of justification for delay is inadequate.
Criminal Law and Procedure 4DCA/1 Oct. 13, 2017
Wiseman Park LLC v. Southern Glazer's Wine and Spirits LLC
Demurrer improperly sustained, where trial court erroneously concludes that California Department of Alcoholic Beverage Control has exclusive jurisdiction over commercial disputes between licensees.
Civil Procedure 2DCA/2 Oct. 13, 2017
People v. Alaniz
Motion for new trial properly denied where defendant fails to show jury misconduct stemming from its discussion of defendant's failure to testify.
Criminal Law and Procedure 2DCA/7 Oct. 12, 2017
Trump v. Int'l Refugee Assistance
Order
USSC Oct. 12, 2017
Flores v. City of Westminster
Public employees not barred from bringing federal claim for violation of right to contract although, under California law, public employment is governed by statute, not contract.
Employment Discrimination 9th Oct. 12, 2017
People v. Pettie
Gang enhancements reversed where defendant had no opportunity to cross-examine source of testimonial hearsay.
Criminal Law and Procedure 6DCA Oct. 12, 2017
Gonzalez v. Sherman
State court's alteration of presentence credits constitutes new intervening judgment allowing prisoner to file federal habeas petition that does not run afoul of AEDPA's prohibition on 'second or successive' petitions.
Criminal Law and Procedure 9th Oct. 12, 2017
CTIA-The Wireless Association v. City of Berkeley
Order
9th Oct. 12, 2017
Teixeira v. County of Alameda
County of Alameda's ordinance restricting location of gun shops does not infringe upon would-be gun shop owners' and potential customers' right to bear arms.
Constitutional Law 9th Oct. 11, 2017
U.S. v. Bonnett
An obstruction of justice enhancement may be based upon a finding of the defendant's malingering.
Criminal Law and Procedure 9th Oct. 11, 2017
Weathers v. Davis
Order
USSC Oct. 11, 2017
Longoria v. Pinal County
Officer who fatally shot driver following car chase not entitled to qualified immunity where use of deadly force was unreasonable under circumstances.
Immunity 9th Oct. 11, 2017
U.S. v. Slade
Prior conviction for second-degree assault under Washington law erroneously treated as crime of violence, warranting resentencing of felon in possession of firearm conviction.
Criminal Law and Procedure 9th Oct. 11, 2017
Nationwide Biweekly Administration Inc. v. Owen
In dispute challenging California laws regulating company's mortgage loan repayment business practices, company wins partial victory on court's erroneous 'Younger' abstention and denial of preliminary injunction.
Civil Rights 9th Oct. 11, 2017
Kirkpatrick v. Chappell
Order finding that habeas petitioner waived claims vacated where evidence fails to show that habeas petitioner did so 'knowingly, voluntarily, and intelligently.'
Prisoners' Rights 9th Oct. 11, 2017
JetSuite v. County of Los Angeles
Jets properly taxed at full value where evidence fails to show that other states 'acquired situs' over jets.
Tax 2DCA/2 Oct. 11, 2017