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REPLACEMENT COPY OF TUESDAY, AUGUST 19, 2025

Name Category Published
Trevizo v. Berryhill
Administrative law judge erroneously denies disability claimant’s application for benefits by giving ‘little credit’ to treating physician’s uncontradicted medical opinion without providing specific, legitimate reasons. 		Administrative Agencies 9th Jul. 11, 2017
Cassirer v. Thyssen-Bornemisza Collection Foundation
Relatives of German Jew forced to sell Camille Pissarro painting in 1939 successful in overturning summary judgment in favor of Spanish entity that purchased painting. 		International Law 9th Jul. 11, 2017
Ayco Farms v. Ochoa
Not abuse of discretion for trial court to conduct forum non conveniens analysis by comparing proposed foreign forum with forum where state plaintiff brought claim, rather than with United States as a whole. 		Civil Procedure 9th Jul. 11, 2017
Karczewski v. DCH Mission Valley LLC
Paraplegic plaintiff may maintain disability claim against auto dealership after it refused to install temporary vehicle hand controls on vehicle plaintiff wanted to test drive. 		Disability Discrimination 9th Jul. 11, 2017
United States v. Salish Kootenai College Inc.
Tribes are ‘sovereign states’ and are therefore not considered ‘persons’ under the False Claims Act. 		Native American Affairs 9th Jul. 11, 2017
Portland General Electric Co. v. Liberty Mutual Insurance Co.
District court’s error in deciding scope of arbitration clause results in vacated judgment and remand to allow arbitrator to settle dispute. 		Arbitration 9th Jul. 11, 2017
U.S. v. Chavez-Cuevas
Sixteen-level sentence enhancement against repeat illegal border-crosser upheld where his prior robbery conviction in California constituted categorical crime of violence. 		Criminal Law and Procedure 9th Jul. 11, 2017
Amended Opinion: Burton v. Infinity Capital Management
Attorney is not entitled to judicial immunity for preparing order to show cause for a judge on claim that order violated automatic stay provision of Bankruptcy Code. 		Bankruptcy 9th Jul. 11, 2017
In re Albert C.
Juvenile found incompetent to stand trial cannot challenge length of his detention on due process grounds based on violation of court protocol limiting detention. 		Juveniles CASC Jul. 11, 2017
Santa Ana Police Officers Association v. City of Santa Ana
Police officers may maintain suit against police department alleging violation of Public Safety Officers Association Bill of Rights Act’s investigation and interrogation requirements. 		Government California Courts of Appeal - 4th District Jul. 10, 2017
Kumari v. The Hospital Committee for the Livermore-Pleasanton Areas
In medical malpractice action, letter sent by plaintiff’s attorney stating intent to sue cannot toll statute of limitations given plaintiff’s earlier letter expressing such intent. 		Civil Procedure California Court of Appeal - 1st District Jul. 10, 2017
Partida v. U.S. Dept. of Justice (In re Partida)
Bankruptcy Code’s automatic stay provision does not prevent government from collecting criminal restitution under Mandatory Victims Restitution Act. 		Bankruptcy 9th Jul. 10, 2017
U.S. ex rel. Campie v. Gilead Sciences Inc.
Former Gilead employees may proceed with False Claims Act lawsuit against pharmaceutical company involving its HIV drug production. 		Government 9th Jul. 10, 2017
Menefield v. Board of Parole Hearings
Life inmate unsuccessfully challenges regulation allowing parole board to consider ‘serious misconduct in prison or jail’ in determining suitability for parole. 		Criminal Law and Procedure California Courts of Appeal - 3rd District Jul. 10, 2017
Marketquest Group Inc. v. BIC Corp.
Summary judgment improperly granted to defendant in trademark action, where plaintiff adequately pleads cause of action for trademark infringement under reverse confusion theory of likely confusion. 		Intellectual Property 9th Jul. 10, 2017
Espejo v. The Copley Press Inc.
In dispute over classification of newspaper delivery carriers, newspaper largely unsuccessful in challenging judgment in plaintiffs’ favor but successfully challenges class award, attorney fees and prejudgment interest. 		Labor Law California Court of Appeal - 4th District Jul. 10, 2017
Grant v. Swarthout
Federal habeas petitioner is not ineligible for equitable tolling where petitioner files late but within AEDPA statute of limitations period. 		Prisoners' Rights 9th Jul. 10, 2017
In re Taitano
Under specific circumstances of defendant’s case, Penal Code Section 1368 does not authorize trial court to hold new hearing on defendant’s mental competence. 		Criminal Law and Procedure California Courts of Appeal - 1st District Jul. 7, 2017
U.S. v. Ochoa
Illegal reentry conviction overturned where underlying removal was based on prior conviction that did not categorically qualify as predicate offense. 		Criminal Law and Procedure 9th Jul. 7, 2017
Padilla-Ramirez v. Bible
Alien detained subject to removal orders not entitled to bond hearing typically available to those detained ‘pending decision on removal,’ and despite ongoing withholding only proceedings. 		Immigration 9th Jul. 7, 2017
Visciotti v. Martel
Regardless of whether petitioner's ineffective assistance of counsel claim are meritorious, Supreme Court's prior decision in case at hand precludes relief. 		Criminal Law and Procedure 9th Jul. 7, 2017
Lynch v. California Coastal Commission
Homeowners forfeit right to challenge coastal development permit’s conditions by accepting permit and rebuilding damaged seawall. 		Real Property CASC Jul. 7, 2017
Petitpas v. Ford Motor Co.
Plaintiffs unsuccessful in challenging defense verdicts and rulings in case alleging mesothelioma resulting from asbestos exposure. 		Torts California Courts of Appeal Jul. 7, 2017
U.S. v. Padilla-Diaz
Defendants’ motion to reduce sentences properly denied pursuant to Sentencing Commission’s Policy Statement where policy neither conflicted with Commission’s purpose nor violated equal protection. 		Criminal Law and Procedure 9th Jul. 6, 2017
Seneca Insurance Co. Inc. v. Strange Land Inc.
Application of ‘Colorado River’ abstention inappropriate where insurance dispute was not ‘exceptional’ to warrant disregarding federal court’s ‘virtually unflagging obligation’ to exercise its jurisdiction. 		Civil Procedure 9th Jul. 6, 2017
Demetris v. Transport Workers Union of America, AFL-CIO
Labor union's decision to distribute proceeds of bankruptcy settlement to all of its members unevenly does not violate duty of fair representation. 		Labor Law 9th Jul. 6, 2017
Flores v. Sessions
Ninth Circuit upholds bond hearing requirement for unaccompanied minors, rejecting government claim that statutes invalidate key provision of consent decree. 		Immigration 9th Jul. 6, 2017
McKeen-Chaplin v. Provident Savings Bank
FLSA administrative exemption inapplicable where underwriters' primary duties are classified as production work rather than administrative work. 		Labor Law 9th Jul. 6, 2017
Petrocelli v. Baker
Death sentence reversed in case where admission of psychiatric testimony during penalty phase violated defendant’s constitutional rights under ‘Estelle v. Smith.’ 		Criminal Law and Procedure 9th Jul. 6, 2017
People v. Resendez
Gang enhancement properly imposed where defendant’s own character witnesses provided direct evidence of connection between gang and subsets that ‘Prunty’ required. 		Criminal Law and Procedure California Courts of Appeal - 2nd District Jul. 5, 2017
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