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REPLACEMENT COPY OF TUESDAY, AUGUST 19, 2025

Name Category Published
Stueve v. Buchalter Nemer
Action filed by heirs to Alta Dena Dairy fortune improperly dismissed under five-year dismissal statute where case was 'brought to trial' within days of deadline. 		Civil Procedure Jan. 18, 2017
Safari Club International v. Rudolph
Although invasion of privacy claims arise from activity defendant took in furtherance of right to free speech, anti-SLAPP motion properly denied because plaintiffs demonstrated probability of prevailing. 		Anti-SLAPP Jan. 18, 2017
Slep-Tone Entertainment Corp v. Wired for Sound Karaoke and DJ Services LLC
Media files 'ripped' from karaoke company's CDs used in karaoke performances do not give rise to unfair competition suit under Lanham Act. 		Intellectual Property Jan. 18, 2017
Barajas-Romero v. Lynch
In considering persecution, immigration judge must apply 'a reason' standard to withholding of removal claims, not 'central reason' standard used for claims of asylum. 		Immigration Jan. 18, 2017
In re E.G.
Sentence reduction available to juveniles on probation convicted of felony wobblers despite fact that enabling statute uses language inconsistent with juvenile law. 		Juveniles Jan. 17, 2017
People v. Ochoa
Defendant's conduct sufficient to establish 'pattern of criminal gang activity' to support gang enhancement despite gang expert's alleged use of inadmissible hearsay. 		Criminal Law and Procedure Jan. 17, 2017
People v. Bastidas
Defendant on probation with imposition of sentence suspended is subject to Proposition 47's prohibition on firearms possession. 		Criminal Law and Procedure Jan. 17, 2017
People v. Pinon
Trial court errs in imposing period of parole in resentencing offender under Prop. 47, without accounting for custody credits and where resulting period exceeded remainder of his post-release community supervision. 		Criminal Law and Procedure Jan. 17, 2017
People v. Bradley
Confidential government informant is not material witness to defendant presenting entrapment defense as disclosure of informant's identity would be contrary to public interest. 		Criminal Law and Procedure Jan. 17, 2017
Dept. of Alcoholic Beverage Control v. Alcoholic Beverage Control Appeals Board (Garfield Beach CVS LLC)
Underage decoy's lack of response regarding store clerk's statement does not warrant reversal of store's license suspension for selling beer to decoy. 		Business Law Jan. 17, 2017
Schwern v. Plunkett
Following statutory amendment, Ninth Circuit now has jurisdiction to review denials of Oregon's anti-SLAPP motions. 		Anti-SLAPP Jan. 17, 2017
State of Missouri v. Harris
Possibility of fluctuating egg prices due to California hen care regulations do not give other states 'parens patriae' standing, as affected farmers may sue individually. 		Civil Procedure Jan. 17, 2017
In re Tomkow
Bankruptcy court appropriately gives issue preclusive effect to fraud claim in state court judgment even though California Court of Appeal affirms judgment on different ground. 		Bankruptcy Jan. 17, 2017
Swart Enterprises Inc. v. Franchise Tax Board
Franchise Tax Board erroneously imposed franchise tax on Iowa corporation based on its 0.2 percent interest, passive investment in California limited liability company. 		Taxation Jan. 16, 2017
Espinoza v. Shiomoto
SCOTUS decision in 'McNeely' does not grant drivers arrested on suspicion of DUI right to demand blood test requiring warrant to determine BAC. 		Constitutional Law Jan. 16, 2017
Mashiri v. Epsten Grinnell & Howell
Consumer may proceed with action against law firm accused of committing unlawful debt collection practices in violation of the FDCPA and related state consumer laws. 		Consumer Law Jan. 16, 2017
Pitzer College v. Indian Harbor Insurance Company
Order 		Jan. 16, 2017
Ames v. Kings County
Officer entitled to qualified immunity where life-threatening situation makes reasonable use of force to ensure proper medical care. 		Constitutional Law Jan. 16, 2017
Kum Tat Ltd. v. Linden Ox Pasture LLC
Interlocutory appeal from order denying motion to compel arbitration dismissed for lack of jurisdiction, where motion relies on state law and does not invoke Federal Arbitration Act. 		Arbitration Jan. 16, 2017
Okafor v. United States
Last minute filing of claim to thousands of dollars taken by civil forfeiture does not constitute 'extraordinary circumstance' meriting equitable tolling of filing date. 		Civil Procedure Jan. 16, 2017
Bareno v. San Diego Community College District
Summary judgment in favor of employer reversed, where material issues remain in dispute with respect to whether employee was retaliated against for taking medical leave. 		Employment Law Jan. 16, 2017
Sandoz Inc. v. Amgen Inc.
Whether notice of commercial marketing given before FDA approval can be effective and whether, in any event, treating Section 262(l)(8)(A) as a standalone requirement and creating an injunctive remedy that delays all biosimilars by 180 days after approval is improper. 		Jan. 16, 2017
Amgen Inc. v. Sandoz Inc.
Is an Applicant required by 42 U.S.C. section 262(l)(2)(A) to provide the Sponsor with a copy of its biologics license application and related manufacturing information, which the statute says the Applicant "shall provide," and, where an Applicant fails to provide that required information, is the Sponsor's sole recourse to commence a declaratory-judgment action under 42 U.S.C. section 262(l)(9)(C) and/or a patent-infringement action under 35 U.S.C. section 271 (e)(2)(C)(ii)? 		Jan. 16, 2017
Weaver v. Massachusetts
Whether a defendant asserting ineffective assistance that results in a structural error must, in addition to demonstrating deficient performance, show that he was prejudiced by counsel's ineffectiveness, as held by four circuits and five state courts of last resort; or whether prejudice is presumed in such cases, as held by four other circuits and two state high courts. 		Jan. 16, 2017
Epic Systems Corp.
Whether an agreement that requires an employer and an employee to resolve employment-related disputes through individual arbitration, and waive class and collective proceedings, is enforceable under the Federal Arbitration Act, notwithstanding the provisions of the National Labor Relations Act. 		Jan. 16, 2017
Ernst & Young v. Morris
Whether the collective-bargaining provisions of the National Labor Relations Act prohibit the enforcement under the Federal Arbitration Act of an agreement requiring an employee to arbitrate claims against an employer on an individual, rather than collective, basis. 		Jan. 16, 2017
NLRB v. Murphy Oil USA
Whether arbitration agreements with individual employees that bar them from pursuing work-related claims on a collective or class basis in any forum are prohibited as an unfair labor practice under 29 U.S.C. 158(a)(1), because they limit the employees' right under the National Labor Relations Act to engage in "concerted activities" in pursuit of their "mutual aid or protection," 29 U.S.C. 157, and are therefore unenforceable under the saving clause of the Federal Arbitration Act, 9 U.S.C. 2. 		Jan. 16, 2017
Nat'l Ass'n of Manufacturers v. Dept. of Defense
whether the Sixth Circuit erred when it held that it has jurisdiction under 33 U.S.C. section 1369(b)(1)(F) to decide petitions to review the waters of the United States rule, even though the rule does not "issu[e] or den[y] any permit" but instead defines the waters that fall within Clean Water Act jurisdiction. 		Jan. 16, 2017
Maslenjak v. U.S.
Whether the Sixth Circuit erred by holding, in direct conflict with the First, Fourth, Seventh, and Ninth Circuits, that a naturalized American citizen can be stripped of her citizenship in a criminal proceeding based on an immaterial false statement. 		Jan. 16, 2017
Henson v. Santander Consumer USA
Whether a company that regularly attempts to collect debts it purchased after the debts had fallen into default is a "debt collector" subject to the Fair Debt Collection Practices Act? 		Jan. 16, 2017
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