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Connelly v. U.S.
A corporation's contractual obligation to redeem shares did not reduce a corporation's value for the purposes of the federal estate tax.
Tax USSC Jun. 7, 2024
Truck Insurance Exchange v. Kaiser Gypsum Co.
An insurer with financial responsibility for bankruptcy claims is a "party in interest" that "may raise and may appear and be heard on any issue" in a Chapter 11 case.
Bankruptcy USSC Jun. 7, 2024
Make UC a Good Neighbor v. The Regents of the University of California
Plaintiffs' claims that environmental impact report was inadequate for failure to consider social noise and alternative sites lacked merit because of urgency legislation that amended the California Environmental Quality Act.
Environmental Law CASC Jun. 7, 2024
People v. Gefrerer
A perpetrator's calm demeanor and a bank's policy to acquiesce to demands for money under criminal threat did not negate the satisfaction of the "fear" element necessary for a robbery conviction.
Criminal Law and Procedure 4DCA/1 Jun. 7, 2024
CBRE v. Superior Court (Johnson)
In a *Privette* delegation analysis, trial court erred by focusing on the timing of the execution of the contract, rather than the delegation implicit in turning over control of the work site.
Torts 4DCA/1 Jun. 6, 2024
Calise v. Meta Platforms, Inc.
Social media company was not shielded by Communications Decency Act from liability for alleged violations of duty that arose independently from company's role as publisher of third-party content.
Cyber Law, Contracts 9th Jun. 6, 2024
People v. Mayberry
Ameliorative sentencing statute applied to prior prison term enhancements that were imposed but stayed during original sentencing.
Criminal Law and Procedure 5DCA Jun. 6, 2024
Modification: Lorch v. Superior Court (Kia Motors America, Inc.)
Petitioner's peremptory challenge to judge reassigned to her case filed before trial began was timely where the parties were notified of the reassignment via telephone call from the court clerk.
Civil Procedure 4DCA/1 Jun. 6, 2024
People v. Rounds
Trial court should have considered post-release conduct rather than the nature and circumstances of the underlying conviction when evaluating a petition for a certificate of rehabilitation.
Criminal Law and Procedure 4DCA/3 Jun. 6, 2024
People ex rel. International Assn. of Firefighters v. City of Palo Alto
In quo warranto action, trial court's decision to fashion an alternative remedy rather than invalidate an unlawful measure was an abuse of discretion.
Municipal Law, Remedies 6DCA Jun. 5, 2024
Sidibe v. Sutter Health
Removing the word purpose from two jury instructions required reversal because it resulted in the jury not considering defendant's possible anticompetitive purpose when evaluating an unreasonable course of conduct claim.
Antitrust 9th Jun. 5, 2024
M&T Farms v. Federal Crop Insurance Corp.
A farming operation that is a fractional partner in a storefront selling farming goods was not a qualifying person under an FCIC insurance policy.
Administrative Agencies 9th Jun. 5, 2024
Southern California Edison Co. v. Superior Court (21st Century Insurance Co.)
Attorney work product generated from investigation as to whether client complied with public reporting statutory requirements was protected by the work product privilege.
Attorneys 2DCA/1 Jun. 4, 2024
U.S. v. Farias-Contreras
Prosecutor breached the agreement in a plea to not recommend a sentence in excess of the low-end guideline range by surrounding that recommendation with inflammatory rhetoric.
Criminal Law and Procedure 9th Jun. 4, 2024
Smith v. Garland
Petitioner failed to preserve document authentication challenges in removability proceedings by challenging only the accuracy of the information on the documents, rather than whether the documents were what they purported to be.
Immigration 9th Jun. 4, 2024
Carley v. Aranas
Prison medical director was entitled to qualified immunity for denying treatment to inmate with Hepatitis C because there was no legal consensus regarding constitutionally sufficient treatment for such patients.
Qualified Immunity 9th Jun. 4, 2024
People v. Burgos
Penal Code Section 1109, allowing for bifurcation of certain gang-related trials, may not be applied retroactively.
Criminal Law and Procedure CASC Jun. 4, 2024
Mueller v. Mueller
A confidentiality clause in an agreement that repeatedly and explicitly stated that it created no enforceable rights was not enforceable.
Contracts, Family Law 1DCA/5 Jun. 4, 2024
A.L. v. Harbor Developmental Disabilities Foundation
Regional Center had no duty to protect disabled individual from sexual assault by third-party vendor employee where employee had no previous history of questionable behavior.
Torts 2DCA/2 Jun. 3, 2024
Bristol SL Holdings, Inc. v. Cigna Health and Life Insurance Company
Employment Retirement Income Security Act preempted claims that health plan administrator's denial of reimbursements violated state law.
Insurance 9th Jun. 3, 2024
Carolina Beverage Corp. v. Fiji Water Co., LLC
Distribution contract was not constructively terminated where the distributor continued to operate under it after the purported constructive termination.
Contracts 2DCA/2 Jun. 3, 2024
In re A.M.
Conviction as adult for crime committed at 14 years old was nonfinal after conditional reversal, entitling defendant to benefit from laws barring transfer of such cases to adult criminal court.
Criminal Law and Procedure, Juveniles 2DCA/6 Jun. 3, 2024
Walter Betschart v. State of Oregon
*Younger* federal abstention was inappropriate where the state of Oregon was failing to provide counsel for indigent criminal defendants.
Prisoners' Rights 9th Jun. 3, 2024
Soto v. Superior Court
Teacher's retirement system was statutorily entitled to recover from a teacher's medical malpractice settlement.
Education 4DCA/2 May 31, 2024
Phillips v. U.S. Customs and Border Prot.
Order
9th May 31, 2024
National Rifle Association of America v. Vullo
National Rifle Association plausibly alleged First Amendment violation by government official who used her status to induce NRA-affiliates to terminate gun-promoting relationships.
Constitutional Law USSC May 31, 2024
Thornell v. Jones
Ninth Circuit's interpretation and application of *Strickland v. Washington* was erroneous.
Constitutional Law, Criminal Law and Procedure USSC May 31, 2024
Cantero v. Bank of America
Applying the Dodd Frank "significant interference" standard for state law preemption required a comparative analysis to determine whether it would fundamentally interfere with banks in their daily course of business.
Banking USSC May 31, 2024
Bercy v. City of Phoenix
Hostile work environment claims that were part of an ongoing pattern of conduct taking place before a bankruptcy filing belonged to the bankruptcy estate.
Bankruptcy 9th May 31, 2024
Prang v. Los Angeles County Assessment Appeals Board
"Change in ownership" measures proportional beneficial ownership interests in corporate real property by corporate stock generally with no special analysis as to whether the stock is voting or non-voting.
Tax CASC May 31, 2024