Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
15-1256
|
Nelson v. Colorado
Whether requiring defendants, whose convictions have been reversed, to prove their innocence by clear and convincing evidence in order to get their money back from the monetary penalties imposed when they were convicted is consistent with due process. |
|
Sep. 29, 2016 | ||
15-1293
|
Lee v. Tam
Whether the disparagement provision in 15 U.S.C. 1052(a) is facially invalid under the Free Speech Clause of the First Amendment. |
|
Sep. 29, 2016 | ||
15-1391
|
Expressions Hair Design v. Schneiderman
Do these state no-surcharge laws unconstitutionally restrict speech conveying price information (as the Eleventh Circuit has held), or do they regulate economic conduct (as the Second and Fifth Circuits have held)? |
|
Sep. 29, 2016 | ||
15-1491
|
Musnuff v. Haeger
(1) Whether a federal court may impose sanctions against an attorney for non-disclosure of documents without either affording heightened procedural protections, as required for punitive sanctions, or finding a causal relationship between the sanctioned conduct and the amount awarded, as required for compensatory sanctions; and (2) Is a federal court required to tailor compensatory civil sanctions imposed under inherent powers to harm directly caused by sanctionable misconduct when the court does not afford sanctioned parties the protections of criminal due process? |
|
Sep. 29, 2016 | ||
15-1498
|
Lynch v. Dimaya
Whether 18 U.S.C. 16(b), as incorporated into the Immigration and Nationality Act's provisions governing an alien's removal from the United States, is unconstitutionally vague. |
|
Sep. 29, 2016 | ||
15-1500
|
Lewis v. Clarke
Whether the sovereign immunity of an Indian tribe bars individual-capacity damages actions against tribal employees for torts committed within the scope of their employment. |
|
Sep. 29, 2016 | ||
D068516
|
Hall v. Superior Court (Dept. of Motor Vehicles)
Driver entitled to new DMV hearing after DMV officer who upheld license revocation pleaded guilty to corruption, evidencing 'intolerably high risk of bias.' |
Administrative Agencies |
|
Sep. 29, 2016 | |
F069020
|
People v. Perez
Use of vehicle as deadly weapon renders defendant ineligible for resentencing under Three Strikes Reform Act, mandating reversal of order resentencing him as second strike offender. |
Criminal Law and Procedure |
|
Sep. 29, 2016 | |
13-17620
|
Furnace v. Giurbino
Despite different legal theories in multiple suits, second suit barred by claim preclusion as challenges to gang member classification and secured housing unit placement fall under same primary rights. |
Prisoners Rights |
|
Sep. 29, 2016 | |
A148627
|
M.C. v. Superior Court (Del Norte County Dept. of Health and Human Services)
Early termination of reunification services erroneous where juvenile court failed to comply with Welfare and Institutions Code Sections 388 and 361.5(a)(2). |
Dependency |
|
Sep. 29, 2016 | |
C079615
|
Marriage of Chapman
Ex-spouse cannot defeat ex-wife's community interest by electing to receive special benefits in lieu of military retirement pay, but reversal nevertheless warranted due to improper imposition of constructive trust. |
Family Law |
|
Sep. 28, 2016 | |
H042385
|
People v. Connors
Failure to raise objection to probation condition at trial level forfeits appellate challenge, as argument is not constitutional vagueness or overbreadth challenge. |
Criminal Law and Procedure |
|
Sep. 28, 2016 | |
E055062
|
People v. Windfield
Murder convictions and sentences affirmed, with remand ordered for limited purpose of addressing juvenile sentencing issue in light of 'People v. Franklin.' |
Criminal Law and Procedure |
|
Sep. 28, 2016 | |
B259704
|
Marriage of Nassimi
Family court erroneously finds ex-husband solely responsible for costs of lawsuit related to sale of community business involving claims omitted from couple's stipulated judgment of dissolution. |
Family Law |
|
Sep. 27, 2016 | |
A144049
|
People v. Nassetta
Probation condition imposing nighttime curfew for drug and driving under the influence convictions struck as invalid. |
Criminal Law and Procedure |
|
Sep. 27, 2016 | |
14-50014
|
U.S. v. Martinez-Lopez
Order |
|
Sep. 27, 2016 | ||
14-50288
|
U.S. v. Zhou
Failure to mention separate component of charge at plea colloquy not 'plain error,' does not bar restitution under Mandatory Victims Restitution Act. |
Criminal Law and Procedure |
|
Sep. 27, 2016 | |
13-56644
|
Ebner v. Fresh Inc.
Motion to dismiss affirmed where consumer fails to state plausible claim for relief on claims alleging deceptive and misleading labeling and packaging of lip balm. |
Consumer Law |
|
Sep. 27, 2016 | |
C080545
|
People v. Davis
Property owner's conviction for petty theft of water overturned because theft of uncaptured flowing water cannot be the subject of a larceny. |
Criminal Law and Procedure |
|
Sep. 27, 2016 | |
F071531
|
People v. Sauceda
Conviction for theft and unlawful driving or taking of vehicle under Vehicle Code section 10851 not eligible for resentencing under Proposition 47. |
Criminal Law and Procedure |
|
Sep. 26, 2016 | |
G052124
|
Celia S. v. Hugo H.
Award of 50/50 visitation to father who committed domestic violence on mother reversed for circumventing Family Code Section 3044's rebuttable presumption. |
Family Law |
|
Sep. 26, 2016 | |
14-15790
|
De Fontbrune v. Wofsy
French court's imposition of <EM>astreinte</EM> penalty recognizable under Uniform Recognition Act as penalty imposed for private damages, not for public offense. |
International Law |
|
Sep. 26, 2016 | |
D069647
|
Regalado v. Callaghan
Owner-builder unsuccessful in overturning judgment against him in action brought by subcontractor's employee injured in propane explosion. |
Torts |
|
Sep. 25, 2016 | |
B269005
|
Dang v. Maruichi American Corp.
Supervisor's wrongful discharge action against former employer is not preempted by the NLRA because his firing was not arguably subject to the NLRA. |
Labor Law |
|
Sep. 25, 2016 | |
G050927
|
People v. Perez
Convictions affirmed, but remand ordered for limited purpose of allowing evidence relevant to youth offender parole hearing. |
Criminal Law and Procedure |
|
Sep. 25, 2016 | |
14-15976
|
Arizona Green Party v. Reagan
Arizona's 180-day deadline for filing of new party recognition petitions does not run afoul of the Green Party's First and Fourteenth Amendment rights. |
Civil Rights |
|
Sep. 25, 2016 | |
13-35115
|
Attorneys Liability Protection Society Inc. v. Ingaldson Fitzgerald P.C.
Alaskan statute regulating risk retention groups preempted by Liability Risk Retention Act, thus permitting insurance company recovery of fees expended in defending non-covered claim. |
Insurance |
|
Sep. 25, 2016 | |
B266660
|
616 Croft Ave. LLC v. City of West Hollywood
City of West Hollywood's ordinance charging 'in-lieu' fees to combat the lack of affordable public housing is not an exaction and properly charged to developer. |
Municipal Law |
|
Sep. 25, 2016 | |
E065365
|
People v. Huerta
Offender entitled to reclassification of burglary conviction to misdemeanor shoplifting even if she committed crime with co-defendants where conspiracy played no role in her prosecution. |
Criminal Law and Procedure |
|
Sep. 22, 2016 | |
A147724
|
In re J.E.
Extension of family reunification services to 24 months appropriate as failure to provide psychological evaluation for minor is failure to provide reasonable services under Welf. & Inst. Code Section 352. |
Family Law |
|
Sep. 22, 2016 |