Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
15-628
|
Salman v. U.S.
1. Does the personal benefit to the insider that is necessary to establish insider trading under Dirks v. SEC, 463 U.S. 646 (1983), require proof of "an exchange that is objective, consequential, and represents at least a potential gain of a pecuniary or similarly valuable nature," as the Second Circuit held in United States v. Newman, 773 F.3d 438 (2d Cir. 2014), cert. denied, No. 15-137 (U.S. Oct. 5, 2015), or is it enough that the insider and the tippee shared a close family relationship, as the Ninth Circuit held in this case? |
|
Jan. 20, 2016 | ||
15-674
|
United States v. Texas
1. Whether a State that voluntarily provides a subsidy to all aliens with deferred action has Article III standing and a justiciable cause of action under the Administrative Procedure Act (APA), 5 U.S.C. 500 et seq., to challenge the Guidance because it will lead to more aliens having deferred action. 2. Whether the Guidance is arbitrary and capricious or otherwise not in accordance with law. 3. Whether the Guidance was subject to the APA's notice-and-comment procedures. 4. Whether the Guidance violates the Take Care Clause of the Constitution, Art. II, §3. |
|
Jan. 20, 2016 | ||
B247672
|
Kim v. Toyota Motor Corp.
In strict products liability action, evidence of industry custom and practice may be admissible, depending on nature of evidence and purpose for introducing such evidence. |
Torts |
|
Jan. 20, 2016 | |
F065532
|
People v. Leon
Erroneous admission of gang affiliation admissions made during jail booking does not warrant reversal of defendants' convictions related to string of home invasion robberies. |
Criminal Law and Procedure |
|
Jan. 20, 2016 | |
11-16240
|
National Federation of the Blind v. United Airlines Inc.
State law claims not expressly preempted by the Airline Deregulation Act are impliedly field preempted by Airline Carrier Access Act and Department of Transportation regulation. |
Administrative Agencies |
|
Jan. 20, 2016 | |
11-17948
|
Hajro v. United States Citizenship and Immigration Services
District court lacks power to enforce prior settlement agreement where order dismissing case neither incorporated terms nor expressly retained jurisdiction. |
Immigration |
|
Jan. 20, 2016 | |
B263640
|
People v. Lozano
Juvenile murderer's sentence of life without possibility of parole reversed where sentencing court categorically excluded evidence of her post-conviction rehabilitation. |
Criminal Law and Procedure |
|
Jan. 19, 2016 | |
B258432
|
Castillo v. DHL Express (USA) et al.
Five-year period to bring a case to trial is automatically tolled under California Code of Civil Procedure Section 1775.7(b) only if mediation is through court-annexed program. |
Civil Procedure |
|
Jan. 19, 2016 | |
B255727
|
People v. Valenti
Child molester's conviction for lewd and lascivious act against his teenage wife overturned because law did not exist at the time he committed offense, violating Ex Post Facto Clause. |
Criminal Law and Procedure |
|
Jan. 19, 2016 | |
E061645
|
Alvarado v. Dart Container Corp. of California
Summary judgment properly granted in employer's favor where it lawfully uses federal formula for computing overtime in the absence of binding state law. |
Labor Law |
|
Jan. 19, 2016 | |
G050250
|
Majd v. Bank of America N.A.
Homeowner successfully revives action against bank for wrongfully foreclosing on his property while his loan modification application was still under review. |
Real Property |
|
Jan. 19, 2016 | |
A136120
|
People v. Johnson
On remand, appellate court reaffirms ruling that requisite malice was found by jury to support second-degree murder convictions, though jury had received a slightly erroneous instruction as to being unanimous on the theory of killing at issue. |
Criminal Law and Procedure |
|
Jan. 19, 2016 | |
15-50450
|
In re Grand Jury Investigation (U.S. v. Doe Appellants and Corporations)
Order |
Criminal Law and Procedure |
|
Jan. 19, 2016 | |
12-55307
|
Fue v. Biter
Prisoner who 'sat on his hands' not entitled to equitable tolling of habeas petition filing even if state court never notified him of denial. |
Criminal Law and Procedure |
|
Jan. 19, 2016 | |
13-56903
|
McGee v. China Electric Motor
Failure to explain basis for attorney fee award is abuse of discretion resulting in vacated award and remand to allow for recalculation plus detailed explanation. |
Securities |
|
Jan. 19, 2016 | |
14-30042
|
U.S. v. Spangler
Trial court did not err in allowing testimony describing scheming investment advisor as a fiduciary. |
Criminal Law and Procedure |
|
Jan. 19, 2016 | |
S230880
|
People v. Singson
Does the definition of "unreasonable risk of danger to public safety" (Pen. Code, § 1170.18, subd. (c)) under Proposition 47 ("the Safe Neighborhoods and Schools Act") apply to resentencing under the Three Strikes Reform Act of 2012 (Pen. Code, § 1170.126)? |
|
Jan. 15, 2016 | ||
S230011
|
People v. Weisner
(1) Did defendant's sentence of 50 years to life for a homicide committed when he was a juvenile violate the Eighth Amendment? (2) Was the first issue rendered moot by the enactment of Penal Code section 3051? |
|
Jan. 15, 2016 | ||
S230808
|
Young's Market Company v. Superior Court (San Diego Unified School District)
(1) Do the geological testing activities proposed by the Department of Water Resources constitute a taking? (2) Do the environmental testing activities set forth in the February 22, 2011, entry order constitute a taking? (3) If so, do the precondemnation entry statutes (Code Civ. Proc., §§ 1245.010-1245.060) provide a constitutionally valid eminent domain proceeding for the taking? |
|
Jan. 15, 2016 | ||
B259997
|
People v. Mateo
Trial court has no sua sponte duty to give pattern jury instruction explaining limited purpose of expert testimony on Child Sexual Abuse Accommodation Syndrome. |
Criminal Law and Procedure |
|
Jan. 15, 2016 | |
S230213
|
County of Los Angeles v. Financial Casualty & Surety
Whether the authority granted to a jailer under Penal Code section 1269b, "to set the time and place for the appearance of the arrested person before the appropriate court and give notice thereof" makes the appearance in that court on that date "lawfully required" for purposes of forfeiting bail under Penal Code section 1305(a)(4). |
|
Jan. 15, 2016 | ||
S230961
|
People v. Chiang
Must the no-contact probation conditions be modified to explicitly include a knowledge requirement? Also, (1) Are probation conditions prohibiting defendant from: (a) "owning, possessing or having in his custody or control any handgun, rifle, shotgun or any firearm whatsoever or any weapon that can be concealed on his person"; and (b) "using or possessing or having in his custody or control any illegal drugs, narcotics, narcotics paraphernalia without a prescription," unconstitutionally vague? (2) Is an explicit knowledge requirement constitutionally mandated? |
|
Jan. 15, 2016 | ||
S230507
|
People v. Collins
Order |
|
Jan. 15, 2016 | ||
S230685
|
People v. Edward
Does the definition of "unreasonable risk of danger to public safety" (Pen. Code, § 1170.18, subd. (c)) under Proposition 47 ("the Safe Neighborhoods and Schools Act") apply to resentencing under the Three Strikes Reform Act of 2012 (Pen. Code, § 1170.126)? |
|
Jan. 15, 2016 | ||
S230611
|
People v. Garcia
Order |
|
Jan. 15, 2016 | ||
S230616
|
People v. Garcia
(1) Did defendant's sentence of 50 years to life for a homicide committed when he was a juvenile violate the Eighth Amendment? (2) Was the first issue rendered moot by the enactment of Penal Code section 3051? |
|
Jan. 15, 2016 | ||
S230803
|
People v. Higginbotham
Does the definition of "unreasonable risk of danger to public safety" (Pen. Code, § 1170.18, subd. (c)) under Proposition 47 ("the Safe Neighborhoods and Schools Act") apply to resentencing under the Three Strikes Reform Act of 2012 (Pen. Code, § 1170.126)? |
|
Jan. 15, 2016 | ||
S229934
|
People v. Lightle
Does the Safe Neighborhood and Schools Act [Proposition 47] (Gen. Elec. (Nov. 4, 2014)), which made specified crimes misdemeanors rather than felonies, apply retroactively to a defendant who was sentenced before the Act's effective date but whose judgment was not final until after that date? |
|
Jan. 15, 2016 | ||
S230544
|
People v. Madrigal
Was defendant's Sixth Amendment right to confrontation violated by the gang expert's reliance on testimonial hearsay (Crawford v. Washington (2004) 541 U.S. 36)? |
|
Jan. 15, 2016 | ||
S219178
|
People v. Arroyo
Criminal prosecution of juvenile offender may be commenced by grand jury indictment and need not proceed only by filing an information after a preliminary hearing. |
Criminal Law and Procedure |
|
Jan. 15, 2016 |