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U.S. v. Bryant
Whether reliance on valid uncounseled tribal-court misdemeanor convictions to prove 18 U.S.C. Section 117(a)'s predicate-offense element violates Constitution.
Dec. 15, 2015
Rosenfield v. GlobalTranz Enters.
Summary judgment in employer's favor on employee's anti-retaliation claim under the Fair Labor Standards Act reversed where jury could reasonably find employee provided 'fair notice.'
Labor Law Dec. 15, 2015
Dominguez v. Colvin
Disability benefits applicant not entitled to immediate award of benefits despite administrative law judge's legal error where there remained inconsistencies, conflicts, and gaps in the records.
Administrative Agencies Dec. 15, 2015
Mohammad Talaie v. Wells Fargo Bank
2009 Amendment to Truth in Lending Act does not apply retroactively to conduct from 2006.
Civil Procedure Dec. 15, 2015
Frank v. Schultz
Summary judgment in prisoner's due process claim affirmed where any procedural error is corrected in the administrative appeal process.
Prisoners Rights Dec. 15, 2015
DeSilva Gates Construction LP v. Dept. of Transportation
Contract award properly invalidated where CalTrans erroneously deemed lowest-bidder's bid 'nonresponsive' and abused its discretion in waiving winning bidder's material deviation from bid information.
Government Dec. 15, 2015
Holloway v. Quetel
Where plaintiff fails to submit appropriate supporting documentation, trial court does not err in refusing to enter default judgment for plaintiff and deciding matter in favor of defendants.
Civil Procedure Dec. 15, 2015
Marriage of Eustice
Default judgment not rendered void by alleged deficiencies in marital dissolution petition, where spouse had adequate notice of property subject to disposition.
Family Law Dec. 14, 2015
People v. Trenton
Where minor does not receive sufficient notice of his eligibility for deferred entry of judgment, case must be remanded to determine such eligibility.
Juveniles Dec. 14, 2015
Imperial County Dept. etc. v. S.S.
Not an error where juvenile court terminates jurisdiction over child who has died, though parents sought jurisdiction to continue until cause of death was officially determined.
Dependency Dec. 14, 2015
People v. Jimenez
DUI-related convictions affirmed where substantial evidence establishes defendant was under influence of methamphetamine and implied malice, and blood test results not subject to exclusion.
Criminal Law and Procedure Dec. 14, 2015
UTHE Technology Corp. v Aetrium Inc.
Company may pursue treble damages under RICO where Singapore arbitration award did not constitute full satisfaction of existing RICO claim.
Antitrust Dec. 14, 2015
Prue v. Brady Co./San Diego Inc.
Summary judgment improper where employee timely and sufficiently alleged cause of action for common law wrongful discharge in violation of public policy stemming from work-related injury discrimination.
Employment Law Dec. 14, 2015
People v. Neuman
Can excess custody credits be used to reduce or eliminate the one-year parole period required by Penal Code section 1170.18(d), upon resentencing under Proposition 47?
Dec. 11, 2015
California Native Plant Society v. County of Los Angeles (Newhall Land and Farming Company)
(1) Does the environmental impact report for a large land development in northwest Los Angeles County validly determine the development would not significantly impact the environment by its discharge of greenhouse gases? (2) Are mitigation measures adopted for protection of a freshwater fish, the unarmored threespine stickleback, improper because they involve taking of the fish prohibited by the Fish and Game Code? (3) Were plaintiffs' comments on two other areas of disputed impact submitted too late in the environmental review process?
Dec. 11, 2015
People v. Castaneda
Did defendant's sentence of 50 years to life for a homicide committed when he was a juvenile violate the Eighth Amendment? Was the first issue rendered moot by the enactment of Penal Code section 3051?
Dec. 11, 2015
People v. Jackson
Does the definition of "unreasonable risk of danger to public safety" in Proposition 47 (Pen. Code, § 1170.18) apply retroactively to the recall and resentencing proceedings under the Three Strikes Reform Act of 2012 (Pen. Code, § 1170.126)?
Dec. 11, 2015
People v. Lara
Order
Dec. 11, 2015
Schneer v. Llaurado
Court errs in finding California lacks jurisdiction over custody petition where child resided in California for six continuous months despite her absence prior to petition's filing.
Family Law Dec. 11, 2015
U.S. v. Ye
First paragraph of 18 U.S.C. Section 1542, prohibiting 'willfully and knowingly' making false statements on a passport application, does not require specific intent.
Criminal Law and Procedure Dec. 11, 2015
Pesticide Action Network North America v. United States EPA
EPA's years-long delay in issuing a final response to environmental organizations' petition requesting ban on pesticide is 'egregious' and warrants mandamus relief.
Administrative Agencies Dec. 11, 2015
People v. Stevens
In a commitment hearing under the Mentally Disordered Offender Act, People may not prove facts underlying commitment offense through mental health expert's opinion testimony.
Criminal Law and Procedure Dec. 11, 2015
Hampton v. County of San Diego
San Diego County entitled to design immunity from lawsuit claiming intersection constituted dangerous condition of public property although design plans deviated from County's own standards.
Torts Dec. 11, 2015
People v. King
Defendant's petition for resentencing under Proposition 47 is properly denied where his felony grand theft conviction was not a qualifying offense.
Criminal Law and Procedure Dec. 11, 2015
People v. Tirey
Legislature's subsequent amendments to relevant Penal Code provisions make clear that child sex offender is ineligible to petition for certificate of rehabilitation.
Criminal Law and Procedure Dec. 10, 2015
Dorrance v. United States
Life insurance policyholders not entitled to refund on taxes paid from sale of stock acquired through insurance companies' demutualizations.
Taxation Dec. 10, 2015
Crawford v. JPMorgan Chase Bank N.A.
Terminating sanctions proper where attorney threatened opposing counsel with physical harm and was openly contemptuous of trial court.
Attorneys Dec. 10, 2015
People v. Rigmaden
Did defendant's sentence of 50 years to life for a homicide committed when he was a juvenile violate the Eighth Amendment? Was the first issue rendered moot by the enactment of Penal Code section 3051?
Dec. 10, 2015
People v. Armogeda
Can excess custody credits be used to reduce or eliminate the one-year parole period required by Penal Code section 1170.18, subdivision (d), upon resentencing under Proposition 47?
Dec. 10, 2015
People v. Nilsson
Aggravated white collar crime enhancement improperly imposed where prosecutor failed to plead two felonies were related.
Criminal Law and Procedure Dec. 10, 2015