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Name Category Published
People v. Johnson
Automatic appeal from judgment of death following first degree murder conviction affirmed in its entirety.
Criminal Law and Procedure Jan. 22, 2016
People v. Motsenbocker
Order
Jan. 22, 2016
People v. Palomares
Order
Jan. 22, 2016
People v. Arriaga
Order
Jan. 22, 2016
Cardenas v. Superior Court (People)
Order
Jan. 22, 2016
Nettles v. Grounds
Order
Jan. 22, 2016
People v. Vargas
Second degree burglary conviction for attempting to cash forged check less than $950 qualifies for resentencing as misdemeanor shoplifting under Proposition 47.
Criminal Law and Procedure Jan. 21, 2016
Newhall County Water Dist. v. Castaic Lake Water Agency
Under Proposition 26, wholesale water distributer cannot base rates on product - groundwater - that the distributer does not provide to payors.
Constitutional Law Jan. 21, 2016
Kansas v. Carr
Eight Amendment does not require capital-sentencing courts to instruct jury that mitigating circumstances need not be proven beyond reasonable doubt.
Criminal Law and Procedure Jan. 21, 2016
Montanile v. Board of Trustees of the National Elevator Industry Health Benefit Plan
Fiduciary of employee benefits plan cannot bring suit to attach participant's general assets under Section 502(a)(3) of ERISA when participant dissipates settlement on nontraceable items.
Employment Law Jan. 21, 2016
Campbell-Ewald Co. v. Gomez
Unaccepted Federal Rule of Civil Procedure 68 offer of judgment to satisfy named plaintiff's individual claim does not render entire complaint moot.
Consumer Law Jan. 21, 2016
Duncan v. Owens
Order
Jan. 21, 2016
Ramirez v. Lynch
Man is not subject to removal based on his California conviction for felony child abuse, which was neither a 'crime of violence' nor aggravated felony.
Immigration Jan. 21, 2016
People v. Cornejo
In light of 'Prunty,' the criminal activity of Norteño subsets cannot be used to support gang enhancement for defendants in other, non-associated subset of gang.
Criminal Law and Procedure Jan. 21, 2016
City of San Diego v. Superior Court (Dines)
In suit against city regarding former San Diego mayor, petition for relief from claim presentation requirements is untimely and should have been dismissed.
Government Jan. 21, 2016
State of California ex. rel. Bartlett v. Miller
SEC filing disclosing club's allegedly wrongful conduct does not trigger California False Claims Act's public disclosure bar, thereby requiring reversal of trial court's dismissal.
Securities Jan. 21, 2016
Mathis v. U.S.
Whether a predicate prior conviction under the Armed Career Criminal Act, 18 U.S.C. § 924(e)(l), must qualify as such under the elements of the offense simpliciter, without extending the modified categorical approach to separate statutory definitional provisions that merely establish the means by which referenced elements may be satisfied rather than stating alternative elements or versions of the offense?
Jan. 20, 2016
United States v. Estate of Hage
Ranchers who grazed cattle on federal lands without requisite permit or authorization cannot assert water rights as a defense to government's claims of trespass.
Government Jan. 20, 2016
People v. Thurston
Trial court properly finds prisoner ineligible for resentencing under Proposition 36 based on his juvenile adjudication for forcible rape.
Criminal Law and Procedure Jan. 20, 2016
Hernandezcueva v. E.F. Brady Co. Inc.
Nonsuit on strict products liability claim erroneously granted where evidence showed subcontractor who supplied and installed asbestos-containing products was in stream of commerce.
Torts Jan. 20, 2016
People v. Butler
Revocation restitution fines, under Section 1202.45, may not be applied where offender is not subject to parole, postrelease community service, or mandatory supervision after jail sentence.
Criminal Law and Procedure Jan. 20, 2016
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. 20, 2016
People v. White
Defendant correctly found not to be eligible for resentencing relief under Proposition 36 where he was found to be 'armed' during commission of offense.
Criminal Law and Procedure Jan. 20, 2016
Medtronic Sofamor Danek v. NuVasive Inc.
Order
Jan. 20, 2016
Dietz v. Bouldin
Whether, after a judge has discharged a jury from service in a case and the jurors have left the judge's presence, the judge may recall the jurors for further service in the same case.
Jan. 20, 2016
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
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
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
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
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