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Name Category Published
Rudisill v. McDonough
Servicemembers who, because of separate periods of qualifying military service, are eligible for two educational GI Bills, may use either Bill, in any order, up to the benefits cap.
Veterans' Affairs USSC Apr. 17, 2024
Labrador v. Poe
Order
USSC Apr. 17, 2024
People v. Flores
Outdated "fresh complaint" doctrine was updated such that a child victim's delay in disclosing sexual assault generally goes to the weight of the disclosure, not its admissibility.
Evidence 4DCA/1 Apr. 17, 2024
U.S. v. Mirabal
In federal criminal proceedings, the federal government is a party-opponent of the defendant, so government attorney statements in plea agreements and sentencing memoranda are party-opponent admissions and not hearsay.
Evidence 9th Apr. 17, 2024
In re Complaint of Judicial Misconduct
Order
9th Apr. 17, 2024
Amended Opinion: Blue Mountains Biodiversity Project v. Jeffries
Because the U.S. Forest Service retained control and considered several alternatives, its project replacing diseased trees with disease-resistant ones did not violate the National Environmental Policy Act.
Environmental Law 9th Apr. 17, 2024
People v. Barooshian
Defendant's double jeopardy was not violated because gross vehicular manslaughter while intoxicated was not a necessarily included offense of murder.
Criminal Law and Procedure 4DCA/1 Apr. 17, 2024
City of Santa Cruz v. Superior Court (County of Santa Cruz)
Pursuant to Government Code Sections 935, 905, and a local ordinance, County was required to present its claims to City before filing lawsuit.
Government 6DCA Apr. 17, 2024
Compton v. Texas
Order
USSC Apr. 16, 2024
Michaels v. Davis
Order
USSC Apr. 16, 2024
Mckesson v. Doe
Order
USSC Apr. 16, 2024
Santa Clarita Valley Water Agency v. Whittaker Corporation
District court did not abuse its discretion by allowing water agency to assert legal theory at trial not included in Federal Rule of Civil Procedure 26 because it did not involve evidence.
Civil Procedure 9th Apr. 16, 2024
Perez v. City of Fresno
Paramedic was immune from liability for death of patient caused by requesting an officer sit on patient to help secure him for medical transport because paramedic acted with a medical purpose.
Qualified Immunity 9th Apr. 16, 2024
Espy v. J2 Global Inc.
Opinion
9th Apr. 22, 2024
Bissonnette v. LePage Bakeries Park St., LLC
A transportation worker need not work in the transportation industry to be exempt from coverage under Section 1 of the FAA.
Arbitration USSC Apr. 15, 2024
Macquarie Infrastructure Corp. v. Moab Partners, L.P.
Pure omissions are not privately actionable under Securities and Exchange Commission Rule 10b-5(b) because the statute requires affirmative assertions.
Securities USSC Apr. 15, 2024
Sheetz v. El Dorado County
Whether imposed administratively or legislatively, conditions on land-use permits necessitated a Takings Clause assessment as to whether constitutional requirements were met.
Real Property USSC Apr. 15, 2024
U.S. v. Medina-Luna
Since defects in an indictment are nonjurisdictional, criminal defendant's subsequent unconditional guilty plea was also a waiver of the right to appeal any error in procuring the indictment waiver.
Criminal Law and Procedure 9th Apr. 15, 2024
Mission Springs Water Dist. v. Desert Water Agency
Substantial compliance with notice requirement by agency with exclusive statutory authority to serve as groundwater sustainability agency justified Department of Water Resource's refusal to publish another agency's notice of intent.
Water Rights 4DCA/1 Apr. 15, 2024
People v. Lozano
Deceased victim's statement to her mother regarding protracted pattern of sexual abuse was not admissible under the excited utterance hearsay exception because there had been time for her to reflect.
Evidence 1DCA/3 Apr. 12, 2024
Ryan S. v. UnitedHealth Group, Inc.
Healthcare beneficiary adequately claimed Parity Act violation by alleging disparate handling of mental health versus medical claims and providing supporting documentation.
Health Care 9th Apr. 12, 2024
Waid v. County of Lyon
Order
9th Apr. 12, 2024
People v. Lewis
Gang member suffering from terminal ALS did not pose an unreasonable risk of danger under Penal Code Section 1172.2 because his illness made it difficult to walk and breath.
Criminal Law and Procedure 4DCA/2 Apr. 12, 2024
Fli-Lo Falcon LLC v. Amazon.com, Inc.
The Federal Arbitration Act's "transportation worker exemption" does not extend to delivery services contracts between business entities.
Arbitration 9th Apr. 11, 2024
Casola v. Dexcom, Inc.
For removability, an electronically submitted complaint is not "filed" in California state court until it is acknowledged as officially filed by the court clerk.
Civil Procedure 9th Apr. 11, 2024
Shah v. Skillz Inc.
Calculating stock options damages for breach of contract was not limited to the difference between the stock options' exercise price and the value of the stock at employee's termination.
Employment Law 1DCA/5 Apr. 10, 2024
U.S. v. James Milheiser
Overbroad theory of fraud presented to jury required vacating criminal defendants' convictions for mail fraud because it did not require finding the deception concerned the essential nature of the bargain.
Criminal Law and Procedure 9th Apr. 10, 2024
Modification: People v. Carrillo
Under Penal Code Section 1473.7, defendant, seeking to vacate conviction because he did not understand possible adverse immigration consequences, may include probation violation penalties as part of his "sentence."
Criminal Law and Procedure 5DCA Apr. 10, 2024
Weber v. Superior Court (Fong)
Elections Code section 8003 did not prohibit candidate from filing nomination papers for two different offices in California primary.
Government 3DCA Apr. 10, 2024
People v. Estrada
Trial court erred in denying defendant's petition for Penal Code Section 1172.6 resentencing because his pleas for attempted murder and voluntary manslaughter did not establish him as the actual killer.
Criminal Law and Procedure 2DCA/8 Apr. 10, 2024