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Schmidt v. Trinut Farm Management
Forum selection clause required the trial court to consider jurisdiction under Illinois law where there was a substantial relationship between Illinois and the parties to the contract.
Civil Procedure 5DCA Jun. 29, 2023
Visitacion Investment v. 424 Jessie Historic Properties
Due to contractual ambiguity and triable issues of fact, summary judgment was improper in action to quiet title on easement due to alleged abandonment.
Real Property 1DCA/2 Jun. 29, 2023
People v. Codinha
Trial court's correction of a concurrent term to a legally mandated consecutive term was upheld because courts may correct a void judgment whenever it is brought to their attention.
Criminal Law and Procedure 4DCA/1 Jun. 28, 2023
Montemayor v. Ford Motor Co.
Nonsignatory vehicle manufacturer could not enforce sales contract's arbitration clause against aggrieved car purchasers where underlying claims were based on the manufacturer's express warranty and independent of the sales contract.
Arbitration 2DCA/7 Jun. 28, 2023
People v. Falcon
Resentencing required pursuant to *People v. Gutierrez* where record was unclear as to whether the trial court would have imposed the upper term sentence given SB 567's new requirements.
Criminal Law and Procedure 5DCA Jun. 28, 2023
Moore v. Harper
The Elections Clause does not vest exclusive and independent authority in state legislatures to set the rules regarding federal elections.
Constitutional Law USSC Jun. 28, 2023
Counterman v. Colorado
Although criminal liability for true-threats case required some subjective understanding on the defendant's part of his statements' threatening nature, the First Amendment required no more than a showing of recklessness.
Criminal Law and Procedure USSC Jun. 28, 2023
Mallory v. Norfolk Southern Railway Co.
Due process allowed a railroad to be sued in state where it registered as a foreign corporation, and under state law, had agreed to answer any suit against it there.
Civil Rights USSC Jun. 28, 2023
U.S. v. Castro
Partner or family member assault (PFMA) was not a crime of violence under the U.S. Sentencing Guidelines because the definition of "bodily injury" incorporated into PFMA includes more than the "use of physical force."
Criminal Law and Procedure 9th Jun. 28, 2023
Waleski v. Montgomery, McCracken, Walker & Rhoads, LLP
Order
USSC Jun. 27, 2023
Save Our Access v. City of San Diego
San Diego's use of a community plan for a ballot measure to remove building height limits did not meet California Environmental Quality Act requirements.
Environmental Law 4DCA/1 Jun. 27, 2023
Blaylock v. DMP 250 Newport Center
Property owners were not liable for HVAC contractor's employee falling through a crawl space access panel because there was no evidence they knew the access panel constituted a concealed hazard.
Torts 4DCA/3 Jun. 27, 2023
Yedinak v. Superior Court (People)
Writ of mandate was issued where pretrial detention order denied bail without clear and convincing evidence that the defendant's release was likely to result in great bodily harm to others.
Criminal Law and Procedure 4DCA/2 Jun. 27, 2023
Lauckhart v. El Macero Homeowners Assn.
Trial court correctly sustained demurrer without leave to amend where, despite several amendments, the complaint failed to plead fraud with particularity.
Civil Procedure 3DCA Jun. 27, 2023
Seaplane Adventures LLC v. County of Marin
Summary judgment was proper on air carrier's "class of one" equal protection claim where bases for County's alleged disparate treatment of air carrier under COVID-19 health orders were rational.
Civil Rights 9th Jun. 27, 2023
Leuthauser v. U.S.
Summary judgment was not appropriate on plaintiff's alleged sexual assault claim against transportation security officer because the officer fell within the Federal Tort Claims Act's law enforcement proviso.
Immunity 9th Jun. 27, 2023
Ramirez Munoz v. Garland
Petitioner's misrepresentations about citizenship to police for the purpose of avoiding removal proceedings did not render him inadmissible and therefore ineligible for adjustment of immigration status.
Immigration 9th Jun. 27, 2023
Harper v. Nedd
Bureau of Land Management employee's claims for *Bivens* damages from Fifth Amendment due process violation was denied because Congress had already provided a remedy for his claims.
Civil Rights 9th Jun. 27, 2023
People v. Prudholme
Assembly Bill 1950 reduced the probation period of Defendant's plea agreement for second degree robbery but did not affect the rest of the agreement.
Criminal Law and Procedure CASC Jun. 27, 2023
Law Finance Group, LLC v. Key
Code of Civil Procedure Section 1288.2's deadline for seeking vacatur of an arbitral award is a nonjurisdictional statute of limitations.
Civil Procedure CASC Jun. 27, 2023
U.S v. Hansen
Immigration statute prohibiting encouraging or inducing unlawful immigration was not unconstitutionally overbroad because those terms had well-established legal meanings, so it did not prohibit a substantial amount of protected speech.
Immigration USSC Jun. 26, 2023
United States v. Hansen
USSC Jun. 23, 2023
U.S v. Texas
States lacked standing to challenging presidential administration's immigration-enforcement guidelines because their alleged injury was not redressable by the court due to the Executive Branch's exclusive discretion to prosecute offenses.
Constitutional Law USSC Jun. 26, 2023
Coinbase, Inc. v. Bielski
District court proceedings should have been stayed while interlocutory appeal from denial of motion to compel arbitration was pending because the whole matter was involved in the appeal.
Arbitration USSC Jun. 23, 2023
Samia v. U.S.
Admission of driver's confession in joint murder-for-hire trial did not violate the shooter's Confrontation Clause rights because it was altered to include neutral references to some "other person."
Criminal Law and Procedure USSC Jun. 26, 2023
Davis v. Cranfield Aerospace Solutions, Ltd.
Idaho District Court lacked personal jurisdiction over English aerospace company in an action brought by plaintiffs from Louisiana and Indiana stemming from a plane crash that occurred in Indiana.
Civil Procedure 9th Jun. 26, 2023
Minser v. Collect Access, LLC
Debt collector violated the Rosenthal Act where it attempted to collect a judgment without taking reasonable efforts that would have revealed the debtor had not received service of process.
Consumer Law 2DCA/1 Jun. 23, 2023
Arizona v. Navajo Nation
Despite implicitly reserving water rights for Navajo Tribe, 1868 Treaty did not establish judicially enforceable duty for the United States to take affirmative steps to secure water for the Tribe.
Native American Affairs USSC Jun. 23, 2023
Jones v. Hendrix
The savings clause of 18 U.S.C. Section 2255 does not allow a prisoner to file a successive Section 2241 habeas corpus petition based on new interpretation of a criminal statute.
Prisoners' Rights USSC Jun. 23, 2023
Yegiazaryan v. Smagin
Plaintiff pursuing private action under RICO statute sufficiently alleged a domestic injury where the alleged circumstances surrounding the injury indicated it arose in the United States.
Torts USSC Jun. 23, 2023