| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
B266421
|
Johnson v. Superior Court (People)
People failed to carry heavy burden of overcoming presumption of vindictiveness for three of the four additional charges filed against defendant following successful appeal. |
Administrative Agencies |
|
Oct. 30, 2016 | |
|
C081373
|
Agricultural Labor etc. Board v. Superior Court
Attorney-client relationship exists between Cal. Agricultural Labor Relations Board and Board's general counsel; communications between parties in advance of injunction action protected from PRA request. |
Administrative Agencies |
|
Oct. 26, 2016 | |
|
B259926
|
Walmart Stores Inc. v. United Food and Commercial Workers International Union
National Labor Relations Act does not preempt Walmart's trespass action against union for staging disruptive demonstrations inside Walmart stores. |
Administrative Agencies |
|
Oct. 17, 2016 | |
|
C078158
|
California Public Records Research v. County of Yolo
Official records copying fee structure may include consideration of broader office overhead as 'indirect cost' under Gov. Code Section 27366. |
Administrative Agencies |
|
J. Renner | Oct. 16, 2016 |
|
D068516
|
Hall v. Superior Court (Dept. of Motor Vehicles)
Driver entitled to new DMV hearing after DMV officer who upheld license revocation pleaded guilty to corruption, evidencing 'intolerably high risk of bias.' |
Administrative Agencies |
|
Sep. 29, 2016 | |
|
14-35928
|
United Cook Inlet Drift Association v. National Marine Fishery Service
Delegation to state of management of fishery requiring conservation must be included in Fishery Management Plan by National Marine Fishery Service under Magnuson-Stevens Act. |
Administrative Agencies |
|
Sep. 21, 2016 | |
|
15-35738
|
J.E.F.M. v. Lynch
District court lacks jurisdiction to hear class complaint claiming violation of due process due to lack of counsel for immigration removal proceedings. |
Administrative Agencies |
|
Sep. 20, 2016 | |
|
F071533
|
Freitas v. Shimoto
Uncontroverted expert testimony regarding unreliability of method employed to determine driver's blood alcohol concentration warrants reversal of suspension of driver's license. |
Administrative Agencies |
|
Sep. 15, 2016 | |
|
14-71512
|
Fenske v. Service Employees International Inc.
Government contractor injured in Iraq War may not receive concurrent payments for back injury and hearing loss where hearing loss does not precede back injury. |
Administrative Agencies |
|
Aug. 28, 2016 | |
|
A139610
|
Marin Association of Public Employees v. Marin County Employees' Retirement Association
Amendment of public employee pension plan appropriate for active workers as new system is 'reasonable' and provides 'comparable new advantages.' |
Administrative Agencies |
|
Aug. 18, 2016 | |
|
A145734
|
Aluma Systems Concrete Construction of California v. Nibbi Bros. Inc.
Demurrer erroneously sustained based on allegations in underlying lawsuit - allegations that were not determinative of contractor's claim for indemnity. |
Administrative Agencies |
|
Aug. 18, 2016 | |
|
14-72794
|
Pesticide Action Network North America v. United States EPA
Order |
Administrative Agencies |
|
Aug. 15, 2016 | |
|
13-56746
|
United States v. United Healthcare Ins. Co.
Allegation of abuse of Medicare Advantage enrollee reporting system in proposed fourth amended complaint constitutes cognizable legal theory, meriting consideration in district court. |
Administrative Agencies |
|
Aug. 11, 2016 | |
|
13-73913
|
Daniels v. Merit Systems Protection Board
Merit Systems Protection Board properly denies federal employee's petition for review for lack of jurisdiction where employee's disclosures not protected under Whistleblower Protection Act. |
Administrative Agencies |
|
Aug. 10, 2016 | |
|
14-15224
|
Pacific Dawn LLC v. Pritzker
Failure to consider present participation in fishery acceptable in creation of fishery management plan, as present participation is only one of several factors for consideration. |
Administrative Agencies |
|
Aug. 4, 2016 | |
|
B266015
|
Pirouzian v. Superior Court (Medical Board of California)
Medical board commanded to set aside order revoking license of physician who misrepresented his employment status while collecting disability benefits because punishment is excessive. |
Administrative Agencies |
|
Jul. 13, 2016 | |
|
13-17102
|
Facebook v. Power Ventures
Gathering of information from Facebook accounts violates Computer Fraud and Abuse Act due to Facebook's clear revocation of authorization via cease and desist letter. |
Administrative Agencies |
|
Jul. 13, 2016 | |
|
13-36048
|
Attmore v. Colvin
Administrative law judge errs in determining medical improvement, failing to consider broader context of progress in social security benefits case. |
Administrative Agencies |
|
Jul. 1, 2016 | |
|
12-55911
|
Cuero v. Cate
Prisoner wins resentencing after prosecution breaches written plea agreement by amending complaint before sentencing so as to subject prisoner to greater sentence. |
Administrative Agencies |
|
K. Wardlaw | Jul. 1, 2016 |
|
B259926
|
Walmart Stores Inc. v. United Food and Commercial Workers International Union
National Labor Relations Act does not preempt Walmart's trespass action against union for staging disruptive demonstrations inside Walmart stores. |
Administrative Agencies |
|
Jul. 1, 2016 | |
|
H040268
|
Seibert v. City of San Jose
Firefighter's discipline improperly overturned with respect to allegations of inappropriate touching of female coworker, but not as to 'salacious' email exchange with minor allegations. |
Administrative Agencies |
|
Jul. 1, 2016 | |
|
S066940
|
People v. Clark
Reversal of defendant's murder convictions and death sentence not warranted despite vacatur of burglary-murder and robbery-murder special circumstances. |
Administrative Agencies |
|
Jun. 27, 2016 | |
|
H040268
|
Seibert v. City of San Jose
Firefighter's discipline improperly overturned with respect to allegations of inappropriate touching of female coworker, but not as to 'salacious' email exchange with minor allegations. |
Administrative Agencies |
|
Jun. 12, 2016 | |
|
13-36025
|
Stacy v. Colvin
Denial of social security benefits proper despite administrative law judge's reexamination of claimant's ability to perform past work. |
Administrative Agencies |
|
Jun. 7, 2016 | |
|
H040268
|
Seibert v. City of San Jose
Firefighter's discipline improperly overturned with respect to allegations of inappropriate touching of female coworker, but not as to 'salacious' email exchange with minor allegations. |
Administrative Agencies |
|
Jun. 1, 2016 | |
|
15-290
|
United States Army Corps of Engineers v. Hawkes Co. Inc.
Army Corps' issuance of approved 'judicial determination' constitutes a final agency action that is judicially-reviewable under the Administrative Procedure Act. |
Administrative Agencies |
|
May 31, 2016 | |
|
13-73294
|
Chu v. U.S. Commodity Futures Trading Commission
Investor's petition for review denied where Commodity Futures Trading Commission's decision in favor of account executive at futures commission merchant supported by substantial evidence. |
Administrative Agencies |
|
May 25, 2016 | |
|
14-35583
|
Dale v. Colvin
ALJ errs in according 'limited weight' to nurse practitioner's opinion when determining whether claimant seeking supplemental security income is disabled under Social Security Act. |
Administrative Agencies |
|
May 20, 2016 | |
|
14-614
|
Hughes v. Talen Energy Marketing LLC
Maryland's energy regulatory program preempted because it impermissibly sets wholesale rate, contravening Federal Power Act's division of authority between state and federal regulators. |
Administrative Agencies |
|
Apr. 20, 2016 | |
|
13-17131
|
Animal Legal Defense Fund v. FDA
Adequate factual basis and absence of clear error compels affirmance of summary judgment in favor of FDA regarding its withholding of information under FOIA. |
Administrative Agencies |
|
Apr. 12, 2016 |