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California v. Texas
Plaintiffs lacked standing to challenge constitutionality of Patient Protection and Affordable Care Act because they had not shown injury fairly traceable to defendants' conduct enforcing minimum essential coverage provision.
Constitutional Law USSC Jun. 18, 2021
County of Los Angeles v. Superior Court (Johnson & Johnson)
Discovery order granting motion to compel production of medical records and prescription data of patients in county programs to outside entity without notice to patients established 'serious invasion of privacy.'
Constitutional Law 4DCA/1 Jun. 16, 2021
Webb v. Trader Joe's
Plaintiff's class action was expressly preempted because her state law claims would impose additional requirements that are not equivalent to federal Poultry Products Inspection Act.
Constitutional Law 9th Jun. 7, 2021
All of Us or None etc. v. Hamrick
Superior court permitting public to search its electronic court index by inputting criminal defendants' known date of birth and driver's license number constitutes violation of California Rules of Court Rule 2.507.
Constitutional Law California Court of Appeal May 28, 2021
U.S. v. Gibson
Defendant's place restriction forbidding him from visiting any place primarily used by children was not unconstitutionally vague or overbroad.
Constitutional Law 9th May 21, 2021
Witherow v. Baker
There was no precedent establishing that prison official's monitoring of inmate's legal calls with attorney representing him in civil matter violated inmate's Fourth Amendment rights; thus, qualified immunity was proper.
Constitutional Law 9th May 19, 2021
Caniglia v. Strom
Police officer's 'community caretaking function,' such as providing aid, is not an open-ended license to perform searches anywhere.
Constitutional Law USSC May 18, 2021
Amended Opinion: CFPB v. Seila Law
Although for-cause removal provision of statute establishing Consumer Financial Protection Bureau violated separation of powers, CFPB's current Director expressly ratified agency's earlier decisions after she knew she could be removed.
Constitutional Law 9th May 17, 2021
Howard Jarvis Taxpayers Association v. California Secure Choice Retirement Savings Program
CalSavers is not preempted by Employee Retirement Income Security Act because CalSavers is maintained by the State not by employers.
Constitutional Law 9th May 7, 2021
California Trucking Association v. Bonta
AB-5 does not bind, compel, or otherwise freeze into place particular price, route, or service of motor carrier; thus, it is not preempted by Federal Aviation Administration Authorization Act.
Constitutional Law 9th Apr. 29, 2021
U.S. v. Olsen
District court's interpretation of Speedy Trial Act's ends of justice provision--that continuances are appropriate only if holding a criminal jury trial would be impossible--was incorrect.
Constitutional Law 9th Apr. 27, 2021
Bafford v. Northrop Grumman
Plaintiffs' state-law professional negligence and negligent misrepresentation claims were not preempted by ERISA since they did not have 'reference to or connection with' ERISA plan.
Constitutional Law 9th Apr. 16, 2021
Tandon v. Newsom
Applicants were likely to succeed on merits of their free exercise claim with regard to California's COVID restrictions on religious gatherings; thus applicants were entitled to injunction.
Constitutional Law USSC Apr. 13, 2021
Friends of the Earth v. Sanderson Farms
Advocacy Groups did not establish organizational standing because they had not diverted resources to combat alleged false advertisements, rather, the activities were continuations of their ongoing work.
Constitutional Law 9th Apr. 1, 2021
Modification: Valley Baptist Church v. City of San Rafael
California's constitutional religious exemption did not extend to non ad valorem special property taxes.
Constitutional Law 1DCA/1 Mar. 24, 2021
Uzuegbunam v. Preczewski
A request for nominal damages satisfies the redressability element necessary for Article III standing where plaintiff's claim is based on a legal right violation.
Constitutional Law USSC Mar. 9, 2021
Valley Baptist Church v. City of San Rafael
California's constitutional religious exemption did not extend to non ad valorem special property taxes.
Constitutional Law 1DCA/1 Mar. 2, 2021
Modification: Midway Venture LLC v. County of San Diego
Preliminary injunction prohibiting defendants from enforcing public health restrictions against plaintiffs was unwarranted because Regional Stay at Home Order did not implicate First Amendment.
Constitutional Law 4DCA/1 Feb. 10, 2021
Wyatt v. City of Sacramento
Using utility rates to generate funds did not violate Article XIII D Section 6(b) of the California Constitution.
Constitutional Law 3DCA Feb. 2, 2021
Midway Venture LLC v. County of San Diego
Preliminary injunction prohibiting defendants from enforcing public health restrictions against plaintiffs was unwarranted because Regional Stay at Home Order did not implicate First Amendment.
Constitutional Law 4DCA/1 Jan. 26, 2021
ARIIX LLC v. NutriSearch
Supposedly independent product reviews that have secretly rigged ratings in favor of one company in exchange for compensation qualify as commercial speech.
Constitutional Law 9th Jan. 25, 2021
Greenberg v. Target Corp.
Because structure/function claim about biotin met FDCA's requirements, plaintiff's state law claims amounted to imposition of different standards and was thus preempted.
Constitutional Law 9th Jan. 14, 2021
City of Norco v. Mugar
City's use of outside counsel on fixed hourly rate regardless of outcome, did not violate defendant's due process rights.
Constitutional Law 4DCA/2 Jan. 12, 2021
Yumori-Kaku v. City of Santa Clara
City of Santa Clara's at-large elections for office of city council violated California Voting Rights Act of 2001.
Constitutional Law 6DCA Jan. 5, 2021
John Doe #1 v. Trump
President Trump's Proclamation No. 9945, restricting immigrants' entry based on healthcare coverage, was within president's delegated authority under Immigration and Nationality Act Section 212(f).
Constitutional Law 9th Jan. 5, 2021
People v. Martinez
California Code of Regulations title 10, section 2076, which restricted bail licensees' communications, is an invalid facially overbroad regulation of speech because it only provides remote support for government's purpose.
Constitutional Law 6DCA Jan. 4, 2021
Consumer Financial Protection Bureau v. Seila Law
Although for-cause removal provision of statute establishing Consumer Financial Protection Bureau violated separation of powers, CFPB's current Director expressly ratified agency's earlier decisions after she knew she could be removed.
Constitutional Law 9th Dec. 30, 2020
Amended Opinion: Southcentral Foundation v. Alaska Native Tribal Health Consortium
Infringement of governance and participation rights was a sufficiently concrete and particularized injury in fact sufficient to confer Article III standing.
Constitutional Law 9th Dec. 22, 2020
Trump v. New York
Plaintiffs had not suffered concrete harm from President's memorandum requesting Secretary to exclude undocumented immigrants from apportionment base following census.
Constitutional Law USSC Dec. 21, 2020
Calvary Chapel Dayton Valley v. Sisolak
Plaintiff demonstrated likelihood of success on its Free Exercise claim because Nevada Directive was not narrowly tailored to serve compelling interest of slowing spread of COVID-19.
Constitutional Law 9th Dec. 17, 2020