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Name Category Published
Wildearth Guardians v. U.S. Forest Service
Environmental groups lacked standing where they could not demonstrate possible lethal removal of wolves from Colville Forest was traceable to U.S. Forest Service, which neither regulated nor performed removals. 		Civil Procedure 9th Jun. 15, 2023
U.S. v. Lucas
Finding that defendant's firearm could accept a large capacity magazine, which subjected him to a sentence enhancement with an extremely disproportionate impact, was not supported by clear and convincing evidence. 		Criminal Law and Procedure 9th Jun. 15, 2023
People v. Waqa
Opinion 		1DCA/1 Jun. 14, 2023
People v. Waqa
Evidence that was insufficient to support defendant's enhanced sentence for aggravated kidnapping was still sufficient to support an enhanced sentence for the lesser included offense of simple kidnapping. 		Criminal Law and Procedure 1DCA/1 Jun. 15, 2023
U.S. Securities & Exchange Commission v. Husain
Summary judgment and imposition of $1,757,000 civil penalty were inappropriate where genuine issues of material fact existed as to the amount of the defendant's gross pecuniary gain and scienter. 		Securities 9th Jun. 14, 2023
U.S. v. PetroSaudi Oil Services
Funds held in account controlled by High Court of England and Wales were not shielded by Foreign Sovereign Immunities Act because privately-owned corporate entity still retained ownership of the funds. 		Civil Procedure 9th Jun. 14, 2023
U.S. v. Alaniz
Sentencing enhancement for possessing a firearm during the commission of felony offense was constitutional because it was consistent with this Nation's historical tradition of regulating the right to bear arms. 		Criminal Law and Procedure 9th Jun. 14, 2023
Grabowski v. Arizona Board of Regents
University athlete's Title IX harassment claim required allegations that specifically established a link between teammates' severely bullying behavior based on his perceived sexual orientation and resultant missed educational opportunities. 		Education 9th Jun. 14, 2023
Donovan v. Vance
Federal employees' and contractors' challenge to Executive Orders mandating COVID-19 vaccines was moot since recent Executive Order explicitly revoked the challenged Orders. 		Civil Procedure 9th Jun. 14, 2023
Claremont Canyon Conservancy v. Regents of the University of California
Environmental impact report for vegetation removal projects at the University of California, Berkeley was sufficiently specific since it allowed the public to understand the projects' environmental consequences. 		Environmental Law 1DCA/3 Jun. 13, 2023
Evans v. McCallister
Chapter 13 Trustee was not entitled to any fees from funds paid pursuant to a proposed bankruptcy plan when the Chapter 13 case was dismissed before the plan was confirmed. 		Bankruptcy 9th Jun. 13, 2023
Coalition for Historical Integrity v. City of San Buenaventura
No CEQA violation where city found statue not historically significant, as a report plus finding that it was less than 40 years old rebutted presumption of its historical significance. 		Environmental Law 2DCA/6 Jun. 12, 2023
Mohler v. County of Santa Clara
County's allowance of local airport's disrepair did not fall within Code of Civil Procedure Section 526a's restrictive meaning of wasteful expenditure. 		Government 6DCA Jun. 12, 2023
Raju v. Superior Court
Plaintiffs sufficiently alleged a taxpayer cause of action based upon the court's asserted violations of statutes that require expediting and prioritizing criminal proceedings. 		Civil Procedure 1DCA/4 Jun. 12, 2023
Modification: In re S.F
Child was improperly removed from father's physical custody when presented evidence could not meet heightened standard required for removal. 		Dependency 1DCA/1 Jun. 12, 2023
Ybarra v. Gittere
Defendant sentenced to die was not intellectually disabled because the IQ evidence portrayed him as someone with intelligence that was not significantly subaverage. 		Criminal Law and Procedure 9th Jun. 12, 2023
McGinity v. The Procter & Gamble Co.
Reasonable consumer would not have been deceived by ambiguous front label on products where the back labels both clarified the front label's meaning and provided an ingredients list. 		Consumer Law 9th Jun. 12, 2023
Tulare Lake Canal Co. v. Stratford Public Utility District
Failure to comply with California Environmental Quality Act requirements can create a lack of information which harms the public interest in informed decisionmaking and, consequently, can support granting a preliminary injunction. 		Environmental Law 5DCA Jun. 9, 2023
Allen v. Milligan
The districting plan adopted by the State of Alabama for its 2022 congressional elections likely violates Section 2 of the Voting Rights Act. 		Government USSC Jun. 9, 2023
Dubin v. U.S.
Fraudulent Medicaid claim did not automatically equate to "aggravated identity theft." 		Health Care USSC Jun. 9, 2023
Jack Daniel's Properties, Inc. v. VIP Products LLC
While dog toy company used Jack Daniel's trademarked bottle design and logo in a humorous way, their chew toy was not an "expressive work" that avoided analysis of consumer confusion. 		Intellectual Property USSC Jun. 9, 2023
Modification: Garcia v. Superior Court (Bianco)
Peremptory challenge to judge's assignment was properly denied as untimely because habeas proceeding was a continuation of the earlier criminal action. 		Criminal Law and Procedure 4DCA/2 Jun. 9, 2023
Health and Hospital Corporation of Marion County v. Talevski
Provisions of the Federal Nursing Home Reform Act conferred individual rights that were enforceable via an action filed pursuant to 42 U.S.C. Section 1983. 		Civil Rights USSC Jun. 9, 2023
Pinson v. Carvajal
Prisoner's habeas corpus petition based on prison officials' failure to protect against COVID-19 adequately did not properly sound in habeas because it challenged the conditions of the prisoner's confinement. 		Prisoners' Rights 9th Jun. 9, 2023
People v. Wilson
Defendant's murder conviction under the felony-murder theory was upheld under the amended rule because evidence of his kidnapping and torture of the victim showed he acted with reckless indifference to human life. 		Criminal Law and Procedure CASC Jun. 9, 2023
Beebe v. Wonderful Pistachios
Electricians' evidence of substantial bird feces at job site was sufficient to show a reasonable medical probability that facility owners' conduct was a substantial factor in causing his fungal infection. 		Torts 5DCA Jun. 8, 2023
Borden v. Stiles
Summary judgment was not appropriate where there was no evidence in the record regarding the date of landlord's death--relevant as to whether tenant was in lawful occupation of the property. 		Real Property 4DCA/3 Jun. 8, 2023
Modification: Futterman v. Kaiser Foundation Health Plan, Inc.
In class action suit against Kaiser for its deficient mental health services, Kaiser members provided sufficient triable issues of fact to survive summary judgment. 		Health Care 1DCA/4 Jun. 8, 2023
VHT Inc. v. Zillow Group, Inc.
Real estate photography studio's 2,700 photos constituted individual works with separate statutory damages rather than a single compilation because they were utilized for their individual pictorial value. 		Copyright 9th Jun. 8, 2023
Sharp v. S&S Activewear, L.L.C.
Employees' sexual harassment lawsuit survived dismissal since "sexually graphic, violently misogynistic" music played daily in warehouse could constitute a hostile work environment. 		Employment Discrimination 9th Jun. 8, 2023
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