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Kaweah Delta Health Care District v. Becerra
U.S. Department of Health and Human Services exceeded its statutory authority when it calculated Medicare payment wage index to help lower-income hospitals maintain medical staff.
Administrative Agencies 9th Dec. 12, 2024
Lindsay v. Patenaude & Felix
Request for monetary relief did not preclude the public interest exception to California's anti-SLAPP statute.
Anti-SLAPP 4DCA/1 Dec. 12, 2024
People v. Armas
Defendant's appeal of a probation violation finding was moot following the conclusion of probation.
Criminal Law and Procedure 4DCA/1 Dec. 12, 2024
People v. Muhammad
Defendant was ineligible for felony-murder resentencing when the record of conviction conclusively established he was convicted on the theory that he was the actual perpetrator of attempted murder.
Criminal Law and Procedure 2DCA/3 Dec. 10, 2024
People v. Billy
Repeat DUI offender was statutorily required to serve at least 180 days in county jail and could not serve that term in a residential facility.
Criminal Law and Procedure 1DCA/5 Dec. 11, 2024
Bouarfa v. Mayorkas
Federal courts do not have jurisdiction to review the Secretary of Homeland Security's revocation of a visa petition previously approved but subsequently denied due to evidence of sham marriage.
Immigration USSC Dec. 11, 2024
Hansen v. Musk
Although an arbitrator's decision cannot preclude a Sarbanes-Oxley (SOX) claim, a confirmed arbitral award can sometimes preclude re-litigation of the issues underlying a SOX claim.
Arbitration, Securities 9th Dec. 11, 2024
Napouk v. Las Vegas Metropolitan Police Dept.
A reasonable officer would find that a suspect who held a stick-shaped object and refused to comply with commands to drop his weapon posed an immediate threat.
Qualified Immunity 9th Dec. 11, 2024
Bahreman v. Allegiant Air, LLC
Collective bargaining agreement that conditioned schedule-bidding privileges on payment of union dues or agency fees did not violate the Railway Labor Act.
Labor Law 9th Dec. 11, 2024
Small v. Allianz Life Insurance
Because plaintiffs were required to show that life insurance company's statutory violation caused each class member harm, commonality requirement was not met and district court erred in certifying class.
Insurance 9th Dec. 11, 2024
Parents Protecting Our Children v. Eau Claire Area School District
Order
USSC Dec. 9, 2024
Wilson v. Hawaii
Order
USSC Dec. 9, 2024
Boston Parent Coalition for Academic Excellence Corp. v. The School Committee
Order
USSC Dec. 9, 2024
Martinez v. Zoominfo Technologies, Inc.
Order
9th Dec. 9, 2024
Camacho v. Northern Mariana Islands Settlement Fund
Order
9th Dec. 9, 2024
Modification: People v. Robinson
Grand jury was prior hearing that resentencing court could consider evidence from when determining whether petitioner was entitled to ameliorative resentencing relief for his murder conviction.
Criminal Law and Procedure, Evidence 3DCA Dec. 9, 2024
County of Los Angeles v. Superior Court (Hernandez)
County had no duty to notify relative requesting preferential consideration for minor's placement in protective custody prior that a removal order had been issued.
Dependency 2DCA/4 Dec. 9, 2024
People v. Vicencio
Out-of-state conviction for offense that had all the elements of an enumerated sexually violent offense qualified the offense as such and made criminal defendant ineligible for resentencing relief.
Criminal Law and Procedure 4DCA/2 Dec. 9, 2024
Bai v. Yip
Instead of dismissing pro se plaintiffs' complaint, trial court should have treated pro se plaintiffs' revised response to defendants' demurrer as an amended complaint.
Civil Procedure 1DCA/3 Dec. 9, 2024
People v. Hall
As children's statements made to officers investigating 911 hang-up were in response to an ongoing emergency, admission of those statements through officers' testimony did not violate Confrontation Clause.
Criminal Law and Procedure, Evidence 5DCA Dec. 9, 2024
In re T.R.
A juvenile court that selected legal guardianship as the permanent plan for a child and terminated dependency jurisdiction retained authority to ensure compliance with the Indian Child Welfare Act.
Dependency 2DCA/7 Dec. 9, 2024
Howell v. State Dept. of State Hospitals
Failure to directly address prevailing plaintiff's unopposed request for prejudgment interest required remand.
Remedies 1DCA/2 Dec. 9, 2024
Modification: Littlefield v. Littlefield
Anti-SLAPP statute mandated granting of attorney's fees where motion was frivolous, as no reasonable attorney would conclude that plaintiff's petition sought to impose liability based on any protected activity.
Anti-SLAPP 1DCA/4 Dec. 6, 2024
In re: Carole D. King
Fully secured creditors were countable creditors for determining the number of an alleged bankruptcy debtor's creditors under the involuntary petition provisions of 11 U.S.C. Section 303.
Bankruptcy BAP Dec. 6, 2024
Hughes v. Farmers Insurance Exchange
Trial court properly granted summary judgment to insurance company when insured failed to evidence that insurance company's actions created an agency relationship with independent contractor.
Insurance 2DCA/7 Dec. 5, 2024
Gordon v. Continental Casualty Co.
Trial court properly granted summary judgment for insurance company, which invoked a coverage exclusion for abuse or molestation.
Insurance 2DCA/7 Dec. 5, 2024
Gonzalez v. Nowhere Beverly Hills LLC
Claims against a group of related entities arose out of an employment agreement and therefore were sufficiently intertwined to merit equitable estoppel and compel arbitration.
Arbitration 2DCA/1 Dec. 5, 2024
U.S. v. Knight
District court's imposition of "no pornography" special condition for supervised release of defendant twice convicted of child pornography was not unduly restrictive nor impermissibly broad.
Criminal Law and Procedure 9th Dec. 5, 2024
U.S. v. Dorsey
Officer's lay opinion testimony regarding surveillance videos was properly admitted because it was based on personal knowledge and was helpful to the jury in determining a fact in issue.
Evidence, Criminal Law and Procedure 9th Dec. 5, 2024
U.S. v. Abouammo
Prosecution of falsifying records to obstruct a federal investigation may take place in the venue where the obstructed investigation occurred.
Criminal Law and Procedure 9th Dec. 5, 2024