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Name Category Published
People v. Schuller
Imperfect self-defense must be based on a misperception of the circumstances and cannot be based purely on delusions.
Criminal Law and Procedure 3DCA Nov. 11, 2021
Miller v. Sawant
Dismissal was improper in a defamation suit because it was plausible that statements about the police were "of and concerning" plaintiff officers in particular.
Torts 9th Nov. 11, 2021
Fordley v. Lizarraga
A prison's failure to respond to an inmate's grievance rendered the administrative appeals process "unavailable" under the Prison Litigation Reform Act.
Prisoners' Rights 9th Nov. 11, 2021
Kremerman v. White
Establishing personal jurisdiction requires strict compliance with statutory requirements regarding service of process.
Civil Procedure 2DCA/8 Nov. 10, 2021
In re Josiah T.
Termination of parental rights was reversed when the Department of Children and Family Services failed to fulfill its inquiry and disclosure duties under the Indian Child Welfare Act.
Juveniles 2DCA/8 Nov. 10, 2021
Y.C. v. Superior Court (People)
Statements taken in violation of the Fifth and Sixth Amendments could not be sealed merely to protect privacy.
Constitutional Law 1DCA/4 Nov. 10, 2021
Doe v. Garland
Plaintiff failed to state a constitutional right to privacy claim because the type of information contained in government press releases did not implicate his constitutional privacy rights.
Constitutional Law 9th Nov. 10, 2021
Amended Opinion: Guerrier v. Garland
'DHS v. Thuraissigiam' abrogated 'colorable constitutional claim' exception to statutory limits on court's jurisdiction to review challenges to expedited removal orders.
Immigration 9th Nov. 10, 2021
People v. Cuadra
Plaintiff raising his hands in the air and questioning why he was being detained demonstrated submission to a show of authority.
Criminal Law and Procedure 2DCA/8 Nov. 9, 2021
People v. Revels
Jurors' impartiality was not an issue where a testifying doctor provided minor assistance to an alternate juror.
Criminal Law and Procedure 3DCA Nov. 9, 2021
WhatsApp Inc. v. NSO Group Technologies
A corporation was not entitled to the protection of foreign sovereign immunity under the Foreign Sovereign Immunity Act.
Immunity 9th Nov. 9, 2021
U.S. v. Prasad
Amount forfeited from fraudulent visa scheme correctly includes all proceeds obtained from the illegal activity and not just the profits after accounting for costs.
Criminal Law and Procedure 9th Nov. 9, 2021
Montana Green Party v. Jacobsen
Montana's geographic distribution requirement under its primary ballot access scheme violated the "one person, one vote" principle in the Equal Protection Clause of the Fourteenth Amendment.
Constitutional Law 9th Nov. 9, 2021
Amended Opinion: Steinle v. U.S.
Several intervening acts preceding fatal incident were too remote to establish proximate causation.
Torts 9th Nov. 9, 2021
Amended Opinion: Inland Empire Waterkeeper v. Corona Clay
Because a failure to provide information about pollutant discharge violations could increase the risk of harm to recreational users of a nearby river, plaintiffs had standing to bring suit.
Environmental Law 9th Nov. 8, 2021
Acres Bonusing Inc. v. Marston
Tribal sovereign immunity did not apply because plaintiff sought money damages from the defendants in their individual capacities.
Immunity 9th Nov. 8, 2021
Long Beach Memorial Medical v. Kaiser Foundation Health Plan
The recognition of a new intentional tort of inadequately reimbursing a hospital was at odds with the purposes of the Knox-Keene Act.
Health Care 2DCA/2 Nov. 5, 2021
South Coast Air Quality Management Dist. v. City of Los Angeles
Trial court properly denied union's intervention when union's interests were already represented and its involvement would complicate an already complicated case.
Civil Procedure 2DCA/8 Nov. 5, 2021
Letgolts v. David H. Pierce & Assoc.
Despite attorney's sluggishness with a suit, there was no legal malpractice because the underlying claim would not have prevailed.
Attorneys 2DCA/8 Nov. 4, 2021
Quebrado Cantor v. Garland
Continuous presence requirement to be eligible for cancellation of removal is not stopped by a final order of removal.
Immigration 9th Nov. 4, 2021
Martinez-Gonzalez v. Elkhorn Packing
Asking a farm laborer to sign an arbitration agreement after he had already traveled from Mexico, was living in company housing, and had started work was not economic duress.
Arbitration 9th Nov. 4, 2021
Farmland Protection Alliance v. County of Yolo
A trial court did not have the authority under the California Environmental Quality Act to split a project's impact analysis across two types of environmental review documents.
Environmental Law 3DCA Nov. 4, 2021
Chase v. Wizmann
Compliance with municipal noise ordinances does not automatically immunize a defendant from traditional nuisance liability.
Torts 2DCA/2 Nov. 3, 2021
In re D.M.
A matter involving the termination of parental rights was remanded to consider the parental-benefit exception.
Family Law 2DCA/8 Nov. 3, 2021
Doe v. Superior Court (Mountain View School District)
Evidence Code Section 1106 bars evidence of victim's prior sexual abuse.
Evidence 2DCA/2 Nov. 3, 2021
Mitchell v. Los Robles Regional Medical Center
Plaintiff's complaint was time-barred because it alleged a cause of action for professional negligence, rather than general negligence or premises liability.
Torts 2DCA/6 Nov. 3, 2021
Coonce v. U.S.
Order
USSC Nov. 2, 2021
ACLU v. U.S.
Order
USSC Nov. 2, 2021
Simmons v. U.S.
Order
USSC Nov. 2, 2021
Roman Catholic Diocese v. Emami
Order
USSC Nov. 2, 2021