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Name Category Published
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
Nguyen v. Barr
Board of Immigration Appeals properly concluded that petitioner's proposed social group comprised of 'known drug users' was not legally cognizable because it lacked particularity.
Immigration 9th Dec. 22, 2020
Amended Opinion: Smith v. Baker
Petitioner successfully argued his counsel's performance was deficient but failed to show he was prejudiced by it.
Criminal Law and Procedure 9th Dec. 22, 2020
Danville Christian Academy, Inc. v. Beshear
Order
USSC Dec. 21, 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
Dept. of Human Resources v. International Union of Operating Engineers
Arbitrator's conclusion that once employee requests purge of negative materials in personnel file, those files cannot be used to support adverse action violated public policy related to civil service employment.
Arbitration 5DCA Dec. 21, 2020
City of Fresno v. Fresno Building Healthy Communities
Trial court incorrectly concluded that the term 'local government' as used in Article XIII C, Section 2(d) of the California Constitution includes the electorate.
Government 5DCA Dec. 21, 2020
People v. Palacios
Trial court properly denied defendant's petition for resentencing under Penal Code Section 1170.95 because defendant had not established a prima facie case for relief.
Criminal Law and Procedure 4DCA/2 Dec. 21, 2020
Dr. Seuss Enterprises v. ComicMix LLC
Defendants' use of Dr. Seuss's copyrighted works, including the book 'Oh, the Places You'll Go!' was not fair use.
Copyright 9th Dec. 21, 2020
People v. Gentile
Senate Bill 1437 bars conviction of second degree murder under theory that defendant aided and abetted a crime, the natural and probable consequence of which was murder.
statutory_interpretation CASC Dec. 18, 2020
Malek Media Group LLC v. AXQG Corp.
Trial court properly confirmed arbitration award because arbitrator was not required to disclose his prior relationship with LGBTQ rights organization.
Arbitration 2DCA/3 Dec. 18, 2020
People v. Estrada
Trial court properly construed Penal Code Section 1170.91(b)(1) as applicable only to defendants serving determinate sentences; thus, defendant was ineligible for resentencing.
statutory_interpretation 1DCA/5 Dec. 18, 2020
Modification: Davis v. Fresno Unified School Dist.
Trial court erroneously interpreted plaintiff's lawsuit as exclusively 'in rem' reverse validation action.
Civil Procedure 5DCA Dec. 18, 2020
Beverly Oaks v. Blue Cross & Blue Shield
Plaintiff, an assignee of its patients, sufficiently alleged that defendant waived an anti-assignment provision in ERISA plan documents as a reason for denying the benefits claim.
Health Care 9th Dec. 18, 2020
Transunion LLC v. Ramirez
Order
USSC Dec. 17, 2020
NCAA v. Alston
Order
USSC Dec. 17, 2020
AM. Athletic Conference v. Alston
Order
USSC Dec. 17, 2020
Hipsher v. Los Angeles County Employees Retirement
Plaintiff's pension rights may properly be modified due to condition subsequent of commission of job- related felony.
Government 2DCA/4 Dec. 17, 2020
People v. Jinkins
Appeal dismissed because unauthorized sentence exception was inapplicable to defendant's factual arguments regarding ability to pay.
Criminal Law and Procedure 2DCA/5 Dec. 17, 2020
Calleros v. Rural Metro of San Diego
Appeal of class certification motion was held moot because of Proposition 11's retroactive application.
statutory_interpretation 4DCA/1 Dec. 17, 2020
People v. France
For retroactivity purposes, order placing defendant on probation with execution of sentence suspended was provisional or conditional, not final judgment; thus, Senate Bill No. 136 applied retroactively.
statutory_interpretation 1DCA/4 Dec. 17, 2020
Coast Hematology Oncology v. Long Beach Memorial Medical Center
Trial court erred in granting defendant's motion for summary judgment as to plaintiff's misappropriation of its 'physician productivity' trade secret claim.
Torts 2DCA/8 Dec. 17, 2020
Garcia v. KND Development 52, LLC
Petition to compel arbitration was properly denied because hospital failed to meet its burden in proving agent had authority to execute arbitration agreements.
Arbitration 2DCA/4 Dec. 17, 2020
People v. Koenig
Panel found harmless error in not providing mistake of law instruction to jury for defendant's omissions based on attorneys' advice.
Criminal Law and Procedure 3DCA Dec. 17, 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
Innova Solutions v. Baran
U.S. Citizenship and Immigration Services' reading of Department of Labor's Occupational Outlook Handbook was arbitrary and capricious, warranting reversal of summary judgment.
Immigration 9th Dec. 17, 2020
Attia v. Google
District court properly dismissed plaintiff's Defend Trade Secrets Act claim because defendant's patent applications containing trade secret extinguished its trade secret status.
Civil Procedure 9th Dec. 17, 2020
High Plains Harvest Church v. Polis
Order
USSC Dec. 16, 2020
People v. Hester
Dirk or dagger exemption excludes only nonlocking folding knives, non-switchblade folding knives, and pocketknives; thus, box cutter qualifies as dirk or dagger.
Criminal Law and Procedure 2DCA/8 Dec. 16, 2020
People v. Yanaga
Resentencing judge prejudicially erred by refusing to consider appellant's postjudgment rehabilitative efforts in prison after firearm enhancement was reversed and remanded to trial court.
Criminal Law and Procedure 2DCA/6 Dec. 16, 2020