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Name Category Published
Risperdal and Invega Cases
State-law failure-to-warn claims concerning prescription drugs are preempted only where there is clear evidence that FDA would have rejected proposed label change.
Torts 2DCA/3 Jun. 5, 2020
National Family Farm Coalition v. U.S. Environmental Protection Agency
Substantial evidence did not support EPA's decision to grant registration for dicamba herbicides as required under Federal Insecticide, Fungicide, and Rodenticide Act.
Environmental Law 9th Jun. 5, 2020
Roy v. Barr
Petitioner failed to establish equal protection violation with respect to 8 U.S.C. Section 1432(a)(3), the applicable derivative-citizenship statute.
Immigration 9th Jun. 5, 2020
Rubinstein v. Fakheri
The fact that companies' corporate powers were suspended at time of assignment did not affect assignee's standing to sue.
Contracts 2DCA/2 Jun. 4, 2020
Jarboe v. Hanlees Auto Group
Company affiliation and relatedness of arbitrable claims alone do not establish third-party beneficiary relationships or compel application of equitable estoppel.
Arbitration 1DCA/3 Jun. 4, 2020
People v. Tarkington
If petitioner is ineligible for resentencing under Senate Bill No. 1437, their requested appointment of counsel is not required.
Criminal Law and Procedure 2DCA/3 Jun. 4, 2020
In re B.P.
Orders issued before dispositional order on Welfare and Institutions Code Section 342 petition are interlocutory and not appealable.
Dependency 2DCA/8 Jun. 4, 2020
Hernandez v. Dept. of Motor Vehicles
Under Vehicle Code Section 13365 DMV must receive express notification of violation of Misdemeanor Statute before suspending driver's licenses.
statutory_interpretation 1DCA/5 Jun. 4, 2020
N.L. v. Credit One Bank
Companies calling customers without consent with the intent to call previous consenting customers are not exempt from TCPA liability.
Consumer Law 9th Jun. 4, 2020
Brady v. AutoZone Stores
When class representative voluntarily settles his individual claims, he must do more than expressly leave class claims unresolved to avoid mootness.
Civil Procedure 9th Jun. 4, 2020
The California Gun Rights Foundation v. Superior Court (Dept. of Justice)
CPRA Section 6259 does not limit jurisdiction over CPRA dispute to superior court of county where disputed records are located.
Civil Procedure 2DCA/3 Jun. 3, 2020
McGee v. Torrance Unified School District
Completion of public works project moots challenges to validity of contracts under which project was carried out.
Civil Procedure 2DCA/8 Jun. 3, 2020
Owens v. City of Oakland Housing, Residential Rent
Single-family homeowner renting out rooms to multiple persons transforms single-unit dwelling into multi-unit dwelling; thus, that portion of home is not exempt from local rent regulations.
Real Property 1DCA/3 Jun. 3, 2020
In re Volkswagen "Clean Diesel" Marketing, Sales Practices, and Products Liability Litigation
Congress intended to allow states to enforce anti-tampering rules related to post-sale vehicles, and such rules are not impliedly preempted.
Environmental Law 9th Jun. 3, 2020
Harris v. University Village Thousand Oaks, CCRC, LLC
Statutory scheme for continuing care residential communities does not conflict with arbitration provisions of Civil Code Section 1953.
Arbitration 2DCA/6 Jun. 3, 2020
Kon v. City of Los Angeles
Plaintiff's conviction of disturbing the peace did not bar his suit for excessive force, because there was no inconsistency between the two cases.
Civil Procedure 2DCA/8 Jun. 3, 2020
Wicks v. Antelope Valley Healthcare Dist.
Hospital was not liable for negligence of doctors because evidence showed decedent was notified that physicians were not hospital employees.
Torts 2DCA/8 Jun. 3, 2020
Lepe Moran v. Barr
Petitioner's conviction for felony vehicular flight from pursuing police car while driving against traffic is categorically a crime involving moral turpitude that made him removable.
Immigration 9th Jun. 3, 2020
Grigoryan v. Barr
Government violated petitioners' due process rights by failing to provide them full and fair opportunity to rebut government's fraud allegations.
Immigration 9th Jun. 3, 2020
Jarchow v. State Bar of Wisconsin
Order
USSC Jun. 2, 2020
Furlow v. U.S.
Order
USSC Jun. 2, 2020
Nasrallah v. Barr
8 U.S.C. Sections 1252(a)(2)(C) and (D) do not preclude judicial review of noncitizen's factual challenges to Convention Against Torture order.
Immigration USSC Jun. 2, 2020
Thole v. U. S. Bank N. A.
Participants in defined-benefit retirement plan lacked standing under Employee Retirement Income Security Act because they did not have concrete stake in lawsuit.
Constitutional Law USSC Jun. 2, 2020
Banister v. Davis
Habeas courts must entertain Rule 59(e) motions as attendant to initial habeas application, rather than dismiss them as successive.
Criminal Law and Procedure USSC Jun. 2, 2020
Financial Oversight and Management Bd. for Puerto Rico v. Aurelius Investment, LLC
Financial Oversight and Management Board members' selection was not subject to constraints of Appointments Clause because members had primarily local duties.
Constitutional Law USSC Jun. 2, 2020
GE Energy Power Conversion France SAS v. Outokumpu Stainless USA, LLC
Nothing in text of Convention on the Recognition and Enforcement of Foreign Arbitral Awards conflicted with application of domestic law.
statutory_interpretation USSC Jun. 2, 2020
People v. Best
Defendant's lack of knowledge of criminal law and courtroom procedure was not a basis to deny the right to self-representation.
Criminal Law and Procedure 1DCA/4 Jun. 2, 2020
Modification: People v. Son
Imposing court assessments without first giving defendant opportunity to request ability to pay hearing is unconstitutional.
Criminal Law and Procedure 5DCA Jun. 2, 2020
In re Richard R. Lane
Bankruptcy court could not void lien when claim relating to lien was disallowed because creditor who filed proof of claim did not prove that it was entitled to enforce debt.
Bankruptcy 9th Jun. 2, 2020
People v. Duarte-Lara
'People v. Mayberry' instructions are not warranted unless defendant's mistake of consent was subjectively and objectively reasonable under circumstances.
Criminal Law and Procedure 1DCA/3 Jun. 1, 2020