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Name Category Published
West Virginia v. EPA
Order 		USSC Oct. 18, 2024
In re: Thomas Eugene Creech
Judge should have recused herself due to her relationship with the prosecutor involved in an inmate's allegations of prosecutorial misconduct, as it created the appearance of injustice. 		Judges 9th Oct. 18, 2024
Rose Court, LLC v. Select Portfolio Servicing, Inc.
Bankruptcy court properly denied motion to amend under "two-dismissal rule" where plaintiff had previously asserted and voluntarily dismissed proposed claims in previous civil actions. 		Civil Procedure, Bankruptcy 9th Oct. 18, 2024
Montejo-Gonzalez v. Garland
Two major car accidents delaying Petitioner, who would have otherwise timely attended her immigration hearing, constituted "exceptional circumstances" meriting a reopening of her case. 		Immigration 9th Oct. 18, 2024
People v. O'Bannon
Opinion 		2DCA/3 Oct. 16, 2024
People v. O'Bannon
End date for determining Penal Code Section 1585(c)(2)(H)'s applicability to strike or dismiss defendant's prior conviction enhancements was the date defendant committed the current offense. 		Criminal Law and Procedure 2DCA/3 Oct. 17, 2024
West v. Solar Mosaic, LLC
Opinion 		2DCA/8 Oct. 16, 2024
Tuli v. Specialty Surgical Center of Thousand Oaks, LLC
Business judgment rule's conflict-of-interest exception was inapplicable given that evidence supported that company board's decision was rational and benefited the company. 		Business Law 2DCA/8 Oct. 17, 2024
West v. Solar Mosaic, LLC
Trial court properly declined to enforce arbitration provision, where plaintiff with dementia did not ratify the agreement and likely lacked the capacity to execute in the first place. 		Arbitration 2DCA/8 Oct. 17, 2024
Casun Invest, A.G. v. Ponder
District court did not err in applying Nevada's four-year statute of limitations to unjust enrichment claim concerning a California property and a Nevada LLC. 		Civil Procedure, Torts 9th Oct. 16, 2024
Howard Jarvis Taxpayers Assn. v. Powell
Public interest exemption to anti-SLAPP statute did not apply because no public interest was advanced by suing individual defendants for relief that only defendant Water District could provide. 		Anti-SLAPP, Municipal Law 4DCA/2 Oct. 15, 2024
Gorobets v. Jaguar Land Rover North America, LLC
Plaintiff's rejection of simultaneous offers to compromise warranted cost shifting where one offer was invalid but the other was valid and the plaintiff failed to achieve a more favorable judgment. 		Civil Procedure 2DCA/2 Oct. 14, 2024
U.S. v. Korotkiy
Chief Engineer of foreign-flagged ship may be held criminally liable for inaccurate records of "oily bilge water" dumping in U.S. waters. 		Maritime Law, Environmental Law 9th Oct. 14, 2024
Total Terminals International v. Director, Office of Worker's Compensation
An injured longshoreman with hearing loss in only one ear but bilateral tinnitus is properly compensated at the statutory rate for hearing loss in one ear. 		Workers' Compensation 9th Oct. 14, 2024
Ramirez v. City of Indio
City Manager was not bound by an arbitrator's findings with respect to the evidence supporting termination of a police officer under the City of Indio's Memorandum of Understanding. 		Government, Employment Law 4DCA/1 Oct. 14, 2024
Katayama v. Continental Investment Group
Trial court erred in determining that plaintiff's response to requests for admission, including waived objections, failed Code of Civil Procedure Section 2033.220 "substantial compliance" requirement. 		Civil Procedure 4DCA/3 Oct. 11, 2024
People v. SanMiguel
No substantial likelihood that peremptory challenge to juror was based on his race where trial court also observed the behaviors proffered as the basis for the challenge. 		Criminal Law and Procedure, Civil Procedure 2DCA/6 Oct. 10, 2024
Montana Medical Association v. Knudsen
The Americans With Disabilities Act does not facially preempt Montana HB 702, which prohibits discrimination based on vaccination status, in health care settings. 		Disability Discrimination, Health Care 9th Oct. 10, 2024
Save Our Capitol! v. Dept. of General Services
Senate Bill 174--which limited Plaintiffs' CEQA challenges to a project concerning changes to the State Capitol--did not violate Article IV, Section 28 of the California Constitution. 		Environmental Law, Constitutional Law 3DCA Oct. 9, 2024
Modification: Sunflower Alliance v. California Dept. of Conservation
Project to convert an oil well, which formerly pumped oil and water from an aquifer, into an injection well, which would pump excess water back into the aquifer, was a CEQA exempt negligible change. 		Environmental Law 1DCA/5 Oct. 9, 2024
Union Pacific Railroad Co. v. Superior Court (Abrams)
Landowner did not have a duty to remove tree or otherwise take protective measures to protect drivers who veered off the highway from the tree's alleged dangerous condition. 		Torts 5DCA Oct. 9, 2024
U.S. v. Elmore
Remand was necessary to allow district court to determine whether state-level murder's elements constituted a crime of violence and could serve as predicate for murder in aid of racketeering conviction. 		Criminal Law and Procedure 9th Oct. 9, 2024
Meza Diaz v. Garland
Failure to consider probative evidence establishing a nexus between harm and a petitioner's membership in a protected social group required a remand of an asylum petition. 		Immigration 9th Oct. 9, 2024
In re Complaint of Judicial Misconduct
Order 		9th Oct. 9, 2024
People v. Moseley
When sentencing qualifying veteran defendants or current military members, trial courts have mandatory statutory obligations to consider a veteran defendant's service-related post-traumatic stress disorder. 		Veterans' Affairs, Criminal Law and Procedure 4DCA/3 Oct. 9, 2024
Kramer v. Coinbase, Inc.
Trial court did not err in concluding that plaintiffs were not required to arbitrate their consumer law, public injunctive relief claims against cryptocurrency company. 		Arbitration, Consumer Law 1DCA/3 Oct. 8, 2024
Lathrop v. Thor Motor Coach, Inc.
Burden of showing forum selection clause was unreasonable was improperly placed on consumers rather than party seeking to enforce the clause where consumers' claims involved unwaivable statutory rights. 		Consumer Law, Civil Procedure 2DCA/7 Oct. 8, 2024
Liu v. Miniso Depot CA, Inc.
The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act exempts an entire case from arbitration where plaintiff asserts at least one sexual harassment claim subject to the act. 		Arbitration, Employment Law 2DCA/1 Oct. 8, 2024
People v. Dorado
Dual use of same aggravating factor to impose both full, consecutive terms for sex offenses and upper terms for those same counts was error. 		Criminal Law and Procedure 4DCA/1 Oct. 7, 2024
Yolo Land and Water Defense v. County of Yolo (Teichert Inc.)
Although petitioner elected to prepare the administrative record, County was properly awarded costs for preparing documents requested pursuant to the California Environmental Quality Act. 		Environmental Law 3DCA Oct. 7, 2024
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