Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
14-71180
|
Barnes v. Federal Aviation Administration
Opponents of new runway construction at Oregon airport unsuccessful in obtaining petition for review of FAA’s finding that runway would have no significant impact on environment. |
Administrative Agencies |
|
R. Clifton | Aug. 4, 2017 |
15-35088
|
Lamear v. Berryhill
Administrative law judge must ask expert to reconcile apparent conflicts between expert’s testimony and requirements listed in the ‘Dictionary of Occupational Titles.’ |
Administrative Agencies |
|
J. Owens | Aug. 2, 2017 |
D069557
|
Murphey v. Shiomoto
Suspension of DUI arrestee’s driver’s license reinstated after trial court committed reversible error in determining arresting officer’s reports inadmissible and granting driver’s writ petition. |
Administrative Agencies |
|
C. Aaron | Jul. 31, 2017 |
14-70339
|
Martinez v. Sessions
Where the statutory definition of finality provides no conclusive answer, a Board of Immigration Appeals order is the final administrative order for the purposes of filing a petition for review where petitioner is subject to ‘conflicting and confusing ’ circumstances. |
Administrative Agencies |
|
J. Soto | Jul. 21, 2017 |
15-16277
|
Trevizo v. Berryhill
Administrative law judge erroneously denies disability claimant’s application for benefits by giving ‘little credit’ to treating physician’s uncontradicted medical opinion without providing specific, legitimate reasons. |
Administrative Agencies |
|
K. Wardlaw | Jul. 11, 2017 |
A149861
|
Grist Creek Aggregates LLC v. Superior Court (Mendocino County Air Quality Management District)
Demurrer erroneously sustained on grounds that agency's tie vote resulted in 'no action' and, therefore, immune from review. |
Administrative Agencies |
|
J. Humes | Jun. 19, 2017 |
H043476
|
The Rossdale Group v. Walton
Plaintiff's use of fictitious name does not raise standing or jurisdictional issues that would warrant dismissal of malicious prosecution action on such grounds. |
Administrative Agencies |
|
C. Rushing | Jun. 19, 2017 |
D070486
|
People v. Alford
Defendant unsuccessful in challenging imposition of penalty statutes on top of statutory assessments for criminal laboratory analysis and drug program fees. |
Administrative Agencies |
|
J. Haller | Jun. 19, 2017 |
15-56011
|
Snyder & Associates Acquisitions LLC v. United States
IRS not immune from liability for suit in connection with sting operation filed by tax businesses where IRS did not engage in tax assessment or collection. |
Administrative Agencies |
|
M. Christen | Jun. 19, 2017 |
14-50585
|
U.S. v. Kleinman
Defendant unsuccessful in challenging convictions relating to conspiracy to distribute marijuana arising out of purported medical marijuana collective. |
Administrative Agencies |
|
M. Smith | Jun. 19, 2017 |
D071620
|
A.G., a Minor
Agency fails to provide deported father with reasonable reunification services where visitation services and parenting programs were otherwise available to him. |
Administrative Agencies |
|
T. O'Rourke | Jun. 19, 2017 |
A146330
|
Hilliard v. Harbour
Demurrer properly sustained in elder abuse action on grounds plaintiff lacks standing, where plaintiff's claims are derivative of those of his companies. |
Administrative Agencies |
|
J. Kline | Jun. 19, 2017 |
15-1194
|
Packingham v. North Carolina
North Carolina law broadly prohibiting registered sex offenders from posting on social networking sites struck down on First Amendment grounds. |
Administrative Agencies |
|
A. Kennedy | Jun. 19, 2017 |
16-5294
|
McWilliams v. Dunn
Access to mental health expert who is sufficiently available to indigent defendant's defense under 'Ake v. Oklahoma' requires more than providing defendant with neuropsychological examination. |
Administrative Agencies |
|
S. Breyer | Jun. 19, 2017 |
15-1293
|
Matal v. Tam
Even under looser commercial-speech test, Disparagement clause violates First Amendment Free Speech Clause because it is not narrowly drawn to serve substantial governmental interest. |
Administrative Agencies |
|
S. Alito | Jun. 19, 2017 |
16-466
|
Bristol-Myers Squibb Co. v. Superior Court (Anderson)
California lacks jurisdiction to preside over nonresidents' claims against Bristol-Myers over claims involving the drug Plavix. |
Administrative Agencies |
|
S. Alito | Jun. 19, 2017 |
16-1116
|
Jenkins v. Hutton
Reversal required where Sixth Circuit is wrong to reach merits of habeas petitioner's claim challenging death sentence. |
Administrative Agencies |
|
P. Curiam (USSC) | Jun. 19, 2017 |
S099274
|
People v. Brooks
Failure to instruct on independent felonious purpose rule is error but does not require reversal of death judgment given valid torture-murder special-circumstance finding. |
Administrative Agencies |
|
T. Cantil-Sakauye | Jun. 19, 2017 |
15-50459
|
U.S. v. Cervantes
Warrantless, suspicionless search of hotel room rented by defendant on 'mandatory supervision' does not violate Fourth Amendment, where such supervision is akin to parole. |
Administrative Agencies |
|
P. Watford | Jun. 19, 2017 |
15-15030
|
Guido v. Mount Lemmon Fire District
Contrary to four other circuits' holdings, Age Discrimination in Employment Act applies to political subdivision of state, whether or not that subdivision, here a fire district, has 20 or more employees. |
Administrative Agencies |
|
D. O'Scannlain | Jun. 19, 2017 |
S078895
|
People v. Sivongxxay
On automatic appeal from judgment of death, defendant unsuccessful in challenging sentence based on invalid waiver of jury trial. |
Administrative Agencies |
|
T. Cantil-Sakauye | Jun. 19, 2017 |
G052603
|
Zubillaga v. Allstate Indemnity Co.
Genuine dispute rule does not relieve insurer from its obligation to thoroughly and fairly investigate insured's claim, warranting reversal of summary judgment in insurer's favor. |
Administrative Agencies |
|
D. Thompson | Jun. 19, 2017 |
A147540
|
Kao v. Joy Holiday
Alien-employee, who worked for employer for a time without work permit, wins reversal of judgment in employer's favor on statutory wage claims. |
Administrative Agencies |
|
S. Pollak | Jun. 18, 2017 |
S232582
|
Ryan v. Rosenfeld
Order denying motion to vacate final judgment is appealable even if it raises issues that could have been litigated via appeal of the judgment. |
Administrative Agencies |
|
M. Cuéllar | Jun. 16, 2017 |
D069798
|
Plantier v. Ramona Municipal Water District
Commercial business owners need not exhaust administrative remedies before bringing suit challenging water district's method of calculating wastewater fees, warranting reversal of judgment favoring agency. |
Administrative Agencies |
|
Jun. 13, 2017 | |
16-529
|
Kokesh v. SEC
Claims for disgorgement in SEC enforcement actions are subject to 28 U.S.C. Section 2462's five-year limitations period because disgorgement claims operate as penalty. |
Administrative Agencies |
|
Jun. 5, 2017 | |
15-15542
|
D.L. v. United States
After plaintiff quickly and voluntarily dismisses complaint against federal employee, then pursues administrative remedies, dismissal improper when plaintiff re-adds federal employee to complaint. |
Administrative Agencies |
|
Jun. 5, 2017 | |
D070561
|
Pacific Bay Recovery Inc. v. California Physicians’ Services Inc.
Demurrer properly sustained without leave to amend where nonemergency care rendered by out-of-network service provider was limited by terms of applicable evidence of coverage. |
Administrative Agencies |
|
Jun. 2, 2017 | |
S224472
|
Dhillon v. John Muir Health
A trial court's order on a petition for writ of administrative mandamus that remands matter to administrative body is appealable. |
Administrative Agencies |
|
May 26, 2017 | |
15-1500
|
Lewis v. Clarke
Tribal sovereign immunity does not bar individual-capacity damages against tribal employee for tort committed within scope of his employment. |
Administrative Agencies |
|
Apr. 26, 2017 |