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Food and Drug Administration v. Alliance for Hippocratic Medicine
Anti-abortion doctors and medical associations were wholly without standing to challenge Food and Drug Administration regulations regarding abortive medication that did not regulate their actions.
Civil Procedure USSC Jun. 14, 2024
Modification: Lorch v. Superior Court (Kia Motors America, Inc.)
Petitioner's peremptory challenge to judge reassigned to her case filed before trial began was timely where the parties were notified of the reassignment via telephone call from the court clerk.
Civil Procedure 4DCA/1 Jun. 6, 2024
Eagle Fire and Water Restoration, Inc. v. City of Dinuba et al.
Trial court retained jurisdiction to enforce settlement agreement because cross-complaint had not been dismissed yet and, therefore, the case remained "pending litigation."
Civil Procedure 5DCA May 31, 2024
San Diego Unified School Dist. v. Superior Court (John Doe D.Y.)
Section 340.1 (childhood sexual assault) ruling that case could proceed against defendant was not a merits-based fact determination for purposes of a Section 170.6 judicial peremptory challenge.
Civil Procedure 4DCA/1 May 30, 2024
Simple Avo Paradise Ranch, LLC v. Southern Cal. Edison Co.
Current case law prevented appellate court from ceasing defendant's questionable tactic in brokering a stipulated judgment with one of hundreds of plaintiffs to facilitate appeal of unfavorable ruling.
Civil Procedure 2DCA/7 May 28, 2024
Campbell v. Los Angeles Unified School Dist.
Appellant failed to meet burden of showing evidence was insufficient to support outcome below because her opening brief did not provide appropriate citations to the administrative record.
Civil Procedure 2DCA/8 May 24, 2024
Marriage of Moore
Trial court improperly included mediation-related fees and costs incurred after filing a motion to compel in sanctions award, which were not reasonably incurred as a part of bringing the motion.
Civil Procedure 1DCA/3 May 23, 2024
Campbell v. Los Angeles Unified School Dist.
Sustaining demurrer without leave to amend was appropriate where plaintiff failed to present her claim to school district as required by the Government Code before filing her lawsuit.
Civil Procedure 2DCA/8 May 22, 2024
Lorch v. Superior Court (Kia Motors America, Inc.)
Petitioner's peremptory challenge to judge reassigned to her case filed before trial began was timely where the parties were notified of the reassignment via telephone call from the court clerk.
Civil Procedure 4DCA/1 May 20, 2024
Harrow v. Department of Defense
Statutory 60-day deadline for bringing petitions for judicial review of decisions by the Merit Systems Protection Board was nonjurisdictional requirement that may be subject to equitable tolling.
Civil Procedure USSC May 17, 2024
Malmquist v. City of Folsom
Trial court did not abuse its discretion in determining that individual interests predominated where expert evidence showed that at least some class members' pipe leaks were from poor workmanship rather than defendant's pH control.
Civil Procedure 3DCA May 16, 2024
Save the Capitol, Save the Trees v. Dept. of General Services
Trial court erred by discharging preemptory writ of mandate without first determining whether defendant remedied CEQA compliance issues previously identified by the Court of Appeal.
Environmental Law, Civil Procedure 3DCA May 16, 2024
Warner Chappell Music, Inc. v. Nealy
Copyright plaintiffs may recover damages for acts that allegedly occurred more than three years before the filing of the lawsuit if the claims are timely filed.
Copyright, Civil Procedure USSC May 10, 2024
Bafford v. Administrative Committee of the Northrop Grumman Pension Plan
An ERISA plan administrator's duty to provide pension benefit statements is not met if the provided statements are substantially inaccurate.
Employment Law, Civil Procedure 9th May 10, 2024
Public Employees Retirement Association of New Mexico v. Earley
Staying securities fraud proceedings as to individual defendants during corporate Chapter 11 proceedings for judicial efficiency was inappropriate without weighing potential prejudice to shareholder plaintiffs in the fraud action.
Civil Procedure, Bankruptcy 9th May 6, 2024
Douglas Pell v. Amy Nunez
Law student failed to state a cognizable deprivation of rights under federal law because State Bar's action was merely advisory and without legal significance until approved by California Supreme Court.
Attorneys, Civil Procedure 9th May 1, 2024
Vines v. O'Reilly Auto Enterprises
Trial court erred in granting interest on attorneys' fees award from the date of the original judgment, rather than the new judgment after reversal on appeal.
Civil Procedure 2DCA/7 Apr. 25, 2024
Lytle v. Nutramax Laboratories,Inc.
At the class certification stage, plaintiffs may use a reliable, unexecuted damages model to show that damages are susceptible to common proof.
Civil Procedure, Consumer Law 9th Apr. 23, 2024
U.S. v. Allahyari
Decision was not appealable because the party's rights had not been sufficiently settled after the district court entered a tentative agreement as to the value of a deed.
Civil Procedure 9th Apr. 18, 2024
Santa Clarita Valley Water Agency v. Whittaker Corporation
District court did not abuse its discretion by allowing water agency to assert legal theory at trial not included in Federal Rule of Civil Procedure 26 because it did not involve evidence.
Civil Procedure 9th Apr. 16, 2024
Casola v. Dexcom, Inc.
For removability, an electronically submitted complaint is not "filed" in California state court until it is acknowledged as officially filed by the court clerk.
Civil Procedure 9th Apr. 11, 2024
Sikousis Legacy, Inc., V. B-Gas Limited et al
District court did not abuse its discretion in vacating a pre-judgment attachment of a vessel because plaintiffs failed to show reasonable probability of success on their corporate veil-piercing theory.
Civil Procedure 9th Mar. 26, 2024
Grant v. City of Long Beach
Appeal was dismissed because appellant's opening brief contained material misstatements of the facts and holdings of cases cited as authority and cited apparently nonexistent cases.
Civil Procedure 9th Mar. 25, 2024
DZ Reserve v. Meta Platforms, Inc.
Meta's alleged misrepresentations about the potential advertising reach of its platform constituted a common course of conduct for the alleged consumer class.
Civil Procedure 9th Mar. 22, 2024
Modification: Wood v. San Francisco Superior Court
Because the name change would not create confusion or defraud, trial court erred in disallowing plaintiff to change her name to "Candi Bimbo Doll."
Civil Procedure 1DCA/2 Mar. 20, 2024
Federal Bureau of Investigation v. Fikre
U.S. government failed to show that its action of not relisting individual on the No Fly List would meet stringent standard necessary to moot case based on voluntary cessation.
Civil Procedure USSC Mar. 20, 2024
Wood v. San Francisco Superior Court
Because the name change would not create confusion or defraud, trial court erred in disallowing plaintiff to change her name to "Candi Bimbo Doll."
Civil Procedure 1DCA/2 Mar. 18, 2024
Jackson v. Lara
Interim adverse judgment rule applied to malicious prosecution claim since trial court previously found evidence of battery sufficient to deny plaintiff's motion for acquittal.
Civil Procedure 4DCA/1 Mar. 11, 2024
Hee Shen Cemetery v. Yeong Wo Assn.
Substantial evidence did not show that private voluntary association unreasonably construed a plain and unambiguous provision in its bylaws so judicial intervention was not appropriate.
Civil Procedure 1DCA/2 Mar. 7, 2024
Jones v. Riot Hospitality Group
Terminating sanctions were appropriate where plaintiff took affirmative steps to coordinate deletion of text messages between her and coworkers with the intent to deprive the defendant of their use.
Civil Procedure 9th Mar. 6, 2024