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Garding v. Montana Dept. of Corrections
State supreme court was not unreasonable to conclude defense counsel's failure to secure an expert was a strategic decision and insufficient to support a finding of ineffective assistance of counsel.
Criminal Law and Procedure 9th Jul. 1, 2024
People v. Gonzalez
Presumption that terminally ill prisoner's sentence should be recalled could be overcome only by showing that he posed an unreasonable risk of danger to public safety in his current condition.
Criminal Law and Procedure 3DCA Jul. 1, 2024
Keeton v. Tesla
Tesla materially breached arbitration agreement by paying pre-hearing arbitration deposit three days late because CCP Section 1281.98's 30-day payment requirement must be strictly enforced.
Arbitration 1DCA/1 Jun. 28, 2024
Danielson v. County of Humboldt
Plaintiff-appellant's government tort claim for injuries cause by dog attack failed because the County had no mandatory statutory duty that it failed to discharge.
Government 1DCA/1 Jun. 28, 2024
Securities and Exchange Commission v. Jarkesy
Using the Securities and Exchange Commission's in-house adjudicatory process for federal securities fraud action that resulted in civil penalties violated defendants' Seventh Amendment right to jury trial.
Securities USSC Jun. 28, 2024
Harrington v. Purdue Pharma L.P.
Bankruptcy code does not authorize a Chapter 11 reorganization plan to include provisions that effectively seek to discharge claims against a nondebtor without the consent of affected claimants.
Bankruptcy USSC Jun. 28, 2024
Ohio v. Environmental Protection Agency
Stay of Environmental Protection Agency's enforcement of air pollution plan while States' challenge was pending should have been granted where EPA failed to reasonably explain its action.
Environmental Law USSC Jun. 28, 2024
Moyle v. U.S.
Order
USSC Jun. 28, 2024
U.S. v. Terabelian
Policy rationales underlying the fugitive-disentitlement doctrine weighed in favor of dismissing an appeal filed on behalf of a fugitive defendant following her conviction for bank and wire fraud.
Criminal Law and Procedure 9th Jun. 28, 2024
U.S. v. Sandeen
Expiration of grand jury was not a jurisdictional defect, so defendant-appellant's waiver of right to challenge conviction on any grounds effectively included the right to challenge expired grand jury's indictment.
Criminal Law and Procedure 9th Jun. 28, 2024
Rajaram v. Meta Platforms, Inc.
42 U.S.C. Section 1981 prohibits discrimination in hiring against United States citizens based on their citizenship.
Employment Discrimination, Employment Law 9th Jun. 28, 2024
Cordero-Garcia v. Garland
Petitioner could not establish difference between state definition of obstruction of justice and generic federal offense after U.S. Supreme Court held no nexus to a pending proceeding was required.
Immigration 9th Jun. 28, 2024
U.S. v. Stackhouse
Application of the federal kidnapping statute to an intrastate kidnapping was constitutional where a defendant used a cellphone in furtherance of the offense.
Criminal Law and Procedure 9th Jun. 28, 2024
In re Harris
When denying bail pursuant to the California Constitution's Article I, Section 12(b), trial courts are not limited to considering only evidence that would be admissible at a criminal trial.
Criminal Law and Procedure CASC Jun. 28, 2024
People v. Gonzalez
When contemplating the dismissal of a sentencing enhancement, the court needed to assess the danger to public safety inherent in any such dismissal based on the time of release.
Criminal Law and Procedure 4DCA/1 Jun. 28, 2024
Paleny v. Fireplace Products U.S., Inc.
Egg retrieval and freezing procedures did not qualify as a pregnancy-related medical condition or disability protected by FEHA.
Employment Discrimination, Employment Law 3DCA Jun. 28, 2024
Luo v. Volokh
Plaintiff's restraining order petition was properly stricken as a strategic lawsuit against public participation targeting defendant's writings about her history of pseudonymous litigation.
Anti-SLAPP 2DCA/1 Jun. 27, 2024
Casa Blanca Beach v. County of Santa Barbara
Homeowner association's lawsuit against county planning commission was not ripe because it failed to exhaust its administrative remedies and doing so would not be futile.
Civil Procedure, Administrative Agencies 2DCA/6 Jun. 27, 2024
Marriage of Moore
Fees and costs incurred during mediation occurring after motions to compel discovery were filed were not compensable via sanctions award because they were not costs of bringing the motions.
Civil Procedure 1DCA/3 Jun. 27, 2024
Snyder v. U.S.
18 U.S.C. Section 666 proscribes bribes to state and local officials but does not make it a crime for those officials to accept gratuities for their past acts.
Criminal Law and Procedure USSC Jun. 27, 2024
Murthy v. Missouri
Plaintiffs lacked standing to pursue Frist Amendment freedom of speech claims against social-media platforms for purported government-encouraged censorship of misinformation.
Civil Procedure USSC Jun. 27, 2024
U.S. v. Page
Statute of limitations for action to recover erroneous tax refund did not begin to run until the check clearance date because that was when the refund was made, not when the taxpayer received the check.
Tax 9th Jun. 27, 2024
Grimes v. Phillips
Testimony obtained by a jailhouse informant posing as inmate was not necessarily precluded by the Fifth Amendment, even if the suspect had invoked his right to counsel.
Criminal Law and Procedure 9th Jun. 27, 2024
Cascadia Wildlands v. Scott Timber Co.
Environmental group's 2014 anticipatory notice to logging company of Endangered Species Act litigation was adequate notice to satisfy statutory requirements and commence a citizen suit.
Environmental Law 9th Jun. 27, 2024
People v. Superior Court (Williams)
Applying the revised penalty provisions of the Three Strikes Reform Act to reduce a defendant's indeterminate life term to a determinate term when the defendant is being resentenced due to an invalid prior prison term enhancement unconstitutionally amends voter-approved provisions.
Criminal Law and Procedure 6DCA Jun. 26, 2024
Doe v. Uber Technologies, Inc.
No abuse of discretion where trial court judge not only appropriately applied correct legal standard but also ensured that plaintiff understood and stipulated to forum non conveniens issues.
Civil Procedure 1DCA/2 Jun. 26, 2024
Alfaro Manzano v. Garland
Asylum seeker needed only to demonstrate that persecution for membership in a protected category was a central reason, not the but-for cause, of his circumstances to be eligible for asylum.
Immigration 9th Jun. 26, 2024
Forrest v. Spizzirri
Order
9th Jun. 26, 2024
Lusardi Construction Co. v. Dept. of Industrial Relations
Under former Labor Code Section 1777.7, prime contractor's knowledge of subcontractor's noncompliance with apprenticeship hiring requirements was sufficient to support penalizing the prime contractor for the noncompliance.
Employment Law, Remedies 4DCA/1 Jun. 26, 2024
Frayo v. Martin
Employee's refusal to take and provide the results of a COVID-19 test to his employer was not a refusal to sign an authorization under the Confidentiality of Medical Information Act.
Employment Law 6DCA Jun. 25, 2024