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U.S. v. Tagatac
Hawaii's second-degree robbery statute is divisible and renders the crime under each subsection a crime of violence.
Criminal Law and Procedure 9th Jun. 10, 2022
Modification: P. v. Owens
Considering the totality of the circumstances, substantial evidence supported the finding that defendant acted with reckless indifference to human life.
Criminal Law and Procedure 2DCA/6 Jun. 9, 2022
Willie Jones, Sr. v. USA
Petitioner's second or successive application for postconviction relief failed to make a prima facie showing because petitioner did not rely on a new rule of constitutional law, but rather a statutory one.
Criminal Law and Procedure 9th Jun. 9, 2022
P. v. Rodriguez
Penal Code that listed probation length in a different code than the underlying crime had included probation length "within its provisions" under Assembly Bill 1950 since separation was a matter of form.
Criminal Law and Procedure 1DCA/4 Jun. 8, 2022
Atwood v. Shinn
Order
9th Jun. 8, 2022
P. v. Accredited Surety and Casualty Co.
A surety on a bail bond was estopped from raising the invalidity of the reinstatement order as a basis for vacating the summary judgment.
Criminal Law and Procedure 5DCA Jun. 8, 2022
Senn v. Smith
Order
9th Jun. 8, 2022
Baroni v. Seror
Bankruptcy court did not err in finding cause for converting a bankruptcy case from Chapter 11 to Chapter 7 because debtor materially defaulted on her bankruptcy plan.
Bankruptcy 9th Jun. 8, 2022
Polk v. Yee
The Medicaid Act's anti-reassignment provision did not unambiguously confer an enforceable right on Medicaid providers because its focus was on combating fraud and abuse by providers.
Civil Rights 9th Jun. 8, 2022
Al Saud v. Days
Denying prisoner's request to be housed only with other Muslims was the least restrictive means of avoiding equal protection liability that comes with classifying prisoners based on religious beliefs.
Prisoners' Rights 9th Jun. 8, 2022
Egbert v. Boule
The court declined to extend the *Bivens* damages remedy to a Border Patrol context.
Constitutional Law USSC Jun. 8, 2022
Davis v. Harano
Defense expert did not concede causation for alleged neck pain from minor car crash because his concession hinged on the jury's belief of plaintiff's credibility.
Torts 2DCA/8 Jun. 8, 2022
Marriage of Elali & Marchoud
A bigamous foreign marriage violates California public policy and is void under California law.
Family Law 4DCA/2 Jun. 8, 2022
Atwood v. Shinn
Prisoner is not entitled to preliminary relief and stay of execution absent sufficient evidence to prove substantial risk of severe pain to be caused by accommodated execution method.
Prisoners' Rights 9th Jun. 7, 2022
D.Z. v. L.B.
The trial court violated respondent's due process rights by issuing a civil harassment restraining order that expressly prohibited his conduct without naming him or giving him notice of the order.
Constitutional Law 3DCA Jun. 7, 2022
Modification: People v. Maplebear Inc.
Instacart could not compel arbitration of San Diego's Unfair Competition claims since the City was authorized to obtain relief and the workers who signed an arbitration agreement had no legal involvement.
Arbitration 4DCA/1 Jun. 7, 2022
Moore v. U.S.
The Mandatory Repatriation Tax on controlled foreign corporations did not violate the Apportionment Clause since it applied to taxable gains that constituted income.
Tax 9th Jun. 7, 2022
Inter-Cooperative Exchange v. U.S. Dept. of Commerce
Government's search terms were not reasonably calculated to uncover all documents relevant to fishers' Freedom of Information Act request because the government's search terms were overly narrow.
Government 9th Jun. 7, 2022
Belaustegui v. International Longshore and Warehouse Union
Under the Uniformed Services Employment and Reemployment Rights Act, a reemployed longshoreman was entitled to hour-based seniority credit for the time he was enlisted in the U.S. Air Force.
Employment Law 9th Jun. 7, 2022
U.S. v. Mendez
Defendant "used" his girlfriend's 14-year-old daughter to engage in sexually explicit conduct under United States Code Section 2251(a) when he placed hidden cameras in her bedroom.
Criminal Law and Procedure 9th Jun. 7, 2022
Lopez v. Escamilla
Trial court erred by granting summary judgment in favor of defendant because there were triable issues of fact concerning sole shareholder's alter ego liability.
Corporations 2DCA/6 Jun. 7, 2022
Dept. of Water Resources Environmental Impact Cases
The trial court applied the wrong standard in deciding whether the causation prong of the catalyst theory entitled plaintiffs to recovery of attorney fees.
Civil Procedure 3DCA Jun. 6, 2022
Filtzer v. Ernest
The parties' Forbearance Agreement was intended to be a full satisfaction of debts owed under their settlement agreement since interpreting the documents otherwise would lead to absurd results.
Contracts 2DCA/8 Jun. 6, 2022
In re Dohner
Inmate's contentions in habeas that various constitutional rights were violated by prison's prohibition on possessing a personal television failed on the merits.
Prisoners' Rights 4DCA/2 Jun. 6, 2022
Siegel v. Fitzgerald
Congress' treatment of similarly situated debtors differently based on geography and an artificial funding distinction violated the uniformity requirement of the Bankruptcy Clause.
Bankruptcy USSC Jun. 6, 2022
Southwest Airlines Co. v. Saxon
Southwest Airlines could not enforce arbitration agreement since plaintiff's work physically loading plane cargo fell within the Federal Arbitration Act's exemption for workers engaged in interstate commerce.
Arbitration USSC Jun. 6, 2022
Gallardo v. Marstiller
The Medicaid Act permits a state to seek reimbursement from settlement payments allocated for future medical care.
Health Care USSC Jun. 6, 2022
Alfred v. Garland
Order
9th Jun. 6, 2022
Vasquez-Borjas v. Garland
Petitioner was ineligible for cancellation of removal because his California counterfeiting conviction was a categorical match for the federal crime of forgery and therefore was a crime of moral turpitude.
Immigration 9th Jun. 6, 2022
Modification: Filtzer v. Ernest
The parties' Forbearance Agreement was intended to be a full satisfaction of debts owed under their settlement agreement since interpreting the documents otherwise would lead to absurd results.
Contracts 2DCA/8 Jun. 6, 2022