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Fikre v. FBI
Plaintiff's claims were not moot because government failed to make it absolutely clear that it would not return plaintiff to the No Fly List for the reasons it placed him there originally.
Constitutional Law 9th May 31, 2022
Kilpatrick v. Kijakazi
An administrative law judge is not required to address evidence that does not qualify as significant probative evidence when considering Social Security disability benefits.
Administrative Agencies 9th May 31, 2022
In Re Three National Security Letters
Courts are not required to schedule periodic review of nondisclosure requirements in national security letters from the FBI requesting information from electronic communication service providers.
Civil Rights 9th May 27, 2022
Pulliam v. HNL Automotive, Inc.
In a consumer action against a car dealership, the "holder rule" did not limit the award of attorney's fees where the buyer sought fees from a holder under a state prevailing party statute.
Consumer Law CASC May 27, 2022
People v. Padilla
Proposition 57, which required a hearing to determine if offenses should be heard in juvenile court, applied retroactively to defendant's nonfinal case since his sentence was vacated on habeas corpus.
Criminal Law and Procedure CASC May 27, 2022
People v. Murphy
There was sufficient evidence to find implied malice in a vehicular homicide where defendant was smoking marijuana while waiting for the oil to be changed in his car and then drove 88 miles per hour in a residential area.
Criminal Law and Procedure 2DCA/7 May 27, 2022
City of San Buenaventura v. United Water Conservation Dist.
3:1 ratio between groundwater rates for municipal or industrial uses and agricultural uses rates did not pass constitutional muster.
Government 2DCA/6 May 27, 2022
Modification: People v. Cruz-Partida
Pointing a loaded gun in the general area of others can establish the requisite intent required for assault.
Criminal Law and Procedure 1DCA/1 May 27, 2022
People v. Jones
Defendant's case was remanded for resentencing in light of changes made to resentencing statutes.
Criminal Law and Procedure 1DCA/4 May 26, 2022
In re Z.O.
In a dependency case, the juvenile court's omission of any findings on a mother's competency violated her due process right to understand the reasons for the guardian ad litem appointment.
Juveniles 4DCA/3 May 26, 2022
People v. Whitson
Defendant could have his murder convictions resentenced under Penal Code Section 1170.95 since the jury did not necessarily find an intent to commit murder for his conspiracy to murder charge.
Criminal Law and Procedure 2DCA/5 May 26, 2022
Modification: People v. Henderson
A belief that the criminal-justice system is unfair to African-Americans is an insufficient basis to disqualify a juror unless other evidence shows that the juror will have difficulty being impartial.
Criminal Law and Procedure 3DCA May 26, 2022
In re M.E.
Welfare Department and juvenile court failed in their duty to further investigate children's possible Native ancestry under the Indian Child Welfare Act when reports were bereft of continued inquiry.
Juveniles 3DCA May 26, 2022
P. v. Ramirez
A gang enhancement in a criminal trial may not be bifurcated retroactively under Penal Code Section 1109 as it is not an ameliorative measure.
Criminal Law and Procedure 6DCA May 26, 2022
Allen v. Kijakazi
The prohibition of Social Security benefits to persons confined at public expense applies to persons civilly confined after a probable cause hearing under California's Sexually Violent Predator Act.
Administrative Agencies 9th May 25, 2022
San Bernardino City Unif. School Dist. v. State Allocation Bd.
San Bernardino School District was not required to return unused hardship funding since the California regulation requiring return directly conflicted with the administrative regulation allowing them to keep the funds.
Education 3DCA May 25, 2022
Shinn v. Martinez Ramirez
Under 28 U.S.C. Section 2254(e)(2), a federal habeas court may not conduct an evidentiary hearing or otherwise consider evidence beyond the state-court record based on the ineffective assistance of state postconviction counsel.
Criminal Law and Procedure USSC May 24, 2022
Morgan v. Sundance, Inc.
A waiver of the right to arbitrate does not require a showing of prejudice to the opposing party.
Arbitration USSC May 24, 2022
Smith v. Shinn
Order
USSC May 24, 2022
Consumer Financial Protection Bureau v. Cashcall, Inc.
District court clearly erred in imposing lower penalties against a lending company because the danger that the company's conduct violated the Consumer Financial Protection Act was so obvious it must have been aware of it.
Consumer Law 9th May 24, 2022
Andrews v. City of Henderson
Officers were not entitled to qualified immunity when the officers tackled a non-resisting suspect that they knew was not armed.
Immunity 9th May 24, 2022
Sanchez v. Los Angeles Dept. of Transportation
E-scooter rider's Fourth Amendment privacy violation claim over real-time, scooter ride data collected, was foreclosed by the third-party doctrine.
Constitutional Law 9th May 24, 2022
Saddozai v. Davis
District court erred in dismissing inmate's complaint where the inmate had exhausted his administrative remedies by the time he filed his operative third amended complaint.
Prisoners' Rights 9th May 24, 2022
Naranjo v. Spectrum Security Services, Inc.
Failure to pay premium pay under Labor Code Section 226.7 can support relief for failure to pay wages upon termination and failure to provide accurate wage statements.
Labor Law CASC May 24, 2022
Trinity v. Life Insurance Co. of North America
Insurance employee met her burden of challenging an arbitration agreement since she testified that she had not seen the agreement and would not have accepted the job had she known.
Arbitration 2DCA/7 May 24, 2022
Myers v. Superior Court (People)
Mentally disordered offerer committee's one-year extension of commitment began when the previous term expired, even though the trial court did not order the extension until nine months after the expiration.
Criminal Law and Procedure 5DCA May 24, 2022
Modification: People v. Perez
After changes to Penal Code Section 1170.95, invalidated, non-final convictions are to be reversed and remanded to allow prosecutors to retry the counts on the new law.
Criminal Law and Procedure 2DCA/3 May 24, 2022
Casey v. Hill
Trial court erred in ruling that Missouri court's exercise of personal jurisdiction violated due process because trial court ignored the material jurisdictional facts that were sufficient to satisfy the jurisdictional inquiry.
Civil Procedure 4DCA/1 May 24, 2022
Cardenas v. Horizon Senior Living, Inc.
The statute of limitations for wrongful death claim against the senior living facility was not revived by felony convictions against the facility's staff under Code of Civil Procedure Section 340.3.
Civil Procedure 2DCA/6 May 23, 2022
Modification: County of Santa Clara v. Superior Court (Doctors Medical Center of Modesto)
Under Government Code Section 815, county was immune from noncontracting hospitals' claims for emergency service reimbursement because the alleged breach was based in tort rather than contract.
Immunity 6DCA May 23, 2022