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SEC v. Cochran
Order 		USSC May 17, 2022
U.S. v. Allen
District court's complete prohibition on the public's visual access to a trial to curb the spread of COVID-19 was not narrowly tailored, violating defendant's right to a public trial. 		Criminal Law and Procedure 9th May 17, 2022
Gross v. CitiMortgage, Inc.
Mortgage holder was liable under the Fair Credit Reporting Act for indicating that a mortgage was past-due when it had been discharged by operation of law. 		Consumer Law 9th May 17, 2022
Martinez v. Shinn
Mitchell v. United States's holding was not an 'extraordinary circumstance' justifying relief from judgment under Federal Rules of Civil Procedure 60(b)(6) since it did not affect the rules governing discovery. 		Criminal Law and Procedure 9th May 17, 2022
People v. Financial Casualty & Surety, Inc.
Surety's motion to set aside bail forfeiture is not a pleading subject to the tolling of the statute of limitations under the COVID-19 Emergency Rule 9. 		Criminal Law and Procedure 2DCA/3 May 17, 2022
People v. Fuentes
Resisting a police officer is not a lesser included offense of fleeing an officer while driving with wanton disregard for safety since resisting requires that the officer be performing a lawful duty. 		Criminal Law and Procedure 4DCA/2 May 16, 2022
We Advocate Through Environmental Review v. County of Siskiyou
Under the California Environmental Quality Act, project objectives that are essentially just completing the project as planned are impermissibly narrow. 		Environmental Law 3DCA May 16, 2022
Tiburon Open Space Committee v. County of Marin
Marin County's adherence to development plans, because it was "legally infeasible" not to, was proper and opposers failed to provide substantial evidence to prove otherwise. 		Environmental Law 1DCA/2 May 16, 2022
People v. Nance
Defendant was not entitled to the standard of review for a directed verdict since the denial of his application for outpatient treatment was not made by a jury. 		Civil Procedure 3DCA May 16, 2022
A.C. v. Cortez
There is no per se constitutional privacy right in juvenile records, instead, courts must balance the governmental need to infringe with the individual's privacy interest. 		Juveniles 9th May 16, 2022
Lee v. Fisher
Shareholder was unable to prove that Gap Inc.'s forum-selection clause was against public policy. 		Securities 9th May 16, 2022
U.S. v. Davis
A district court's failure to recount the knowledge of status element during the plea colloquy was not plain error requiring reversal. 		Criminal Law and Procedure 9th May 16, 2022
Hassett v. Olson
Former presiding judge should be disqualified as a legal representative for having presided two prior same matters personally and substantively. 		Attorneys 3DCA May 16, 2022
Pacific Fertility Cases
A petition for a writ of mandate is the exclusive means to obtain appellate review of a court's good faith settlement determination. 		Civil Procedure 1DCA/1 May 13, 2022
Bowser v. Ford Motor Company
A class member who opts out of the lawsuit is not a party to that lawsuit for the purposes of admitting depositions from the class action in a later, individual suit against the same defendant. 		Consumer Law 4DCA/2 May 13, 2022
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 13, 2022
Hebert v. Barnes & Noble, Inc.
Employer was liable for Fair Credit Reporting Act violations for delegating FRCA-compliance task to a non-attorney employee and failing to proactively monitor the published consumer report disclosure form. 		Employment Law 4DCA/1 May 13, 2022
Modification: Sky Posters Inc. v. Dept. of Transportation
Redevelopment displays qualify as an on-premises display exempt from Outdoor Advertising Act requirements if the display advertises businesses in the area and is not merely incidental. 		Commercial Law 2DCA/7 May 13, 2022
Center for Biological Diversity v. U.S. Fish and Wildlife Service
U.S. Fish and Wildlife Service acted arbitrarily and capriciously in approving a mining plan of operations based on its incorrect assumption that company's mining claims were valid under the Mining Law. 		Environmental Law 9th May 13, 2022
Evans v. Synopsys
Notwithstanding the district court's statements that intervenor's time to file a notice of appeal was preserved, intervenor's failure to formally request an extension mandated dismissal of the appeal. 		Civil Procedure 9th May 13, 2022
Transgender Law Center v. Immigration and Customs Enforcement
ICE and DHS did not demonstrate beyond a material doubt the adequacy of their responses to plaintiffs' Freedom of Information Act requests regarding the death of a transgender asylum seeker. 		Administrative Agencies 9th May 13, 2022
People v. Forester
Because defendant was found guilty of stalking a victim of domestic violence, the two-year felony probation limitation in Penal Code Section 1203.1(a) did not apply. 		Criminal Law and Procedure 4DCA/1 May 12, 2022
Quach v. California Commerce Club
Plaintiffs asserting prejudice as to defendant's delay in asserting its right to arbitrate must show more than just incurrence of costs in anticipation of litigation. 		Arbitration 2DCA/1 May 12, 2022
People v. Lopez
Defendant's felony firearm possession sentence was remanded for resentencing pursuant to the sentencing changes in Senate Bill 567 since the evidence of the aggravating factors was not overwhelming and uncontested. 		Criminal Law and Procedure 4DCA/1 May 12, 2022
Dixon v. Shinn
Defendant's petition for habeas relief was denied because the state court reasonably determined that defendant's schizophrenia did not render him incompetent. 		Criminal Law and Procedure 9th May 12, 2022
Sky Posters Inc. v. Dept. of Transportation
Redevelopment displays qualify as an on-premises display exempt from Outdoor Advertising Act requirements if the display advertises businesses in the area and is not merely incidental. 		Commercial Law 2DCA/7 May 12, 2022
We Advocate Through Environmental Review v. City of Mt. Shasta
City should have made certain findings under the California Environmental Quality Act for each significant impact that the county identified before issuing a wastewater permit to a water bottling plant. 		Environmental Law 3DCA May 12, 2022
Jones v. U.S.
28 U.S.C. Section 2244(b)(1)'s automatic dismissal for successive postconviction relief petitions for state sentences pursuant to Section 2254 does not apply to federal sentences pursuant to Section 2255. 		Criminal Law and Procedure 9th May 12, 2022
Amended Opinion: In re National Security Letter
National Security Letter law's nondisclosure provision, which prohibits disclosure of receipt of such letter, does not violate recipient's First Amendment rights. 		Constitutional Law 9th May 12, 2022
Seaview Trading v. Commissioner of Internal Revenue
Partnership's tax return was "filed" when an Internal Revenue Service agent requested the missing return and the partnership delivered a signed copy of the return to the agent. 		Tax 9th May 12, 2022
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