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Mireskandari v. Edwards Wildman Palmer LLP
Plaintiff showed causation for malpractice claim against former attorneys since he would not have incurred costs and fees from anti-SLAPP motion had he been properly advised before filing his lawsuit.
Attorneys 2DCA/3 Apr. 12, 2022
People v. Bracamontes
Though crime occurred in 1991 and defendant not charged until 2003, delay was not prejudicial as the reason for the delay was investigative in nature and any presumed prejudice was minimal.
Criminal Law and Procedure CASC Apr. 12, 2022
Ray v. Lara
A prisoner must show a nexus between their claim and the alleged danger to qualify for the imminent danger exception to the three-strikes provision of the Prison Litigation Reform Act.
Prisoners' Rights 9th Apr. 12, 2022
U.S. v. Irons
Defendant carried his burden to show that erroneous supplemental jury instruction affected his substantial rights because the error effectively removed from the jury's consideration the only disputed issue.
Criminal Law and Procedure 9th Apr. 12, 2022
Alpha Venture Capital Partners v. Pourhassan
CEO's profits from selling stocks five months after being awarded options by a majority of the board of directors fell within an exemption to Section 16(b) of the Securities Exchange Act.
Corporations 9th Apr. 11, 2022
Mecinas v. Hobbs
Democratic National Committee had standing to contest the Arizona Ballot Order Statute since ordering ballots based on the political party who received most votes in last gubernatorial race caused an injury in fact.
Constitutional Law 9th Apr. 11, 2022
Central Sierra Environmental Resource Center v. Stanislaus National Forest
Forest Service could implement best management practices under provisions of the Management Agency Agreement in lieu of reporting discharge requirements under the California Water Act.
Environmental Law 9th Apr. 11, 2022
Global Rescue Jets v. Kaiser Foundation Health Plan
Like Medicare Parts A & B claims, Medicare Advantage claims must exhaust all administrative remedies before pursuing claims in federal court.
Administrative Agencies 9th Apr. 11, 2022
Olean Wholesale Grocery v. Bumble Bee Foods
District court did not abuse its discretion in concluding that economist's statistical regression model, along with other expert evidence, was capable of showing that a price-fixing conspiracy caused a class-wide antitrust impact.
Civil Procedure 9th Apr. 11, 2022
Slaieh v. Superior Court (Slaieh)
The deposition provision of Marsy's Law does not apply to civil proceedings because it expressly provides rights to victims and their families in the criminal justice system.
Criminal Law and Procedure 4DCA/2 Apr. 11, 2022
Modification: Lee v. Amazon.com, Inc.
The trial court erred in finding Amazon immune from liability, by virtue of the Communications Decency Act, for failure to provide Proposition 65 warnings on face creams containing mercury and sold by third parties.
Consumer Law 1DCA/2 Apr. 11, 2022
In re I.F.
Under the Indian Child Welfare Act, the duty to further inquire is established once there is a suggestion of possible tribal membership.
Juveniles 6DCA Apr. 8, 2022
People v. Lopez
Penal Code Section 182.22(b)(4)'s gang-related sentencing enhancement only addresses completed home invasion robberies, not conspiracies to commit home invasion robberies.
Criminal Law and Procedure CASC Apr. 8, 2022
Buchanan v. Watkins & Letofsky
Title VII's integrated enterprise test can be used to determine if two entities are interconnected to collectively meet the American with Disabilities Act's 15-employee threshold requirement.
Disability Discrimination 9th Apr. 8, 2022
Mendoza v. Amalgamated Transit Union Intl.
Nonparty board members to a prior action against their union were subject to the bar against claim splitting because the members were adequately represented in the prior action.
Civil Procedure 9th Apr. 8, 2022
Rodriguez v. FCA US, LLC
California's Lemon Law's new motor vehicle refund-or-replace provision did not apply to previously owned vehicle sold with a balance remaining on one of the manufacturer's express warranties.
Consumer Law 4DCA/2 Apr. 8, 2022
In re A.R.
Social Service Agency's failure to conduct an initial inquiry into child's Native American heritage in child custody proceeding constitutes a miscarriage of justice regardless of parent's efforts to appeal.
Juveniles 4DCA/3 Apr. 8, 2022
People v. Accredited Surety & Casualty
Surety's obligations for original $75,000 bond ceased when the court increased defendant's bail and remanded him to the sheriff's custody.
Criminal Law and Procedure 3DCA Apr. 8, 2022
Kinney v. Superior Court (County of Kern)
Requested DUI arrestees' names were not "contemporaneous" under the Government Code because release of the names would not serve the purpose of preventing clandestine police activity.
Government 5DCA Apr. 8, 2022
SwiftAir v. Southwest Airlines
Because inflight entertainment and wireless internet access are services, state law causes of action involving those services are preempted by the federal Airline Deregulation Act.
Commercial Law 2DCA/7 Apr. 7, 2022
People v. Alorica Inc.
The People had the authority to subpoena records from a company collecting consumer debt on behalf of its clients to determine whether it was a debt collector under the Rosenthal Act.
Government 4DCA/2 Apr. 7, 2022
Louisiana v. American Rivers
Order
USSC Apr. 7, 2022
Bluetooth SIG v. FCA USA
The defense of first sale doctrine only applies if consumers have been adequately made aware of the trademarked goods' origination.
Intellectual Property 9th Apr. 7, 2022
Keen v. City of Manhattan Beach
City's ordinances restricting short-term rentals required commission approval under the California Coastal Act because the previously certified program made no distinction between short and long-term rentals.
Government 2DCA/8 Apr. 7, 2022
In re A.J.
Juvenile courts are not to hold separate jurisdictional or dispositional hearings for the mother and father.
Juveniles 3DCA Apr. 6, 2022
People v. Salinas
Prosecutor's peremptory strikes of several Black women was more likely than not attributable to unconstitutional discrimination.
Constitutional Law 2DCA/5 Apr. 6, 2022
Berman v. Freedom Financial Network
Where a website's notification for consumers' agreement to terms and conditions is not reasonably conspicuous, consumers do not agree to its mandatory arbitration provisions.
Arbitration 9th Apr. 6, 2022
U.S. v. Hylton
Independent reasonable suspicion to perform a criminal history check during a traffic stop is not required because it is a negligibly burdensome precaution required for officer safety.
Criminal Law and Procedure 9th Apr. 6, 2022
Samantha B. v. Aurora Vista Del Mar
Plaintiffs' Elder Abuse Act claims against a hospital were not subject to the Medical Injury Compensation Reform Act's limitations period nor its limit on noneconomic damages.
Torts 2DCA/6 Apr. 6, 2022
Teacher v. California Western School of Law
Law school violated expelled student's right to fair process by denying him the right to cross-examine witnesses as guaranteed by the school's procedures.
Civil Procedure 4DCA/1 Apr. 6, 2022