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U.S. v. Tsarnaev
The First Circuit improperly vacated the Boston Marathon bomber's captital sentence based on the exclusion of mitigating evidence.
Evidence USSC Mar. 7, 2022
Hernandez-Valenzuela v. Superior Court (People)
Court delays because of case backlogs due to COVID-19 pandemic was an extraordinary and exceptional circumstance that warranted speedy trial rights exceptions.
Criminal Law and Procedure 1DCA/3 Mar. 7, 2022
Friends of Animals v. U.S. Fish and Wildlife Service
Under the Endangered Species Act, a net conservation benefit can include an informational benefit that could aid in the conservation of a species.
Environmental Law 9th Mar. 7, 2022
Flemming v. Matteson
Defendant's federal claims were untimely under the Antiterrorism and Effective Death Penalty Act's one-year statute of limitations because his state habeas petitions were untimely.
Criminal Law and Procedure 9th Mar. 7, 2022
Williams v. National Western Life Insurance Co.
An insurer was charged with its agent's knowledge that life insurance policies were unsuitable for elderly plaintiff.
Insurance 3DCA Mar. 7, 2022
Cameron v. EMW Women's Surgical Center, P. S. C.
Attorney general's motion to intervene to defend the constitutionality of a state statute should have been granted because of a state's strong interest in enforcing its own laws.
Civil Procedure USSC Mar. 4, 2022
U.S. v. Zubaydah
Plaintiff's discovery application, requesting information concerning the existence of a CIA detention site in Poland, fell within the state secrets privilege.
Civil Procedure USSC Mar. 4, 2022
In Re Rejuvi Laboratory, Inc.
California corporation waived its personal jurisdiction defense when, in an attempt to set aside an Australian default judgment, it voluntarily appeared in an Australian district court.
Civil Procedure 9th Mar. 4, 2022
Crenshaw Subway Coalition v. City of Los Angeles
A gentrification theory, used to challenge the approval of a development project, is not legally cognizable under the Fair Housing Act.
Government 2DCA/2 Mar. 4, 2022
Mendoza v. Trans Valley Transport
Notwithstanding a delegation clause, the question of whether the parties entered into an agreement to arbitrate is a matter for the court, not the arbitrator, to decide.
Arbitration 6DCA Mar. 3, 2022
LGCY Power v. Superior Court (Sewell)
An employee did not need to raise an otherwise compulsory cross-complaint in a Utah lawsuit because the California Labor Code mandated that such a dispute be resolved in California.
Civil Procedure 5DCA Mar. 3, 2022
In re Mia M.
The Department of Children and Family Services failed to make reasonable efforts to inform a parent of a disposition hearing because it failed to investigate the most likely avenues for finding the parent.
Juveniles 2DCA/5 Mar. 3, 2022
Perez v. City and County of San Francisco
Summary judgment was improperly granted when a jury could infer that a police officer, whose firearm was stolen and used to kill, was acting within the scope of his employment when he left his gun in his car after work.
Employment Law 1DCA/5 Mar. 3, 2022
People v. Rodriguez
Increased evidentiary requirements to prove gang-related crimes and enhancements must be applied retroactively and requires proof that the benefit to the street gang is more than just reputational.
Criminal Law and Procedure 5DCA Mar. 3, 2022
Twitter v. Paxton
A case was not prudentially ripe because the attorney general was still in the process of investigating and had not even decided whether to pursue claims.
Constitutional Law 9th Mar. 3, 2022
Milkovich v. U.S.
Because a mortgage was valid at the outset, the district court erred in concluding that the mortgage lacked economic substance even though the market value of the property had declined below the mortgage balance.
Tax 9th Mar. 3, 2022
Cooper v. Newsom
Order
9th Mar. 3, 2022
People v. Faial
Assembly Bill 1950, which generally limits probation terms to two years, does not apply retroactively when the trial court's revocation and termination of defendant's probation occurred before the bill's effective date.
Criminal Law and Procedure 1DCA/3 Mar. 2, 2022
Kuhnel v. Superior Court (People)
When defendant was validly on probation when her probation was revoked and the probation violation hearing never occurred, Assembly Bill 1950 does not apply and the probation period is tolled until the formal probation hearing occurs.
Criminal Law and Procedure 1DCA/3 Mar. 2, 2022
People v. Davis
Expert testimony based on the STRmix method of DNA analysis was admissible because the method is accepted as reliable by the relevant scientific community.
Evidence 3DCA Mar. 2, 2022
Tailford v. Experian Information Solutions
Under the Fair Credit Reporting Act, information credit reporting agencies are mandated to provide consumers does not include behavioral data or other information not enumerated in Section 1681(g) of the Act.
Consumer Law 9th Mar. 2, 2022
Modification: People v. E. H.
Changes to the gang-enhancement statute merited reversal of conviction because it was not conclusive that the jury instructions were harmless beyond a reasonable doubt.
Criminal Law and Procedure 4DCA/2 Mar. 2, 2022
Mendoza v. Trans Valley Transport
Order_and_opinion
6DCA Mar. 2, 2022
Shenefield v. Shenefield
Under Family Code Section 3111(d), attorneys may be sanctioned for unwarranted disclosure of a confidential custody evaluation.
Family Law 4DCA/1 Mar. 1, 2022
Gordon College v. DeWeese-Boyd
Order
USSC Mar. 1, 2022
Holcombe v. Florida
Order
USSC Mar. 1, 2022
Haaland v. Brackeen
Order
USSC Mar. 1, 2022
Cherokee Nation v. Brackeen
Order
USSC Mar. 1, 2022
Texas v. Haaland
Order
USSC Mar. 1, 2022
Brackeen v. Haaland
Order
USSC Mar. 1, 2022