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Modification: In re Marti
A case was not moot when the court could afford an inmate relief because the disciplinary finding at issue could be considered in future adjudications.
Criminal Law and Procedure 3DCA Oct. 20, 2021
In re Hutchinson
Even if tax lien could have been avoidable by bankruptcy trustee under Bankruptcy Code Section 724(a), Section 522(h) cannot be used to avoid properly filed tax liens.
Bankruptcy 9th Oct. 20, 2021
In re Stevens
Under Bankruptcy Code Section 554(c), for properties to be deemed abandoned, they must be first literally scheduled under Section 521(a).
Bankruptcy 9th Oct. 20, 2021
Miranda v. City of Casa Grande
Even if a police officer lied during administrative proceedings, there was no due process violation because plaintiff was granted a second administrative hearing that voided his license suspension.
Civil Rights 9th Oct. 20, 2021
In re Y.W.
Because the Department of Children and Family Services omitted information about a grandmother's tribal ancestry, notice to the Tribes was not adequate under the Indian Child Welfare Act.
Juveniles 2DCA/7 Oct. 20, 2021
SEIU-USWW v. Preferred Building Services, Inc.
In the context of the Displaced Janitors Opportunity Act, a services contract terminated on the actual last day services were provided, rather than the later, stated date of termination.
Labor Law 1DCA/5 Oct. 19, 2021
Morales v. Factor Surfaces LLC
A trial court did not err by allowing commission payments to be included when calculating an employee's hourly rate of pay because the employer failed to produce evidence to the contrary.
Employment Law 2DCA/4 Oct. 19, 2021
Abdulla v. Garland
Order
USSC Oct. 19, 2021
Hirshfeld v. Implicit LLC
Order
USSC Oct. 19, 2021
Ysleta Del Sur Pueblo v. Texas
Order
USSC Oct. 19, 2021
Denezpi v. U.S.
Order
USSC Oct. 19, 2021
Rivas-Villegas v. Cortesluna
Precedent involving an unarmed suspect and a noise complaint did not create clearly established law as to defendant's response to a domestic abuse situation with an armed suspect.
Civil Rights USSC Oct. 19, 2021
City of Tahlequah v. Bond
Precedential decisions dismissing qualified immunity must be clearly established and so well-defined so that reasonable officers would know their conduct is unlawful based on the circumstances they are in.
Civil Rights USSC Oct. 19, 2021
S.C. v. Lincoln County School District
A district court erroneously interpreted an administrative law judge's order regarding the Individuals with Disabilities Education Act.
Education 9th Oct. 19, 2021
Yellen v. House of Representatives
Order
USSC Oct. 18, 2021
King v. U.S.
Order
USSC Oct. 18, 2021
Mondragon Garcia v. U.S.
Order
USSC Oct. 18, 2021
Wilkins v. U.S.
Order
USSC Oct. 18, 2021
Modification: People v. Sumagang
Statements made post Miranda warning are excludable when facts support conclusion that questioning was one interrogation with a Miranda warning sandwiched in between.
Criminal Law and Procedure 6DCA Oct. 18, 2021
Wertheim, LLC v. Currency Corp.
Where attorneys' untimeliness in pursuing a motion causes more fees, postjudgment attorneys' fees are unnecessary and unmerited.
Attorneys 2DCA/1 Oct. 18, 2021
Janney v. CSAA Insurance Exchange
Because an insured was entitled to the lowest of three calculations, disputed facts related to a higher calculation were immaterial.
Insurance 3DCA Oct. 18, 2021
The Travelers Indemnity Co. v. Navigators Specialty Insurance Co.
A trial court erroneously treated a legal allegation as a factual allegation for the purposes of a demurrer.
Insurance 4DCA/1 Oct. 18, 2021
Gray v. Dignity Health
It is not unfair for hospitals to not disclose a billing that included an emergency room charge prior to providing emergency medical treatment.
Health Care 1DCA/1 Oct. 15, 2021
People v. Kaihea
Gang-related evidence may be considered when determining if defendant killed in self-defense or heat of passion.
Criminal Law and Procedure 3DCA Oct. 15, 2021
Weeden v. Hoffman
In the context of protected activity, the litigation privilege defense can be raised against tort claims, but not breach of contract claims.
Anti-SLAPP 4DCA/1 Oct. 15, 2021
People v. Contreras
A trial court did not abuse its discretion in ordering a defendant to register as a sex offender because it was not required to explicitly find that the defendant was likely to reoffend.
Criminal Law and Procedure 5DCA Oct. 15, 2021
In re: Berkovich
Debtor's state tax debts were nondischargeable because he failed to inform the California Franchise Tax Board of changes to his federal tax assessments.
Bankruptcy 9th Oct. 15, 2021
Modification: Walker v. Superior Court (People)
Admission of hearsay evidence regarding nonpredicate offenses via expert evaluations at Sexually Violent Predator Act probable cause hearing prejudiced defendant.
Criminal Law and Procedure CASC Oct. 15, 2021
People v. Smith
A trial court did not err in failing to instruct the jury sua sponte on a lesser included offense because no reasonably jury could conclude that the defendant was guilty of the lesser, but not the greater offense.
Criminal Law and Procedure 4DCA/1 Oct. 15, 2021
Mitchell v. Twin Galaxies
Donkey Kong record holder provided sufficient evidence for his defamation claim to survive an anti-SLAPP motion.
Anti-SLAPP 2DCA/8 Oct. 14, 2021