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Modification: People v. Lapenias
Trial court erred when it allowed expert testimony that it is 'rare' for children to make false allegations of sexual abuse, but error was harmless. 		Criminal Law and Procedure 4DCA/3 Aug. 18, 2021
Modification: City and County of San Francisco v. All Persons Interested in the Matter of Proposition G
Supermajority requirement does not apply to citizens' initiatives. 		statutory_interpretation 1DCA/4 Aug. 18, 2021
Chrysafis v. Marks
Order 		USSC Aug. 17, 2021
Modification: Zuniga v. Alexandria Care Center, LLC
Trial court erred in rejecting expert testimony simply because it was based on inadmissible evidence, without further consideration of reliability of data used, and error was prejudicial. 		Evidence 2DCA/7 Aug. 17, 2021
U.S. v. Prigan
Hobbs Act robbery is not crime of violence under United States Sentencing Guidelines Section 4B1.2(a). 		Criminal Law and Procedure 9th Aug. 17, 2021
Sackett v. U.S. Environmental Protection Agency
Property that was adjacent to jurisdictional tributary and that, together with similarly situated wetlands complex, had significant nexus to Priest Lake, was regulable under Clean Water Act. 		Environmental Law 9th Aug. 17, 2021
Quintero Perez v. U.S.
National security factor counseled against extending 'Bivens' to claim against border patrol agent. 		Civil Rights 9th Aug. 17, 2021
Flores-Rodriguez v. Garland
No notice of an alleged false claim of citizenship, a central issue during a hearing, violated due process. 		Immigration 9th Aug. 17, 2021
Decker Coal v. Pehringer
5 U.S.C. Section 7521 does not infringe upon President's inherent Article II removal power. 		Administrative Agencies 9th Aug. 17, 2021
Guerrier v. Garland
'DHS v. Thuraissigiam' abrogated 'colorable constitutional claim' exception to statutory limits on court's jurisdiction to review challenges to expedited removal orders. 		Immigration 9th Aug. 17, 2021
Busker v. Wabtec
Work installing electrical equipment on Metrolink locomotives and rail cars does not fall within the definition of 'public works' under Labor Code Section 1720(a)(1); thus, plaintiff was not entitled to prevailing wages. 		Labor Law CASC Aug. 17, 2021
Mendoza v. Fonseca McElroy Grinding Co., Inc.
Prevailing wage law does not support interpretation of Labor Code Section 1772 that expands law's scope beyond defined 'public works.' 		Labor Law CASC Aug. 17, 2021
People v. Mancilla
Resentencing under Penal Code Section 1170.95 is unavailable if defendant is convicted of provocative act murder. 		Criminal Law and Procedure 2DCA/7 Aug. 16, 2021
Zuniga v. Alexandria Care Center, LLC
Trial court erred in rejecting expert testimony simply because it was based on inadmissible evidence, without further consideration of reliability of data used, and error was prejudicial. 		Evidence 2DCA/7 Aug. 16, 2021
Jamie Zepeda Labor Contracting v. Department of Industrial
Employers' failure to pay wages in accordance with prompt final wage payment mandate, in absence of accompanying minimum wage violation, cannot support issuance of Labor Code Section 1197.1 citations. 		Labor Law 4DCA/1 Aug. 16, 2021
Amended Opinion: People v. Raybon
After passage of Proposition 64, possession of cannabis in prison remains a violation of Penal Code Section 4573.6. 		Criminal Law and Procedure CASC Aug. 16, 2021
Matias Rauda v. Jennings
8 U.S.C. 1252(g) bars judicial review of claims challenging government's execution of removal order. 		Immigration 9th Aug. 16, 2021
U.S. v. Bachmeier
Although threatening letter was mailed to courthouse, rational jury could have found beyond reasonable doubt that the judge, a natural person, was the addressee, as 18 U.S.C. Section 876(c) requires. 		Criminal Law and Procedure 9th Aug. 16, 2021
Munden v. Stewart Title Guaranty Co.
District court erred in its interpretation of insurance policy under Idaho law. 		Insurance 9th Aug. 16, 2021
In re Sims
Evidence of defendant's failure to take her medication established change in circumstance and required trial court to suspend proceedings for evaluation of competency. 		Criminal Law and Procedure 4DCA/2 Aug. 13, 2021
People v. Henderson
Striking prior prison term enhancement while maintaining remainder of plea agreement would not deprive the People of benefit of bargain in open plea agreement context. 		Criminal Law and Procedure 3DCA Aug. 13, 2021
Qaadir v. Figueroa
Plaintiff was required to show that medical bills were actually incurred before court admitted those bills as evidence, but error was harmless because jury's award fell within experts' valuations. 		Remedies 2DCA/8 Aug. 13, 2021
People v. Wilson
Unlawful and forcible entry into residence is predicate to application of Home Protection Bill of Rights presumption, and porch is not within residence. 		Criminal Law and Procedure 3DCA Aug. 13, 2021
Hedayati v. Interinsurance Exchange of the Auto. Club
Summary judgment was improper because insurer did not attempt to refute plaintiff's good faith and fair dealing claim based on its alleged failure to communicate with its insured. 		Torts 4DCA/3 Aug. 13, 2021
Al- Qarquani v. Chevron
So long as party makes non-frivolous claim that arbitral award is covered by New York Convention, district court must assume subject-matter jurisdiction. 		Arbitration 9th Aug. 13, 2021
CLMS Management Services v. Amwins Brokerage of Georgia
Convention on Recognition and Enforcement of Foreign Arbitral Awards is not 'Act of Congress' subject to reverse-preemption by McCarran-Ferguson Act. 		Arbitration 9th Aug. 13, 2021
Jones v. Davis
Defendant's right to present complete defense was not violated because trial court's evidentiary ruling was neither arbitrary nor disproportionate to purpose it served. 		Criminal Law and Procedure 9th Aug. 13, 2021
Lim v. TForce Logistics
Arbitration provision was procedurally and substantively unconscionable because of its take-it-or-leave-it circumstances, and cost-splitting, fee-shifting, and Texas venue provisions. 		Arbitration 9th Aug. 13, 2021
People v. Raybon
After passage of Proposition 64, possession of cannabis in prison remains a violation of Penal Code Section 4573.6. 		Criminal Law and Procedure CASC Aug. 13, 2021
Natarajan v. Dignity Health
No disqualification of hearing officer serving on medical peer review panel when financial benefit is not sufficient to raise meaningful risk of bias. 		Business Law CASC Aug. 13, 2021
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