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REPLACEMENT COPY OF TUESDAY, AUGUST 19, 2025

Name Category Published
Davita Inc. v. Amy's Kitchen Inc.
Employee benefit health plans with identical reimbursement rates regardless of underlying diagnoses or Medicare eligibility comport with Medicare as Secondary Payor provisions. 		Health Care 9th Nov. 27, 2020
Davita Inc. v. Virginia Mason Memorial Hospital
Congress did not intend payment by Medicare to be prerequisite to bringing private cause of action under Medicare as Secondary Payer provisions. 		Health Care 9th Nov. 27, 2020
Manikan v. Peters & Freedman LLP
Debtors are precluded from bringing Fair Debt Collection Practices Act claims premised on bankruptcy discharge order, but plaintiff's claim was not precluded because his debt was fully paid before discharge. 		Consumer Law 9th Nov. 27, 2020
U.S. v. Rusnak
District court did not commit plain error because defendant waived his 'Franks v. Delaware' claim regarding an agent's trial testimony. 		Criminal Law and Procedure 9th Nov. 27, 2020
Mahon v. City of San Diego
City's 'Undergrounding Surcharge' was compensation validly given in exchange for franchise rights and thus was not a tax subject to voter approval under Proposition 218. 		Tax 4DCA/1 Nov. 25, 2020
People v. Daniel
Although defendant had statutory right to counsel upon filing a sufficient Penal Code Section 1170.95 petition, violation of that right was not structural error and thus not reversible per se. 		statutory_interpretation 1DCA/1 Nov. 25, 2020
Big Lots Stores v. Superior Court (Menlo)
Dispute about scope of pro hac vice order should not result in disqualification of counsel until issue has been brought to trial judge's attention for clarification. 		Attorneys 4DCA/1 Nov. 25, 2020
Marriage of Sawyer
Family Code Section 5700.608 barred modification of child support order which was confirmed by operation of law due to husband's failure to timely challenge its registration. 		Family Law 6DCA Nov. 25, 2020
Communities for a Better Environment v. Energy Resources
Public Resources Code Section 25531 unconstitutionally abridges superior and appellate courts' original jurisdiction to hear Energy Resources Conservation and Development Commission siting decisions. 		Administrative Agencies 1DCA/4 Nov. 25, 2020
Modification: People v. Uber Technologies, Inc.
Because drivers performed services for defendant rideshare companies in usual course of defendants' businesses, there was reasonable probability of prevailing on drivers' claim that defendants misclassified drivers. 		Employment Law 1DCA/4 Nov. 25, 2020
St. Mary & St. John Coptic Orthodox Church v. SBC Insurance Services, Inc.
Insurance policy's 60-day vacancy provision unambiguously counted backwards from the date of the loss, regardless of property ownership. 		Insurance 1DCA/4 Nov. 25, 2020
Amended Opinion: Vega-Anguiano v. Barr
No valid legal basis for petitioner's removal order at time of its execution because underlying conviction had been expunged under state rehabilitative statute and he satisfied requirements of Federal First Offender Act. 		Immigration 9th Nov. 25, 2020
In re Taggart
Civil contempt is appropriate where there is no objectively reasonable basis for concluding that creditor's conduct was lawful. 		Bankruptcy 9th Nov. 25, 2020
Modification: Communities for a Better Environment v. Energy Resources
Public Resources Code Section 25531 unconstitutionally abridges superior and appellate courts' original jurisdiction to hear Energy Resources Conservation and Development Commission siting decisions. 		Administrative Agencies 1DCA/4 Nov. 25, 2020
Modification: State Lands Commission v. Plains Pipeline, L.P.
Plaintiff was not entitled to immunity from liability as public utility because it does not deliver essential municipal services to members of the general public. 		Torts 2DCA/6 Nov. 24, 2020
Coughenour v. Del Taco
Defendant's motion to compel arbitration was properly denied because plaintiff did not ratify arbitration agreement by continuing to work for defendant for four months after reaching age of 18. 		Arbitration 4DCA/2 Nov. 24, 2020
In re Edgerrin J.
Vague citizen's tip of 'shady' behavior, without more, could not furnish reasonable suspicion to justify detaining four minors. 		Juveniles 4DCA/1 Nov. 24, 2020
People v. Flinner
Antagonistic defenses require severance only when conflict is so prejudicial, that defenses are irreconcilable, and jury will infer that conflict alone demonstrates both are guilty. 		Criminal Law and Procedure CASC Nov. 24, 2020
People v. Schultz
There was no error in admitting expert testimony regarding actions taken in an initial expert's analysis; thus, death penalty was affirmed. 		Criminal Law and Procedure CASC Nov. 24, 2020
U.S. v. Bautista
District court erred in applying recidivist sentencing enhancement based on defendant's prior state conviction for transportation of marijuana after hemp was removed from federal drug schedule. 		statutory_interpretation 9th Nov. 24, 2020
U.S. v. Gutierrez
Order 		9th Nov. 24, 2020
Benson v. Casa De Capri Enterprises
Order 		9th Nov. 24, 2020
Olson v. U.S.
Plaintiff's claims under Family and Medical Leave Act were barred by statute of limitations because plaintiff did not prove that defendant willfully interfered with plaintiff's FMLA rights. 		Civil Procedure 9th Nov. 24, 2020
People v. Superior Court (Cal Cartage Transportation Express, LLC)
Federal Aviation Administration Authorization Act of 1994 does not preempt application of 'ABC' test under 'Dynamex Operations W. v. Superior Court.' 		Employment Law 2DCA/4 Nov. 23, 2020
U.S. v. Ngumezi
Police officer violated defendant's Fourth Amendment right by opening passenger-side car door and leaning inside to ask for registration without any particularized justification, such as that driver posed danger. 		Criminal Law and Procedure 9th Nov. 23, 2020
U.S. v. Houston
Order 		9th Nov. 23, 2020
Boule v. Egbert
'Bivens' remedies were available where US citizen alleged that border patrol agent violated Fourth Amendment by using excessive force while carrying out official duties within US. 		Civil Rights 9th Nov. 23, 2020
Rico v. Ducart
Prison officials were entitled to qualified immunity for inmate's claims of sleep deprivation from inherently loud court-ordered suicide-prevention checks. 		Civil Rights 9th Nov. 23, 2020
3500 Sepulveda LLC v. RREEF America REIT II
District court erred in granting summary judgment to defendants because plaintiff did not give up its rights under agreement between the parties. 		Real Property 9th Nov. 23, 2020
People v. Shelp
Post Release Community Supervision was enacted to rehabilitate nonviolent felons, not to reward the felon with custody credits that can theoretically reduce supervision period to zero. 		statutory_interpretation 2DCA/6 Nov. 23, 2020
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