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Name Category Published
U.S. v. State of California
The intergovernmental immunity doctrine and conflict preemption doctrine did not provide grounds for fully enjoining enforcement of California immigration statutes AB 450, AB 103, and SB 54. 		Immigration 9th Apr. 19, 2019
People v. Superior Court (J.C. Penney Corp., Inc.)
Demurrer based on vagueness should not be sustained to complaint that stated a cognizable theory of liability under the statute which clearly applied to some or all of defendants' conduct. 		Constitutional Law 2DCA/4 Apr. 18, 2019
Brown v. Goldstein
The text of parties' agreement, interpreted with aid of extrinsic evidence submitted, showed that parties intended that performance royalties would be included in revenue-sharing provision; thus, judgment reversed. 		Contracts 2DCA/7 Apr. 18, 2019
Washington v. Ryan
Defense counsel's performance was ineffective when counsel failed to adequately investigate, develop, and present mitigating evidence to the jury at the penalty phase of defendant's capital punishment trial. 		Criminal Law and Procedure 9th Apr. 18, 2019
Cox v. Griffin
Appellant barred from adding theory of malicious prosecution on appeal because it was not litigated in the trial court, and the facts presented at trial were conflicting rather than undisputed. 		Civil Procedure 4DCA/1 Apr. 18, 2019
Xue Lu v. United States
Because district court did not have the benefit of 'Goodyear Tire & Rubber Co. v. Haeger' when it issued an award of attorneys' fees, it failed to apply the appropriate legal framework. 		Government 9th Apr. 18, 2019
Summers v. Colette
No continuous directorship requirement should be read into Corporations Code Sections 5233(c), 5142(a), and 5223(a), and refusal to grant leave to amend to join an indispensable party was erroneous. 		statutory_interpretation 2DCA/7 Apr. 17, 2019
Burch v. CertainTeed Corp.
Substantial evidence supported jury's finding that defendant intentionally concealed health hazards of asbestos from plaintiff; thus, trial court properly denied defendant's motion for judgment notwithstanding verdict. 		Torts 1DCA/4 Apr. 17, 2019
Grimm v. Vortex Marine Construction
District courts lack jurisdiction over merits of litigation disputing Longshore Act compensation orders, which must specify a money allowance or method for calculating it to fall under this limited jurisdiction. 		Labor Law 9th Apr. 17, 2019
Erickson Productions,Inc. v. Kraig Kast
Trial court incorrectly found for plaintiff in copyright suit where defendant did not seek or receive 'direct financial benefit' by use of plaintiff's images on defendant's website. 		Copyright 9th Apr. 17, 2019
Baldwin v. United States
Treasury Regulation Section 301.7502-1(e) made clear that Internal Revenue Code Section 7502 displaced the common-law mailbox rule; thus, under Section 7502 plaintiffs did not timely file their amended tax return. 		Tax 9th Apr. 17, 2019
Oracle USA v. Rimini Street
Order 		9th Apr. 17, 2019
People v. Medina
'Kill zone' jury instructions are inappropriate when defendant lacked a primary target and did not specifically intend to kill everyone in the area around that target to ensure his death. 		Criminal Law and Procedure 2DCA/1 Apr. 17, 2019
Stennett v. Miller
Nonmarital biological child of absentee father who never openly held her out as his own does not have standing to assert cause of action for his wrongful death. 		probate_and_trusts 4DCA/3 Apr. 16, 2019
People v. Flores
Defendant's Sixth Amendment rights were violated by counsel's pursuit of defenses that did not comport with defendant's insistence that he did not commit the alleged criminal acts. 		Constitutional Law 4DCA/1 Apr. 16, 2019
Castro v. Tri Marine Fish Co
A settlement agreement and confirming order do not constitute an arbitral award under the New York Convention and Convention Act simply because they are signed in the presence of an arbitrator. 		Arbitration 9th Apr. 16, 2019
People v. Washington
Defendant, whose mother's retainer agreement with counsel provided for routine defense costs to be paid by mother, was not entitled to copies of supplemental discovery made at the county's expense. 		Criminal Law and Procedure 3DCA Apr. 16, 2019
Ingenco Holdings v. Ace Amer. Ins. Co.
If an insured violates a condition precedent in a policy agreement, an insurer nonetheless may not deny coverage under the policy absent prejudice. 		Insurance 9th Apr. 16, 2019
Cal. Dept. of Social Services v. Marin
Foster care maintenance payment rate increases mandated by 'California State Foster Parent Assn. v. Lightbourne' do not apply retroactively to plaintiff's adopted children; thus, judgment granting petition for writ of mandate reversed. 		Government 2DCA/6 Apr. 16, 2019
People v. Hernandez
Senate Bill No. 620 does not apply retroactively to cases that become final, in order to assure that penal laws will maintain their desired deterrent effect. 		Criminal Law and Procedure 2DCA/6 Apr. 16, 2019
Dunn v. Price
Order 		USSC Apr. 15, 2019
People v. Dearborne
Pinning down a victim and pressing an object the victim believed to be a gun into her side constituted force underlying a conviction for forcible rape. 		Criminal Law and Procedure 4DCA/3 Apr. 15, 2019
U.S. v. Price
18 U.S.C Section 2244 does not require the government to prove beyond a reasonable doubt that the perpetrator subjectively knew the victim did not consent to sexual contact. 		Criminal Law and Procedure 9th Apr. 15, 2019
People v. Easter
Substantial evidence was presented that defendant was experiencing new and worsened symptoms constituting substantial change of circumstances in his mental condition; thus, trial court erred in failing to reinstate competency proceedings. 		Criminal Law and Procedure 1DCA/2 Apr. 15, 2019
Parker Drilling Mgmt. Services v. Newton
Order 		USSC Apr. 15, 2019
McDonough v. Smith
Order 		USSC Apr. 15, 2019
Fort Bend County, TX v. Davis
Order 		USSC Apr. 15, 2019
Dept. of Commerce, et al v. New York, et al
Order 		USSC Apr. 15, 2019
People v. Morrison
Courts have discretion to replace enhancements with lesser included enhancements, under Penal Code Section 12022.53(d). 		Criminal Law and Procedure 1DCA/5 Apr. 15, 2019
Scoggins (Willie) on H.C.
Order 		3DCA Apr. 12, 2019
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