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Petteway v. Galveston County
Order 		USSC Dec. 14, 2023
Migrant Clinicians Network v. U.S. Environmental Protection Agency
EPA's amended registrations of pesticide failed to comply with the Endangered Species Act and parts of the Federal Insecticide, Fungicide, and Rodenticide Act. 		Environmental Law 9th Dec. 14, 2023
State Water Board Cases
Trial court did not err in denying request to intervene when intervention would be duplicative and unduly complicate water rights case involving multiple plaintiffs. 		Civil Procedure 3DCA Dec. 14, 2023
People v. De La Rosa Burgara
Defendant who stipulated to an upper term in negotiated plea agreement was entitled to remand under Senate Bill 567 because the amendment was significant legal change affecting plea bargain's fairness. 		Criminal Law and Procedure 2DCA/6 Dec. 14, 2023
People v. Ruiz
Remand was required because the People had not met their burden to prove gang enhancement under amended requirements that the crime benefitted the gang more than mere reputation. 		Criminal Law and Procedure 2DCA/6 Dec. 14, 2023
People v. Hall
Criminal defendant's right to jury trial was not violated when trial court relied on aggravating circumstances not found by a jury in selecting his sentence pursuant to a negotiated disposition. 		Criminal Law and Procedure 1DCA/1 Dec. 14, 2023
Campbell v. Career Development Institute
Recent California Supreme Court decision regarding fair procedure doctrine required trial court to determine if student was entitled to hearing after being dismissed from private university. 		Civil Procedure 2DCA/8 Dec. 14, 2023
U.S. v. Esqueda
Because defendant consented to undercover officers' entry into motel room, surreptitious recording of ensuing firearm sale did not violate Fourth Amendment rights. 		Criminal Law and Procedure 9th Dec. 13, 2023
Vann v. City and County of San Francisco
Workers' compensation was exclusive remedy for firefighter injured on the job in accident caused by municipal bus driver in scope of his employment because they were co-employees of the city. 		Workers' Compensation 1DCA/2 Dec. 13, 2023
People v. Potter Handy, LLP
Litigation privilege barred district attorneys' unfair competition claims against law firm representing "serial" Americans with Disabilities Act litigants. 		Attorneys 1DCA/3 Dec. 12, 2023
Murthy v. Missouri
Order 		USSC Dec. 12, 2023
Tingley v. Ferguson
Order 		USSC Dec. 12, 2023
Stanard v. Dy
District court erroneously dismissed *Bivens* claim for prisoner denied treatment for Hepatitis C., as it was comparable to a prior *Bivens* case where prison officials were deliberately indifferent to an inmate's asthma 		Civil Rights 9th Dec. 12, 2023
U.S. v. Klensch
District court's failure to compare defendant's culpability to the average participant in the criminal activity when determining defendant's minor-role reduction warranted resentencing. 		Criminal Law and Procedure 9th Dec. 11, 2023
Miller v. City of Scottsdale
Restaurant owner's constitutional violation claims against City and arresting officer failed as officer had probable cause that owner was violating COVID-19 order disallowing in-person dining. 		Constitutional Law 9th Dec. 11, 2023
People v. Superior Court (Guevara)
Petitioner previously denied relief under the Reform Act serving life sentence for nonserious third strike was not entitled to full resentencing merely because his prior strike sentencing enhancement was invalid. 		Criminal Law and Procedure 2DCA/6 Dec. 11, 2023
People v. Carter
Defendant eligible for removal of a prison prior under Penal Code Section 1172.75 must be provided an opportunity for full resentencing even if their sentence resulted from a plea agreement. 		Criminal Law and Procedure 4DCA/1 Dec. 11, 2023
Baglione v. Health Net of California
Motion to compel arbitration was properly denied because arbitration agreements failed the requirements of Health and Safety Code Section 1363.1 for health care service plans. 		Arbitration 2DCA/8 Dec. 8, 2023
Earth Island Institute v. United States Forest Service
U.S. Forest Service's actions involved in approving environmental project to address fires, infestations, and infections, comported with all applicable regulations and statutes. 		Environmental Law 9th Dec. 8, 2023
Dominguez v. Better Mortgage Corp.
Court order limiting employer's communications with potential plaintiffs in collective employment action was appropriate given findings that the employer's prior communications regarding the suit had been coercive and misleading. 		Employment Law 9th Dec. 8, 2023
Argueta v. Worldwide Flight Services, Inc.
Employee complaints against plaintiff who brought a sexual harassment lawsuit were inadmissible because their substance had minimal relevance to her credibility. 		Evidence 2DCA/8 Dec. 7, 2023
Velasquez v. Workers' Compensation Appeals Bd.
Salvation Army was not employer for workers' compensation where injured party was hurt while participating in work therapy component of treatment program that was a condition of his sentence. 		Workers' Compensation 2DCA/6 Dec. 7, 2023
Beltran v. Hard Rock Hotel Licensing, Inc.
Trial court erred in using outdated standards to grant summary judgment on Fair Employment and Housing Act sexual harassment claim. 		Employment Law 4DCA/3 Dec. 7, 2023
Kohn v. State Bar of California
The California State Bar enjoys Eleventh Amendment immunity from suit in federal court. 		Attorneys 9th Dec. 7, 2023
New England Country Foods LLC v. Vanlaw Food Products, Inc.
Order 		9th Dec. 7, 2023
People v. Berry-Vierwinden
Defendant's petition for resentencing under Penal Code Section 1172.6 was denied because a direct aider and abettor could not be convicted of lying-in-wait murder on an imputed malice theory. 		Criminal Law and Procedure 4DCA/1 Dec. 7, 2023
City of Whittier v. Everest National Insurance Company
Insurance Code Section 533 might not bar coverage where city's alleged whistleblower retaliation could be both "willful" and in good faith. 		Insurance 2DCA/1 Dec. 7, 2023
People ex rel. Schlesinger v. Sachs
Despite the Election Code's usual four-year term, councilmembers could not unilaterally extend two-year terms of office because the election notice specified that they were elected for a two-year term. 		Government 4DCA/3 Dec. 6, 2023
Acheson Hotels, LLC v. Laufer
U.S. Supreme Court decided not to rule on standing issue involving Americans with Disabilities Act Reservation Rule compliance "tester." 		Disability Discrimination USSC Dec. 6, 2023
Kim v. Tinder Inc.
Plaintiff was an inadequate class representative for class action lawsuit against Tinder's age-discriminatory pricing policy because she was subject to a binding arbitration order that other class members were not. 		Consumer Law 9th Dec. 6, 2023
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