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Save Berkeley's Neighborhoods v. Regents of the University of California
Trial court's orders suspending UC Berkeley student enrollment increases were unenforceable in light of Senate Bill 118's amendments to CEQA.
Environmental Law 1DCA/1 May 23, 2023
North American Title Company v. Superior Court (Cortina)
Insurance companies' judge disqualification claim, based on judge's bias because of comments regarding companies' chicanery, was unwaivable.
Judges 5DCA May 23, 2023
Calcutt v. Federal Deposit Insurance Corp.
Sixth Circuit erred by proceeding to conduct its own review of the record even after it had identified errors in FDIC decision.
Administrative Agencies USSC May 23, 2023
Amended Opinion: Porter v. Martinez
Although restriction on using vehicle's horn was a restriction on speech, it was narrowly tailored to further government's interest in traffic safety.
Constitutional Law 9th May 23, 2023
Cassirer v. Thyssen-Bornemisza Collection Foundation
Order
9th May 23, 2023
People ex rel. Garcia-Brower v. Kolla's, Inc.
Under Labor Code Section 1102.5(b), protected disclosures include complaints or reports of violations already known to employers or entities.
Employment Law CASC May 23, 2023
People v. Govan
Penal Code Section 667.61 did not negate the court's newly acquired discretion to stay a sentence for a one-strike offender because it only prohibited placing an one-strike offender on probation.
Criminal Law and Procedure 2DCA/7 May 23, 2023
Shetty v. HSBC Bank USA, N.A.
Pursuant to Civil Code Section 2924c, grant deed holder, who was not the original borrower, was a successor-in-interest to foreclosed condo and therefore was entitled to reinstatement rights.
Real Property 4DCA/3 May 22, 2023
Kinder v. Capistrano Beach Care Center
Forms signed by adult children putting mother in care facility did not establish agency relationship that would bind nonsignatory mother to arbitrate her elder abuse claims.
Arbitration 2DCA/7 May 22, 2023
Randy's Trucking v. Superior Court (Buttram)
Trial court's order to transmit data of the plaintiffs' mental examination to her attorney was proper because transfer was subject to a protective order and did not violate examiner's professional standards.
Civil Procedure 5DCA May 22, 2023
Modification: Crescent Trust v. City of Oakland
For purposes of the Subdivision Map Act, determining whether property lot was separate from or had been legally merged with other lots required an analysis of controlling laws at the time of lots' origin.
Real Property 1DCA/1 May 22, 2023
Arizona v. Mayorkas
Order
USSC May 22, 2023
Friedenberg v. Lane County
Defendants met the qualifications for immunity as "deemed" public health service employees.
Health Care 9th May 22, 2023
People v. Jaime
Failure to apply new statutory framework for analyzing the constitutional validity of preemptory challenges to prospective jurors where a prospective juror was challenged for presumptively invalid reasons was prejudicial error.
Criminal Law and Procedure 3DCA May 22, 2023
Feliz v. County of Orange
Plaintiff's Federal Rules of Civil Procedure 60(b)(6) motion to vacate judgment did not toll the statutes of limitations because it did not affect the finality of her claims' dismissal.
Civil Procedure 4DCA/3 May 22, 2023
Travis v. Brand
Despite outcome at trial or plaintiffs' motives for suing, awarding attorney fees to defendants in Political Reform Act suit was inappropriate where plaintiffs had a legal and factual foundation.
Government 2DCA/8 May 22, 2023
In re I.E.
Mother could not show that parental benefit exception applied because there was no evidence of the type of attachment that would cause her daughter to suffer if parental rights were terminated.
Dependency 4DCA/2 May 19, 2023
In re Ja.O.
Because children were placed into protective custody pursuant to a warrant, further inquiry as to children's possible Native American ancestry was not required.
Dependency 4DCA/2 May 19, 2023
Futterman v. Kaiser Foundation Health Plan, Inc.
In class action suit against Kaiser for its deficient mental health services, Kaiser members provided sufficient triable issues of fact to survive summary judgment.
Health Care 1DCA/4 May 19, 2023
Modification: Glassman v. Safeco Insurance Company of America
Prejudgment interest was denied where the arbitration award did not make clear whether defendant could have readily ascertained the amount owed.
Civil Procedure 6DCA May 19, 2023
Polselli v. IRS
Lower courts correctly determined that petitioners could not move to quash IRS's summonses seeking their financial records because no notice was needed, pursuant to a statutory exception to the notice requirement.
Tax USSC May 19, 2023
Ohio Adjutant General's Dept. v. Federal Labor Relations Authority
Federal Labor Relations Authority had jurisdiction over labor dispute because a State National Guard acts as a federal agency for purposes of the FSLMRS.
Labor Law USSC May 19, 2023
Twitter, Inc. v. Taamneh
Plaintiffs' allegations that social-media companies aided and abetted ISIS terrorist attack failed to state a claim under the Antiterrorism Act.
Torts USSC May 19, 2023
Andy Warhol Foundation for Visual Arts, Inc. v. Goldsmith
Publication of artwork derived from copyrighted photograph in a magazine was a commercial use similar enough to that of the original photograph that weighed against a finding of fair use.
Copyright USSC May 19, 2023
Amgen Inc. v. Sanofi
Drug company's antibody cholesterol treatment patent did not meet Patent Act's enablement requirement because its claims would potentially include millions of undiscovered antibodies.
Patent Law USSC May 19, 2023
Gonzalez v. Google LLC
Plaintiffs failed to plausibly state a claim against Google and YouTube for conspiracy liability for ISIS terrorist operations based on ISIS' use of the platform.
Torts USSC May 19, 2023
U.S. v. Williams
District court improperly disqualified the entire Arizona U.S. Attorney's Office from bringing gang charges based on a conflict of interest involving one Assistant U.S. Attorney.
Attorneys 9th May 19, 2023
People v. Middleton
Specific intent about a minor's age is not a necessary element of attempted human trafficking of a minor.
Criminal Law and Procedure 2DCA/7 May 19, 2023
Castelo v. Xceed Financial Credit Union
Separation agreement containing release of claims was not statutorily void where the employee knew of a potential claim at the time of signing and accepted the benefits of the agreement.
Contracts 2DCA/7 May 19, 2023
In re A.H.
Distant extended family member's appeal was dismissed because she lacked a legally cognizable interest in minor child's placement and thus had no standing to appeal the juvenile court's decision.
Dependency 1DCA/2 May 18, 2023