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Anthony v. Louisiana
Order
USSC Nov. 14, 2022
Buffington v. McDonough
Order
USSC Nov. 14, 2022
Friends of Alaska National Wildlife Refuges v. Haaland
Order
9th Nov. 14, 2022
Seaview Trading v. Commissioner of Internal Revenue
Order
9th Nov. 14, 2022
Zhang v. Superior Court (Dentons US LLP)
By signing a partnership agreement, California lawyer consented to arbitrate dispute with law firm in New York court, which included arbitrating whether lawyer was an employee who could invoke Labor Code Section 925.
Arbitration 2DCA/8 Nov. 11, 2022
Unicolors Inc. v. H&M Hennes & Mauritz L.P.
Because plaintiff did not know that its practice of bundling designs under a single, copyright registration would run afoul of registration requirements, its copyright registration was valid under the Copyright Act's safe-harbor provision.
Copyright 9th Nov. 11, 2022
Price v. Victor Valley Union High School Dist.
A jury could reasonably conclude that a school district regarded a part-time special education aid as having a physical disability when it rescinded its offer for a full-time position based on the aid's failure of a physical test.
Disability Discrimination 4DCA/2 Nov. 11, 2022
Ramirez v. PK I Plaza 580 SC LP
*Privette* doctrine did not protect shopping center owner from liability for independent contractor's injuries because owner did not hire the contractor nor delegate its duty to provide a safe workplace.
Torts 1DCA/1 Nov. 11, 2022
Dedication and Everlasting Love v. City of El Monte
Lot owner's appeal of a Hearing Officer's decision was transferred to the appellate division of the Los Angeles County Superior Court since it was a limited civil case.
Civil Procedure 2DCA/8 Nov. 10, 2022
Doe v. Software One
Statements made by the company's technical director were admissible to show discriminatory or retaliatory animus against a fired employee because they were made by a high-ranking organizational agent.
Evidence 4DCA/3 Nov. 10, 2022
Raja Development Co. v. Napa Sanitary Dist.
Sustaining demurrer was improper when the sanitation district had not established that the challenged fee was severable from the fee that was barred by the statute of limitations.
Civil Procedure 1DCA/4 Nov. 10, 2022
People v. Buchanan
Delay of trial was not personally prejudicial once appearance date for misdemeanor arrest passed without formal charges being filed because defendants were no longer accused for Sixth Amendment purposes.
Criminal Law and Procedure 6DCA Nov. 10, 2022
Online Merchants Guild v. Maduros
Tax Injunction Act barred federal jurisdiction over e-commerce merchants trade association's claims because it sought an injunction that would stop collection of a state tax, and an adequate state law remedy was available.
Tax 9th Nov. 10, 2022
Magassa v. Mayorkas
Cargo service agent's Section 1981 discrimination claim against an FBI agent failed because the agent was a federal official acting under color of federal law.
Immunity 9th Nov. 10, 2022
Unzueta v. Akopyan
Peremptory challenges may not be used to excuse potential jurors who are associated with characteristics listed in Government Code Section 11135(a) which includes those associated with someone who has a disability.
Civil Procedure 2DCA/7 Nov. 9, 2022
Randle v. Farmers New World Life Insurance Co.
Since insurance policy's requirements for changing ownership do not control over the provisions of a contract of which the insurer has notice, summary judgment was improper where dispute existed over insurance company's knowledge.
Insurance 2DCA/8 Nov. 9, 2022
People v. Berdoll
Remand of trial court's imposition of an upper term sentence was unnecessary because any jury would have found at least one of the aggravating sentencing factors beyond a reasonable doubt.
Criminal Law and Procedure 2DCA/6 Nov. 9, 2022
In re E.C.
Department of Human Services inquiry into child's potential Indian ancestry fell short because it failed to conduct a further inquiry under the Indian Child Welfare Act, and failed to document any inquiry or its findings in the record.
Dependency 5DCA Nov. 9, 2022
Roe v. Hesperia Unified School Dist.
Minor plaintiffs' allegations against the school district for several negligence claims did not require alleging actual knowledge; instead, constructive knowledge, which may be supported by circumstantial evidence, sufficed.
Education 4DCA/2 Nov. 8, 2022
Taska v. The RealReal, Inc.
Corrected arbitrator's award seeking to award attorney fees and costs was ineffective because arbitrator exceeded her authority to correct an arbitration award after it was final.
Arbitration 1DCA/5 Nov. 8, 2022
Amended Opinion: Jones v. Ryan
Defense counsel provided ineffective assistance by failing to secure defense mental expert given indications defendant likely suffered from some sort of mental illness.
Criminal Law and Procedure 9th Nov. 8, 2022
The Travelers Indemnity Co. v. Lara
The doctrine of exclusive concurrent jurisdiction did not apply where both trial court and state agency had concurrent jurisdiction, but even if it had, there was no demonstrable prejudice.
Administrative Agencies 2DCA/7 Nov. 7, 2022
Amiodarone Cases
Patients' claims were preempted by the federal Food, Drug, and Cosmetic Act because patients could not state an independent state-law claim for drug companies' alleged failure to warn of a drug's side effects.
Torts 1DCA/2 Nov. 7, 2022
Shouse v. County of Riverside
The one-year limitations period under the Public Safety Officer's Bill of Rights is not triggered until the public agency determines that discipline may be taken.
Government 4DCA/2 Nov. 7, 2022
Ray v. Los Angeles County Dept. of Public Social Services
Under the Fair Labor Standards Act, Los Angeles County is a joint employer of the In-Home Supportive Services program and therefore could be held liable for overtime compensation.
Employment Law 9th Nov. 7, 2022
Wisner v. Dignity Health
Evidence was insufficient for a jury to conclude that medical board's National Practitioner Data Bank report was false because evidence established that the reported physician was under investigation at time of resignation.
Health Care 3DCA Nov. 7, 2022
State Dept. of State Hospitals v. Superior Court (Jane Doe)
Overruling demurrer with leave to amend was error where plaintiff failed to demonstrate she could allege facts establishing an exception to public entity's immunity from liability for employees' tortious conduct.
Immunity 1DCA/5 Nov. 4, 2022
Galvez v. Jaddou
Permanent injunction permitting tolling of deadlines for special immigrant juvenile petitioners must be tailored to meet statutory requirements.
Immigration 9th Nov. 4, 2022
Mills v. Facility Solutions Group
Trial courts may decline to sever unconscionable provisions in an arbitration agreement when there are too many unconscionable provisions and would require essentially rewriting the agreement.
Arbitration 2DCA/7 Nov. 3, 2022
GC Brothers Entertainment v. Alcoholic Beverage Control
A liquor licensee's motion to vacate a Department of Alcoholic Beverage Control decision following default should have been treated as a general denial to be supported by evidence of lack of notice later.
Administrative Agencies 2DCA/1 Nov. 3, 2022