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Metlakatla Indian Community v. Dunleavy
While not expressly stating the Metlakatla Native American's right to fish in certain Alaskan waters, the 1891 Act establishing their reservation required inference of such a right.
Native American Affairs 9th Sep. 9, 2022
Pacheco v. U.S.
Order
9th Sep. 9, 2022
Jones v. Bonta
Order
9th Sep. 8, 2022
Aguilar v. Walgreen
District court's order invalidating law firm's class action settlement opt-outs was amenable to review after final judgment, placing it outside of the third collateral order requirement, "effective unreviewability."
Civil Procedure 9th Sep. 8, 2022
ZF Micro Solutions, Inc. v. TAT Capital Partners, Ltd.
Suit seeking only monetary damages was an action at law, not in equity, and therefore complainant was entitled to a jury trial.
Civil Procedure 4DCA/3 Sep. 8, 2022
Apple Annie, LLC v. Oregon Mutual Ins. Co.
Restaurants' business interruption claim failed because mere loss of use of physical property to generate business income, without physical impact on the property, did not give rise to insurance coverage for direct physical loss.
Insurance 1DCA/2 Sep. 7, 2022
Oswald v. Murray Plumbing & Heating Corp.
Construction worker validly waived his right to file a Private Attorneys General Act action as part of his collective bargaining agreement.
Arbitration 2DCA/2 Sep. 7, 2022
Patsalis v. Shinn
Arizona Court of Appeals decision was entitled to deferential Anti-Terrorism and Effective Death Penalty Act review because petitioner's Eight Amendment claims were adjudicated on the merits.
Constitutional Law 9th Sep. 7, 2022
Tingley v. Ferguson
Neither the First nor Fourteenth Amendments prohibited the state of Washington from stopping the practice of conversion therapy on minors by state-licensed healthcare providers.
Civil Rights 9th Sep. 7, 2022
C.I. v. San Bernardino City Unified School Dist.
School district was not negligent in its duty to protect students from foreseeable injury because criminal attack on school grounds by teacher's estranged spouse was not foreseeable.
Torts 4DCA/2 Sep. 7, 2022
People v. Nguyen
Under the Interstate Agreement on Detainers, dismissal was not available when Colorado warden took 14 weeks to notify prisoner of his right to demand final disposition of his pending California charges.
Criminal Law and Procedure 6DCA Sep. 6, 2022
Arizona Alliance for Community Health Centers v. Arizona Health Care Cost Containment System
Categorical exclusion of adult chiropractic services from Arizona's state Medicaid program was a violation of the Medicaid Act.
Health Care 9th Sep. 6, 2022
Hoyos v. Davis
Petitioner did not make a prima facie showing that prosecutor's peremptory strikes of Hispanic prospective jurors were racially discriminatory.
Criminal Law and Procedure 9th Sep. 6, 2022
Myles v. U.S.
Claims that ICE agents lied under oath, fabricated evidence, and tampered with witnesses did not fall under discretionary function immunity because the alleged conduct had no legitimate policy justification.
Immunity 9th Sep. 6, 2022
Lopez v. Allen
Trial counsel was not ineffective when failing to obtain firearm's acoustic expert because facts showed there was no reasonable probability that the outcome would be different even with its inclusion.
Criminal Law and Procedure 9th Sep. 6, 2022
U.S. v. Guerrero
Trooper's search of a tinted car containing 20,000 rounds of ammunition and hour-long detention of the suspect was supported by probable cause.
Constitutional Law 9th Sep. 6, 2022
Estate of Jones
Settlement agreement containing condition precedent regarding method of payment that never materialized was still enforceable because it contained an independent, enforceable promise to pay.
Contracts 1DCA/3 Sep. 6, 2022
In re Y.M.
Father's failure to show prejudice resulting from welfare agency's failure to carry out its duty of initial inquiry under the Indian Child Welfare Act meant order terminating his parental rights did not require reversal.
Dependency 4DCA/1 Sep. 6, 2022
People v. Garcia
Felony-murder conviction was upheld since petitioner was still considered the "actual killer" of a 82-year-old who died from an aggravated preexisting medical condition during the underlying robbery.
Criminal Law and Procedure 3DCA Sep. 6, 2022
2710 Sutter Ventures, LLC v. Millis
Landlord's termination of tenancy notice was defective when it failed to strictly comply with proper notice requirements under San Francisco's rent ordinance.
Real Property 1DCA/4 Sep. 2, 2022
Sarkany v. West
Under Code of Civil Procedure Section 995.240, trial courts have authority to waive the requirement for indigent litigants that a bond or undertaking be given to stay enforcement of a money judgment pending appeal.
Civil Procedure 1DCA/2 Sep. 1, 2022
24th & Hoffman Investors, LLC v. Northfield Ins. Co.
Insurer was not obliged to defend insured against tenants' lawsuit because tenants' claims were excluded under policy's provision excluding liability for violations of insured's duty of habitability.
Insurance 1DCA/3 Sep. 1, 2022
Vanegas v. City of Pasadena
No Fourth Amendment violation where probable cause existed to arrest defendant even though the basis for probable cause was not what defendant was arrested for.
Civil Rights 9th Sep. 1, 2022
Wright v. Alaska
The district court did not have jurisdiction in a habeas case because there was no sufficient nexus between failing to register as a sex offender in Tennessee and the Alaska sexual abuse conviction.
Criminal Law and Procedure 9th Sep. 1, 2022
Gonzalez-Castillo v. Garland
INTERPOL Red Notice lacking any specific factual allegations was insufficient to establish probable cause that asylum applicant had committed a serious non-political crime before arriving in the United States.
Immigration 9th Sep. 1, 2022
Simmons v. Arnett
Prison guard was entitled to qualified immunity because prisoner failed to satisfy his burden to show that the Eighth Amendment rights allegedly violated were clearly established.
Qualified Immunity 9th Sep. 1, 2022
Will Co., Ltd. v. Lee
Specific personal jurisdiction was established against Hong-Kong based video-hosting website when they profited from U.S. viewers, hosted the website in Utah and addressed U.S. legal compliance on their site.
Civil Procedure 9th Sep. 1, 2022
U.S. v. Latu
District court properly admitted statements made by assaulted inmate to his medical providers, as the statements fell within the hearsay exception for statements made for purposes of medical diagnosis or treatment.
Evidence 9th Sep. 1, 2022
W.B. Music Corp. v. Royce Intl. Broadcasting Corp.
District court acted within its broad discretion to prolong receivership to aid in execution of Copyright Act judgment, even though defendants claimed they had satisfied the judgment.
Remedies 9th Sep. 1, 2022
Saliba v. USSEC
Even though it had jurisdiction over other issues, the court lacked jurisdiction over issue SEC remanded because it was not a final order from which legal consequences would flow.
Securities 9th Sep. 1, 2022