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Flower World v. Sacks
State mandates addressing public health crisis were not federally preempted because they were not related to occupational safety or health issues addressed by a properly promulgated federal standard. 		Employment Law 9th Aug. 12, 2022
Spletstoser v. Hyten
Government was not immune from suit because former colonel's alleged sexual assault by a former general was not incident to military service. 		Torts 9th Aug. 12, 2022
National Labor Relations Board v. Ampersand Publishing
National Labor Relations Board did not abuse its discretion by ordering an employer to reimburse a union for legal fees incurred during the contract bargaining process as a result of employer's unfair labor practices. 		Labor Law 9th Aug. 12, 2022
Planet Aid v. Reveal
Public charity and charity director were limited public figures subject to actual malice standard for defamation claim since they engaged in press and solicited public donations for the controversial charity. 		Torts 9th Aug. 12, 2022
U.S. v. Magdaleno
Special condition of supervised release that prevented high-ranking gang member from associating with gang-affiliated siblings was substantively reasonable because it did not qualify as an intimate relationship. 		Criminal Law and Procedure 9th Aug. 12, 2022
Zolly v. City of Oakland
Oakland had not shown on demurrer that its challenged franchise fees were exempt from voter approval requirements under Article XIII C of the California Constitution. 		Tax CASC Aug. 12, 2022
People v. Morelos
Defendant knowingly and voluntarily waived his right to a jury trial during the guilt and penalty phases after informing the trial court that he understood the waiver three separate times. 		Criminal Law and Procedure CASC Aug. 12, 2022
Sabra v. Maricopa County Community College District
Arizona community college teacher was entitled to qualified immunity since plaintiffs' Free Exercise claim was not clearly established at the time of the alleged Islamophobic quiz. 		Civil Rights 9th Aug. 11, 2022
Pierce v. Jacobsen
Banning out-of-state petition circulators from petition initiative process was an overly broad and unconstitutional regulation that imposed a severe restriction on a core form of political speech. 		Civil Rights 9th Aug. 11, 2022
Needham v. Superior Court (People)
The People may not retain a private psychological expert to testify in a trial to determine whether a party qualifies as a sexually violent predator. 		Criminal Law and Procedure 4DCA/3 Aug. 10, 2022
U.S. ex rel. Hartpence v. Kinetic Concepts
The compliance certification process for Medicare reimbursement of wound therapy pump devices was material under the False Claims Act because it was necessary for payment of a claim. 		Health Care 9th Aug. 10, 2022
Caremark v. Chickasaw Nation
Where Native American tribe and pharmacy provider's contract contained a delegation clause, the district court properly submitted threshold questions of arbitrability to the arbitrator. 		Arbitration 9th Aug. 10, 2022
Creditors Adjustment Bureau v. Imani
A stipulated judgment, which lessee agreed to accept to settle breach of lease agreement, was the exact amount of damages suffered, not a penalty or liquidated damage provision. 		Contracts 2DCA/6 Aug. 10, 2022
Dept. of Fair Housing and Employment v. Cisco Systems, Inc.
Department of Fair Employment and Housing can not be compelled to arbitrate an employment discrimination lawsuit merely because the affected employee agreed to arbitrate disputes with the employer. 		Arbitration 6DCA Aug. 9, 2022
Dept. of Fair Employment and Housing v. Superior Court (Cisco Systems)
When determining whether a party may proceed pseudonymously, the court must take all relevant considerations into account, including the specific risk of retaliatory harm to family members outside the jurisdiction. 		Civil Procedure 6DCA Aug. 9, 2022
Fisher v. County of Orange
County's assessor did not err in assessing the value of mobilehome property by subtracting the estimated value of the mobilehome from the total purchase price. 		Tax 4DCA/3 Aug. 9, 2022
People v. Strong
Findings issued before *People v. Banks* do not categorically preclude a defendant convicted of felony murder with a special-circumstance finding from resentencing. 		Criminal Law and Procedure CASC Aug. 9, 2022
White v. Kijakazi
Where claimant for disability benefits presents evidence of job-number estimates vastly disparate from vocational expert's yet allegedly using the same methodology, remand was required to resolve the inconsistency. 		Administrative Agencies 9th Aug. 9, 2022
Kennedy v. Bremerton School District
Order 		9th Aug. 9, 2022
People v. Lopez
Assembly Bill No. 333's amendments to the definition of a criminal street gang applied to the voter-enacted gang conspiracy statute. 		Criminal Law and Procedure 5DCA Aug. 8, 2022
Alfaro v. Waterhouse Management Corp.
Anti-SLAPP motion was denied because the filing of the malicious prosecution lawsuit did not form the basis of respondent's retaliation claim. 		Anti-SLAPP 2DCA/6 Aug. 8, 2022
Modification: People v. Ayon
Trial court erred in denying defendant's motion to suppress where objective facts showed that the police's true reason for traffic stop was to search for drugs and they prolonged the stop to wait for the narcotics dog. 		Criminal Law and Procedure 6DCA Aug. 8, 2022
Montiel v. Chappell
Even assuming counsel's deficient performance, state court ruling was not so lacking in justification that it met the demanding standard required to overturn it under AEDPA. 		Criminal Law and Procedure 9th Aug. 8, 2022
Hernandez v. City of Phoenix
Phoenix police officer's personal Facebook posts denigrating Muslims and Islam warranted First Amendment protection because they qualified as speech on matters of public concern. 		Civil Rights 9th Aug. 8, 2022
Troncoso-Oviedo v. Garland
Pretrial detention that is not credited toward a defendant's sentence is not confinement "as a result of conviction" that would make an alien ineligible for cancellation of removal. 		Immigration 9th Aug. 8, 2022
Fauber v. Davis
Defendant was not entitled to habeas relief because no clearly established federal constitutional law holds that an unaccepted plea offer qualifies as evidence in mitigation that must be admitted in a capital penalty proceeding. 		Criminal Law and Procedure 9th Aug. 8, 2022
People v. Vang
Felony-murder amendment applies in all felony murder cases, not just those with accomplice liability. 		Criminal Law and Procedure 3DCA Aug. 8, 2022
California State Water Resources Control Board v. Federal Energy Regulatory Commission
California Water Resources Control Board was not engaged in coordinated effort with hydroelectric water project applicants to delay federal certification because it merely acquiesced to the applicants' decisions. 		Environmental Law 9th Aug. 5, 2022
Brennon B. v. Superior Court (West Contra Costa Unified School District)
Student was not entitled to enhanced remedies available under the Unruh Civil Rights Act because a public school district is not a "business establishment" within the meaning of the Act. 		Disability Discrimination CASC Aug. 5, 2022
Broad Beach Geologic Hazard v. 31506 Victoria Point LLC
The Right to Vote on Taxes Act required assessing agency to separate and quantify general benefits from a widened beach and assess only the portion of the cost on homeowners that represented special benefits. 		Tax 2DCA/4 Aug. 4, 2022
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