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Washington v. Kijakazi
Pro se litigant impliedly consented to magistrate judge's authority to enter final judgment where he was apprised of the consequences of consent but only objected following an unfavorable decision.
Judges 9th Jul. 6, 2023
Gonzalez v. Google
Order
9th Jul. 6, 2023
Project Veritas v. Schmidt
Oregon law prohibiting unannounced recordings of conversations was facially invalid as a content-based restriction that violates free speech.
Constitutional Law 9th Jul. 6, 2023
Braugh v. Dow
Defendant's motion to vacate default was timely because the judgment was void, as plaintiff had improperly served the summons herself.
Civil Procedure 2DCA/8 Jul. 6, 2023
People v. Hernandez
Defendant's motion to withdraw a plea should have been brought in the county where he was prosecuted and sentenced, not where he lived during probation.
Criminal Law and Procedure 2DCA/8 Jul. 6, 2023
Price v. Superior Court (People)
Where first stage of Google's production protocol for executing geofence warrant narrowly identified time and location, that the succeeding stages allowed officer more discretion was immaterial for Fourth Amendment analysis.
Criminal Law and Procedure 4DCA/2 Jul. 6, 2023
Mendoza-Linares v. Garland
Order
9th Jul. 6, 2023
Herbal Brands, Inc. v. Photoplaza, Inc.
Because defendants' actions met expressly-aimed requirement establishing sufficient minimum contacts, Arizona district court had personal jurisdiction over defendants who used their Amazon storefronts to sell plaintiff's brand of products.
Civil Procedure 9th Jul. 6, 2023
In re D.L.
Statutory provision criminalizing possessing a loaded firearm in public was not unconstitutional even though "good cause" licensing requirement of related statutory scheme was unconstitutional because the invalid provision was severable.
Constitutional Law 1DCA/2 Jul. 6, 2023
People v. Hilburn
Trial court appropriately imposed middle term in sentencing, despite mitigating circumstances.
Criminal Law and Procedure 4DCA/1 Jul. 6, 2023
Ahn v. Stewart Title Guaranty Co.
Sales executive lacked standing to bring a Cartwright Act antitrust claim because his job termination was not an "antitrust injury."
Antitrust 4DCA/1 Jul. 6, 2023
Wong v. Stillwater Insurance Co.
Married couple was not covered for "direct physical loss" by their insurance policy since there was no direct evidence that their stored embryos had gone through a demonstrable physical alteration.
Insurance 1DCA/2 Jul. 5, 2023
Keene-Stevens v. Commissioner of Internal Revenue
The Tax Court erred by accepting, in individual deficiency proceedings, the partnership losses that taxpayers claimed on unsigned, unfiled tax forms to offset their non-partnership income.
Tax 9th Jul. 5, 2023
People v. Campbell
Intent to kill finding does not preclude relief as a matter of law for defendants seeking resentencing based on felony murder amendments.
Criminal Law and Procedure 1DCA/2 Jul. 5, 2023
Tiedemann v. Blanckense
Prisoner's transfer did not moot complaint challenging the Bureau of Prison's phone time cap where the alleged injury was caused by system-wide policy and a named defendant could provide relief.
Prisoners' Rights 9th Jul. 5, 2023
Hacker v. Fabe
Plaintiff was the alter ego of his company since his manipulation of assets and destruction of records suggested there was no separate personality between him and the company.
Corporations 2DCA/8 Jul. 5, 2023
Amended Opinion: U.S. v. Orozco-Barron
Amended_opinion
Criminal Law and Procedure 9th Jul. 5, 2023
Ridec LLC v. Hinkle
Deed of trust still valid where quiet title judgment regarding the subject property was later set aside for fraud because the encumbering party had no knowledge of the judgment's defects.
Real Property 2DCA/2 Jul. 3, 2023
People v. Curiel
Vacatur of noncitizen's convictions pursuant to no contest plea was appropriate where she demonstrated she did not meaningfully understand the consequences of her plea due to incomplete legal counsel.
Criminal Law and Procedure 2DCA/8 Jul. 3, 2023
City of San Clemente v. Dept. of Transportation
Trial court erred as a matter of law by deeming environmental parties ineligible for attorneys' fees.
Civil Procedure 4DCA/2 Jul. 3, 2023
O'Brien v. The Regents of the University of California
Sexual harassment complaint against University of California professor was not time-barred as first "notice" was insufficient pursuant to university bylaws.
Administrative Agencies 1DCA/3 Jul. 3, 2023
303 Creative LLC v. Elenis
Colorado could not require a graphic designer to create tailored websites celebrating same-sex marriages that violated her religious beliefs since the government cannot compel someone to speak its preferred message.
Constitutional Law USSC Jul. 3, 2023
Department of Education v. Brown
Respondents lacked Article III standing because they failed to establish that any injury they suffered from not having their student loans forgiven was fairly traceable to the debt forgiveness plan.
Constitutional Law USSC Jul. 3, 2023
Biden v. Nebraska
The Higher Education Relief Opportunities for Students Act did not grant the Secretary of Education the authority to establish a sweeping student loan forgiveness program.
Constitutional Law USSC Jul. 3, 2023
Hall v. Smosh DOT Com, Inc.
The owner and subscriber of a phone with a number listed on the Do-Not-Call Registry has standing to bring a Telephone Consumer Protection Act claim, if if they were not the call recipient.
Consumer Law 9th Jul. 3, 2023
Clark v. Mississippi
Order
USSC Jul. 3, 2023
Thompson v. Henderson
Order
USSC Jul. 3, 2023
Roberts v. McDonald
Order
USSC Jul. 3, 2023
Kincaid v. Williams
Order
USSC Jul. 3, 2023
N.S. v. Kansas City Board of Police
Order
USSC Jul. 3, 2023