Monday, July 31, 2017

Rush v. White Corp. (Cal. Ct. App. - July 28, 2017)

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Justice Richman savages the appellants in this opinion . He doesn't like the way they crafted their response to the moving party's...

People v. Arredondo (Cal. Ct. App. - July 28, 2017)

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There's a lot here to consider .  A lot. The majority opinion spans 69 pages.  The dissent is quite lengthy as well. I'll let th...
Wednesday, July 26, 2017

County of San Mateo v. Superior Court (Cal. Ct. App. - July 25, 2017)

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Depressing opinion .  Concise holding: "A 72-foot diseased tree fell on a sleeping child’s tent pitched in a campground that is locat...
Monday, July 24, 2017

In Re A.C. (Cal. Ct. App. - July 21, 2017)

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Your usual parental termination appeal typically involves horrible facts.  If there's a jurisdictional dispute, it often involves techni...
Thursday, July 20, 2017

In Re R.T. (Cal. Supreme Ct. - July 20, 2017)

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This seems fine .  I agree with the California Supreme Court that the relevant statute allows kids to be taken away from their parents even ...
Wednesday, July 19, 2017

People v. Roberts (Cal. Ct. App. - July 18, 2017)

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Some things seem common, some things seem strange . "Sharkey, who had ties to the West Coast Crips (WCC) street gang, was playing dic...
Monday, July 17, 2017

Lewis v. Superior Court (Cal. Supreme Ct. - July 17, 2017)

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I wonder why it is that I find myself agreeing with the California Supreme Court more than perhaps many other courts?  Similar disposition t...
Thursday, July 13, 2017

U.S. v. Sierra Pacific Industries (9th Cir. - July 13, 2017)

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"Nonetheless, this case is a cautionary tale about the possible pitfalls of judges engaging in social media activity relating to pendin...

Snyder & Assocs Aquisitions v. U.S. (9th Cir. - July 13, 2017)

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The Ninth Circuit says today, in full : "Plaintiffs-Appellants’ petition for panel rehearing (Dkt. # 38) is GRANTED. The opinion file...
Wednesday, July 12, 2017

Association for LA Deputy Sheriffs v. Superior Court (Cal. Ct. App. - July 11, 2017)

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This opinion should be taken up by the California Supreme Court. It's a split opinion, with a dissent.  The deciding vote is cast (an...
Tuesday, July 11, 2017

Stone Creek v. Omnia Italian Design (9th Cir. - July 11, 2017)

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Tons of fun stuff in this tiny little trademark dispute.  Regarding, as Judge McKeown's opinion puts it (tongue in cheek), "the hig...
Monday, July 10, 2017

Get Those Cases Out (9th Cir. - July 10, 2017)

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The summer often sees a broad dump of published opinions.  Some may say that's a result of the excitement of working had over the summer...
Friday, July 07, 2017

Espejo v. Copley Press (Cal. Ct. App. - July 7, 2017)

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Darn it, darn it, darn it.  I was born in the totally wrong era. The Court of Appeal decides a case today involving a class action brough...
Thursday, July 06, 2017

Padilla-Ramirez v. Bible (9th Cir - July 6, 2017)

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Today's Ninth Circuit opinion doesn't necessarily sound like a typical Judge Wallace opinion. Sure, it reaches the result you...
Wednesday, July 05, 2017

Petrocelli v. Baker (9th Cir. - July 5, 2017)

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It's an ugly case .  You can see why the jury sentenced Mr. Petrocelli to death: "On March 29, 1982, Petrocelli went on a test dr...
Thursday, June 29, 2017

Sato v. Orange County Dep't of Education (Cal. Ct. App. - June 29, 2017)

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A"Defendant Orange County Department of Education (OCDE) hired plaintiff Michael Sato as a Systems Database Architect in August 2014. W...
Tuesday, June 27, 2017

Hardie v. NCCA (9th Cir. - June 27, 2017)

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There's hard core and then there's hard core . The majority -- Judges Tallman and Friedland -- hold that the NCAA is allowed to ca...
Monday, June 26, 2017

Miranda v. Selig (9th Cir. - June 26, 2017)

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Sometimes you file appeals (or even entire lawsuits) knowing full well that they're going to lose, but hoping -- sometimes without hope ...
Thursday, June 22, 2017

Arias v. Raimondo (9th Cir. - June 22, 2017)

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If you're an attorney representing a defendant in an employment-related case, sometimes you find out -- and have good reason to find out...
Wednesday, June 21, 2017

Brewster v. Bick (9th Cir. - June 21, 2017)

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I'm genuinely confused. I'm incredibly sympathetic with the result reached in today's opinion by Judge Kozinski .  It's ab...