California’s First District Court of Appeal reversed a juvenile court’s dismissal of malnutrition-based dependency counts, finding uncontradicted evidence compelled jurisdiction where parents failed to acknowledge or plan for a toddler’s severe nutritional deficiencies.
The Ninth Circuit affirmed the denial of habeas relief for a California death row inmate, finding that the trial judge’s informal and at times inappropriate comments during trial did not demonstrate bias or render the proceedings fundamentally unfair.
The Ninth Circuit denied mandamus in the Super Micro Computer securities case and clarified that the standard for rebutting a presumptive lead plaintiff’s adequacy under the PSLRA is preponderance of the evidence, not the lower ‘genuine and serious doubt’ threshold.
The Ninth Circuit, sitting en banc, held that a Chapter 7 bankruptcy trustee who fails to preserve estate assets is not shielded by quasi-judicial immunity because property-management duties are administrative, not adjudicative.
Ninth Circuit affirms summary judgment for a Seattle SWAT officer who shot and killed an armed, fleeing father holding his infant daughter, holding that no clearly established law put the officer on notice that deadly force in those circumstances was unconstitutional.
The Ninth Circuit applies the Groff undue-hardship test and affirms summary judgment for a regional healthcare system that denied COVID-19 vaccination religious exemptions to nine clinical employees during the Delta-variant surge.
The Ninth Circuit affirms placement of a southern-California tribe on ATF’s PACT Act non-compliant list, holding that the tribe’s remote cigarette sales to other California tribes are off-reservation activities subject to California’s licensing and excise-tax laws.
The Ninth Circuit held that “first to market” advertising claims are not actionable as false advertising under the Lanham Act, ruling that such claims concern the origin of an idea rather than observable product characteristics.
The Fifth District holds that body-worn camera footage showing an officer left a DUI suspect alone in a patrol car during the required 15-minute observation period is sufficient to rebut the presumption that breath test procedures were properly followed.
First District holds that a direct employer cannot enforce an arbitration agreement the worker originally signed with a temporary staffing agency, where the worker’s claims arose entirely from the direct-employment period that started after the temp placement ended.