Judge Gilliam dismisses Divyang Ved’s derivative suit on behalf of Spain Fitness Ventures, LP for lack of subject matter jurisdiction, holding that the limited partnership is the real party in interest under Ross v. Bernhard and that its New Jersey citizenship — through Ved as a New Jersey limited p
Central District of California holds that a ramp agent’s product-liability and negligence claims against airport equipment companies do not “arise under” California workers’ compensation law and may be removed to federal court despite Section 1445(c).
Judge Martínez-Olguín dismisses with prejudice the freestanding actual innocence claim in Maria Moore’s federal habeas petition challenging her California first-degree murder conviction with special circumstances, holding that the U.S. Supreme Court has not yet recognized a free-standing innocence c
Judge Chen dismisses pregnancy and race discrimination claims against two individual UPS managers, Renee Rea and Omar Parra, holding the First Amended Complaint contains insufficient specific factual allegations to state claims against them while leaving the FEHA, Title VII, and IIED claims against
Central District of California affirms denial of Supplemental Security Income, holding that the ALJ properly evaluated a consultative examiner’s opinion and that 23,000 cashier-II jobs in the national economy is a “significant number” at step five.
Central District of California denies remand of a Chevrolet Silverado lemon-law case, holding that civil penalties for an alleged willful Song-Beverly violation count toward the federal amount-in-controversy requirement and that the manufacturer need not prove willfulness to invoke that calculation.
Fifth District holds Penal Code section 4600’s specific statute on damaging jail or prison property displaces the general felony vandalism statute, requiring reversal of an inmate’s vandalism conviction and remand for resentencing.
In a federal False Claims Act case alleging that Abbott Laboratories used illegal kickbacks disguised as physician education for its MitraClip heart device, the magistrate judge declined to strike the relator’s late-filed expert report on medical-education standards, finding that even though t
The court granted an immigration detainee’s habeas petition and ordered an individualized bond hearing within seven days, finding him a member of the Bond Eligible Class certified in the Central District’s Maldonado Bautista decision and entitled to detention review under 8 U.S.C. § 1226
The court denied a § 2241 habeas petition by a detained Italian human-trafficking victim seeking immediate release, dismissal of his removal charges, and expedited adjudication of his T-Visa application, ruling that most of the requested relief is not cognizable in habeas and the petitioner offered