(California Court of Appeal) - Upheld the constitutionality of a recently enacted California statute that effectively bans the importation and sale of ivory and rhinoceros horn. Affirmed judgment on the pleadings against the Ivory Education Institute's lawsuit, which contended that the statute is unconstitutionally vague on its face.

(US Federal Circuit) - 2019-2031

(Court of Appeals of New York) - Conviction for assaults and related offenses is affirmed where a parent or guardian can vicariously consent on behalf of a child to create an audio or video recording of a conversation to which the child is a party, pursuant to Penal Code section 250.00 (2), provided that the parent or guardian has a good faith, objectively reasonable basis to believe that it is necessary in order to serve the best interests of his or her minor child.

(Court of Appeals of New York) - In a contracts action arising from a dispute over the auction sale of a syndicated loan, the Appellate Division's grant of defendant's motion for summary judgment is reversed where the lack of a written sales agreement and plaintiffs' failure to submit a timely cash deposit were not conditions precedent to the formation of the parties' contract and do not render their agreement unenforceable.

(United States Second Circuit) - In a dispute arising out of the alleged improper use of deflated footballs by professional football athlete Tom Brady, the District Court's vacation of the NFL Commissioner's award confirming the discipline of Brady, based upon the court's finding of fundamental unfairness and lack of notice, is reversed where: 1) the Commissioner properly exercised his broad discretion under the collective bargaining agreement; and 2) his procedural rulings were properly grounded in that agreement and did not deprive Brady of fundamental fairness.

(California Court of Appeal) - In an appeal from the trial court's denial of two consolidated petitions to set aside the certification of the environmental impact report and related permits for the construction of an arena to house the Golden State Warriors basketball team, as well as other events, and the construction of adjacent facilities, in the Mission Bay South redevelopment plan area of San Francisco, the trial court's judgment is affirmed where there is no merit to plaintiffs' objections to the sufficiency of the city's environmental analysis and its approval of the proposed project.

(United States Fourth Circuit) - An award of Employee Retirement Income Security Act (ERISA) benefits to a former NFL player displaying symptoms of chronic traumatic encephalopathy (CTE) is affirmed where the board of the NFL Player Supplemental Disability Plan failed to follow a reasoned process or explain the basis of its determination to deny benefits.

(California Court of Appeal) - In a government contractor's claim for an equitable adjustment arising out of its fixed price indefinite delivery contract with the Defense Logistics Agency (DLA)’s Defense Reutilization and Marketing Service (DRMS), the Court of Federal Claims' denial of the claim is reversed where: 1) the Claims Court's findings that DRMS did not inadequately or negligently prepare its estimates and that Agility did not rely on those estimates are clearly erroneous; and 2) Plaintiff’s receipt of scrap sales and the parties' agreement to clause H.19 do not preclude plaintiff from recovering under this claim.

(United States Ninth Circuit) - Denying the petition for review of the award of disability benefits under the Defense Base Act and the application of a judicially-created 'zone of special danger' doctrine to a local national injured while employed by a government contractor overseas.

(California Court of Appeal) - Held that the City of Pomona violated the terms of a 1993 ballot initiative prohibiting the construction of additional billboards within city limits. A citizen group challenged the city council's decision to extend a pre-existing agreement with an outdoor advertising company when the arrangement expired in 2014. Affirmed the granting of a writ of mandate.

(California Court of Appeal) - Upheld an attorney fee award to a government contractor that defeated a municipality's claim brought under the California False Claims Act, even though the contractor did not prevail in the action as a whole.

(United States Second Circuit) - Held that the U.S. government could not constitutionally deny funding to fight HIV/AIDS abroad based on a foreign organization's failure to adopt a policy explicitly opposing prostitution and sex trafficking. Affirmed the issuance of a permanent injunction on First Amendment grounds. The government had been interpreting a related 2013 Supreme Court decision narrowly.

(United States First Circuit) - Affirmed the dismissal of an Indian tribe's complaint against federal and Rhode Island agencies concerning a highway bridge reconstruction. The tribe argued, at base, that the state of Rhode Island broke a promise to give the tribe three parcels of land as mitigation for the expected negative impact on historic tribal land of an I-95 bridge replacement project. Agreeing with the district court, the First Circuit held that the tribe's claims were barred by federal sovereign immunity and lack of subject matter jurisdiction.

(California Court of Appeal) - Held that the City of Los Angeles did not act unlawfully when it amended its General Plan to change the land use designation of a five-acre development site from light industrial to general commercial. Affirmed the denial of a neighborhood organization's petition for writ of mandate.

(California Court of Appeal) - Held that mediation costs fall within the category of costs that may be awarded in the trial court’s discretion. Affirmed an award to the prevailing party in this construction dispute.

(United States Ninth Circuit) - Held that the U.S. Department of Homeland Security had the statutory authority to expedite construction of physical border barriers near San Diego and Calexico, California. The State of California and multiple environmental groups challenged the agency's 2017 authorization of these projects, which involved wall prototypes and tens of miles of replacement fencing. However, the Ninth Circuit affirmed summary judgment in favor of the federal government.

(California Court of Appeal) - Upheld San Francisco's decision to order a prime contractor on a public works project to replace a subcontractor. Reversed the trial court.

(United States Fifth Circuit) - Held that a university-affiliated medical practice must return $8 million to the federal agency that administers Medicare. The medical practice's test of a new care management model (a Medicare demonstration project) did not achieve the expected cost savings. Upheld an administrative order.

(California Court of Appeal) - Upheld the denial of a man's application for unemployment insurance benefits. Affirmed the denial of writ relief.

(California Court of Appeal) - Reversed. Plaintiff, a retired teacher, sought relief to prevent Defendant from reducing retirement benefits and to restore monies wrongfully withheld. The trial court held that Defendant was time-barred to reduce benefits and collect over payment, thus concluding that continuous accrual theory did not apply. Appeals court held the continuous accrual theory did apply, but Defendant was time barred as to over payments made more than three years before the action was filed and may adjust future monthly payments to recoup those prior over payments.

(California Court of Appeal) - Affirmed in part, reversed in part, and remanded. Plaintiff sued for the wrongful denial of unemployment benefits. On appeal, Plaintiff was granted unemployment benefits. On this, Plaintiff's third appeal over this controversy, the appeals court affirmed the award of attorney’s fees, but reversed and remanded because the trial court improperly limited the scope of the fees.

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(United States Ninth Circuit) - Held that the U.S. Department of Homeland Security had the statutory authority to expedite construction of physical border barriers near San Diego and Calexico, California. The State of California and multiple environmental groups challenged the agency's 2017 authorization of these projects, which involved wall prototypes and tens of miles of replacement fencing. However, the Ninth Circuit affirmed summary judgment in favor of the federal government.

(California Court of Appeal) - Rejected an environmental group's challenge to the issuance of a revised permit for a landfill. Affirmed the denial of writ relief.

(United States DC Circuit) - Held that the State of Missouri lacked legal standing to sue the federal government on behalf of its citizens to challenge a federal water supply project that will divert billions of gallons of Missouri River water. The issue involved so-called parens patriae standing. Affirmed a dismissal.

(California Court of Appeal) - Rejected an environmental advocacy group's challenge to an environmental impact report prepared by the California Department of Conservation addressing the effects of hydraulic fracturing and other well stimulation treatments. Affirmed the denial of writ relief.

(United States DC Circuit) - Petition for review denied. The EPA did not act contrary to the Resource Conservation and Recovery Act in adopting a Transfer-Based Exclusion because hazardous materials are not necessarily "discarded" when they are transferred from a generator to a reclaimer along with payment. The policy was not arbitrary or capricious.

(California Court of Appeal) - Affirmed. Plaintiff, a citizen group, sued Defendant, a city, claiming the city violated zoning law and the California Environmental Quality Act (CEQA) by approving a certain development. The trial court found the development consistent with CEQA and denied Plaintiff’s writ of mandate petition.

(United States Fourth Circuit) - Affirming in part, reversing in part, and remanding a case alleging copyright infringement seeking to hold a high-speed internet provider contributorily responsible for infringement of a music publisher's copyrights, affirming the trial court's determination that the defense was not entitled to a safe harbor defense, but reversing, vacating, and remanding on account of errors in jury instructions.

(United States Ninth Circuit) - Reinstated claims for violation of California law copyrights possessed in certain musical performance sound recordings. The plaintiff copyright holders argued that their decision to remaster their pre-1972 analog sound recordings onto digital formats did not bring the remastered sound recordings exclusively under the ambit of federal law. Agreeing with the plaintiffs that their state law copyright claims were not preempted, the Ninth Circuit reversed the entry of summary judgment for the defendant radio broadcasters.

(United States Ninth Circuit) - In an amended opinion, reinstated musical recording owners' claims that radio broadcasters violated their state law copyrights in pre-1972 analog sound recordings that were later remastered onto digital formats. Reversed the entry of summary judgment for the broadcasters and also reversed the striking of the plaintiffs' class certification motion.

(United States Second Circuit) - Held that a medical device manufacturer did not violate the intellectual property rights of a company it hired to help automate its quality testing process. The issue involved reuse of computer source code. Affirmed a JMOL.

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(California Court of Appeal) - Affirmed that an environmental group was not entitled to a writ of mandate directing the California Department of Conservation to order the immediate closure of oil and gas wells injecting fluids into certain underground aquifers. The environmental group argued that the department had violated its duty under the federal Safe Drinking Water Act to protect the aquifers. Unpersuaded, the First Appellate District held that the trial court properly denied the petition for a writ of mandate.

(United States Third Circuit) - Denied a petition for review of a Pennsylvania state regulators' decision to grant a Clean Water Act certification to a natural gas pipeline project. An environmental organization raised various procedural and substantive arguments against the environmental regulators' issuance of a water quality certification. On judicial review, the Third Circuit held that the environmentalists' challenge failed on the merits. Prior to reaching the merits, the panel discussed in detail questions regarding its jurisdiction under the Natural Gas Act.

(United States Seventh Circuit) - Held that an energy company could not proceed with its claim that Illinois environmental regulators lacked jurisdiction over its handling of hazardous‐waste acid that it transported into the state. Affirmed a dismissal based on claim and issue preclusion, among other doctrines.

(United States Supreme Court) - Addressed what law applies on the Outer Continental Shelf, holding that California wage-and-hour law was inapplicable to a worker on an offshore drilling platform. Under the Outer Continental Shelf Lands Act, if federal law addresses the relevant issue, state law is not adopted as surrogate federal law. Justice Thomas delivered the opinion for a unanimous Court.

(California Court of Appeal) - Rejected an environmental advocacy group's challenge to an environmental impact report prepared by the California Department of Conservation addressing the effects of hydraulic fracturing and other well stimulation treatments. Affirmed the denial of writ relief.

(California Court of Appeal) - In a grape rootstock seller's challenge to the mandatory assessments it must pay to the California Grape Rootstock Improvement Commission to help fund research for pest-resistant and drought-resistant rootstock, Food & Agr. Code sections 74701-74796, alleging it is an unconstitutional exercise of the state's police power in violation of plaintiff's liberty interests and due process rights under the federal and state Constitutions, the trial court's judgment in favor of defendants is affirmed where the Commission Law has a reasonable relation to a legitimate purpose and its delegation to nursery owners does not invalide the law.

(United States Fifth Circuit) - Reversed. The substitution of the guardians of the children of a deceased man discovered a year after the filing of a wrongful death action by his mother was proper despite the substitution occurring after the statutory limitations period. The substitution relates back to the date of the initial complaint.

(United States Fifth Circuit) - Affirmed. Investors who alleged that Pier 1 Imports was a trend-based fashion retailer with inventory that carried a significant markdown risk they failed to disclose were unable to adequately plead scienter.

(United States Seventh Circuit) - In a dispute that arose out of the sale of a manufacturing plant, held that the district judge was correct to withhold any remedy that would transfer the value of certain promissory notes from the secured lenders to the seller. Affirmed a judgment after a bench trial.

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(United States DC Circuit) - Revived claims that the U.S. Office of Personnel Management's woefully inadequate cybersecurity practices enabled hackers to steal personal data about millions of past and present federal employees. Reversed a dismissal in relevant part, in a lawsuit brought by labor unions and others arising out of a 2014 cyberattack.

(California Court of Appeal) - Affirmed. Plaintiff appealed from order of the probate court denying their request that special needs trust be distributed to them rather than Department of Health Care Services. Appeals court found Department was entitled to reimbursement for Medi-Cal expenses.

(United States DC Circuit) - Petition for review denied. The EPA did not act contrary to the Resource Conservation and Recovery Act in adopting a Transfer-Based Exclusion because hazardous materials are not necessarily "discarded" when they are transferred from a generator to a reclaimer along with payment. The policy was not arbitrary or capricious.

(United States DC Circuit) - Vacated. A district court conclusion that executive orders regarding relations between the federal government and its employees was unlawful was in error. The district court lacked jurisdiction.

(California Court of Appeal) - Affirmed. Plaintiff, a citizen group, sued Defendant, a city, claiming the city violated zoning law and the California Environmental Quality Act (CEQA) by approving a certain development. The trial court found the development consistent with CEQA and denied Plaintiff’s writ of mandate petition.