4th District Court of Appeal, Healthcare Law, Litigation, Personal Injury & Tort

Nassman v. Superior Court — PREP Act Shields Deliberate COVID-19 Treatment Allocation Decisions

automatic / August 18, 2026

The Fourth District held that PREP Act immunity covers a conscious decision not to administer a COVID-19 countermeasure when the decision reflects purposeful allocation.

1st District Court of Appeal, Constitutional Law, Criminal Law

M.W. v. Superior Court — Amnesia Alone Does Not Establish Juvenile Incompetence

automatic / August 18, 2026

The First District held that a juvenile's amnesia did not establish incompetence where he otherwise understood the proceedings and could assist counsel.

4th District Court of Appeal, Civil Procedure, Family Law

In re P.C. — Juvenile Courts May Reject Pro Se Filings From Represented Parents

automatic / August 18, 2026

The Fourth District held that juvenile courts generally may reject substantive pro se filings from represented parties and upheld denial of a mother's section 388 petition.

2nd District Court of Appeal, Criminal Law

People v. Veliz — Attempted Robbery Does Not Require Actual Force or Fear

automatic / August 18, 2026

The Second District held that attempted robbery requires robbery intent and a direct step, but not proof that the defendant actually used force or caused fear.

Ninth Circuit Court of Appeals, Administrative Law, Environmental Law

Center for Biological Diversity v. Bureau of Reclamation — Water-Contract Conversions Required No New Project-Specific Environmental Review

automatic / August 17, 2026

The Ninth Circuit held that mandatory WIIN Act water-contract conversions required neither contract-specific NEPA review nor Endangered Species Act consultation.

California Supreme Court, Criminal Law, Litigation

People v. Esquivias — Limited Habeas Relief Does Not Automatically Reopen the Entire Sentence

automatic / August 17, 2026

The California Supreme Court held that striking firearm enhancements on habeas review did not automatically require full resentencing under all later ameliorative laws.

California Supreme Court, Constitutional Law, Criminal Law

People v. Lightsey — A Competency Hearing Could Not Reliably Reconstruct a Trial From 19 Years Earlier

automatic / August 17, 2026

The California Supreme Court reversed a reinstated capital judgment because a hearing held 19 years later could not reliably determine the defendant's competency at trial.

California Supreme Court, Constitutional Law, Criminal Law

People v. Pearson — California Supreme Court Affirms Death Judgment After Penalty Retrial

automatic / August 17, 2026

The California Supreme Court affirmed Kevin Pearson's death judgment and held that any Senate Bill 1437 error was harmless given the jury's valid findings and his conduct.

Ninth Circuit Court of Appeals, Agriculture, Civil Procedure, Litigation

Rusoff v. The Happy Group — Egg-Labeling Class Lacked Common Proof of Consumer Deception

automatic / August 17, 2026

The Ninth Circuit reversed certification of a California egg-labeling class because consumers lacked common proof that pasture raised carried a shared deceptive meaning.

1st District Court of Appeal, Constitutional Law, Criminal Law

In re C.M. — Probation Officers Cannot Impose Juvenile Electronic Monitoring Without Court Review

automatic / August 14, 2026

A published California decision holds that probation officers cannot impose juvenile electronic monitoring without judicial review and clear standards.

Ninth Circuit Court of Appeals, Administrative Law, Constitutional Law, Healthcare Law

QueerDoc, PLLC v. DOJ — Policy Opposition Alone Does Not Show a Healthcare Subpoena Was Issued in Bad Faith

automatic / August 14, 2026

The Ninth Circuit held that political opposition to gender-affirming care alone did not prove DOJ issued an otherwise authorized healthcare subpoena in bad faith.

Ninth Circuit Court of Appeals, Constitutional Law, Criminal Law, Litigation

Brown v. Broomfield — Ninth Circuit Upholds California Death Sentence Under Deferential Habeas Review

automatic / August 14, 2026

The Ninth Circuit upheld a California death sentence, finding the state court reasonably rejected claims involving counsel, competency, and intellectual disability.

California Supreme Court, Criminal Law, Immigration

People v. Hernandez — Court Orders Plea Vacated for Faulty Immigration Advice

automatic / August 13, 2026

The California Supreme Court reversed and directed the trial court to grant the motion, vacate the convictions, and conduct further proceedings. Counsel’s generalized and inaccurate advice did not give Hernandez the concrete understanding needed to make an informed plea decision.

California Supreme Court, Constitutional Law, Criminal Law

People v. Shove — Supreme Court Affirms Capital Convictions and Death Judgment

automatic / August 13, 2026

The California Supreme Court affirmed the judgment in full. The majority concluded that the trial court did not commit reversible error in jury selection or the conduct of either phase and that the evidence supported the convictions, special circumstances, and penalty determination.

Ninth Circuit Court of Appeals, Antitrust, Healthcare Law, Litigation

Surgical Instrument Service v. Intuitive Surgical — Ninth Circuit Revives Robot Aftermarket Antitrust Claims

automatic / August 13, 2026

The Ninth Circuit reversed. The special factors apply when a plaintiff cannot show power in a competitive foremarket and instead claims that a seller later exploited customers locked into a brand. They were unnecessary here because evidence directly supported a conventional claim that dominant foremarket power was leveraged into the tied aftermarket.

Ninth Circuit Court of Appeals, Constitutional Law, Labor & Employment Law, Litigation

Nilsen v. University of Washington — Ninth Circuit Refines Arm-of-State Immunity Test

automatic / August 13, 2026

The panel affirmed. Its three factors remain: whether state law created a legally independent entity, whether the state is formally liable for the entity’s debts and judgments, and how much control the state exercises. The Supreme Court’s clarification makes the first factor most important and the control factor least important.

Ninth Circuit Court of Appeals, Administrative Law, Immigration

Gonzalez-Argueta v. Blanche — Former-Officer Asylum Claim Fails Nexus Rule

automatic / August 13, 2026

The Ninth Circuit denied review under existing precedent. Because the claimed protected status was being a former officer, the panel treated post-service mistreatment as the relevant nexus evidence; the absence of later threats supported the agency’s finding that the feared harm was not on account of that status.

1st District Court of Appeal, Civil Procedure, Litigation, Personal Injury & Tort

Mary D. v. McCauley — Incarcerated Civil Defendant Entitled to Meaningful Trial Access

automatic / August 12, 2026

The Court of Appeal reversed for a new trial. Once McCauley met the threshold showing governing incarcerated civil litigants, the trial court had to meaningfully consider practical measures that would permit access to court; denying additional time to secure counsel under these circumstances was an abuse of discretion and violated constitutional access rights.

Ninth Circuit Court of Appeals, Banking & Finance, Collections & Creditor Rights, Litigation

Turrey v. Vervent — Student Borrowers’ Civil RICO Verdict Was Timely

automatic / August 12, 2026

The Ninth Circuit affirmed the roughly $12 million judgment. Trial evidence permitted the jury to find that the borrowers lacked actual or constructive knowledge of their RICO injuries more than four years before filing in April 2020.

Ninth Circuit Court of Appeals, Business Transactions, Civil Procedure, Litigation

Devas Multimedia v. Antrix — Foreign Sovereign Cannot Avoid Arbitral Award on Forum Grounds

automatic / August 12, 2026

The Ninth Circuit held that the FSIA arbitration exception supplied subject-matter jurisdiction and that exercising personal jurisdiction was reasonable even assuming Antrix could invoke Fifth Amendment protections. It also held that forum non conveniens does not defeat an action to confirm a Convention award because contracting nations must recognize covered awards and a foreign court cannot attach assets in the United States.

Ninth Circuit Court of Appeals, Healthcare Law, Insurance Law, Litigation

Healthcare Ally v. WSP — ERISA does not preempt provider’s negligent-misrepresentation claim over benefit verification

automatic / August 11, 2026

An out-of-network provider's negligent-misrepresentation claim based on a plan administrator's benefit-verification statements was not preempted by ERISA.

4th District Court of Appeal, Civil Procedure, Healthcare Law, Personal Injury & Tort

Godshall v. Peterson — Persistent symptoms did not conclusively start the medical-malpractice clock

automatic / August 11, 2026

A patient's continuing symptoms after surgery did not establish as a matter of law that she had discovered a negligent incomplete carpal-tunnel release.

2nd District Court of Appeal, Constitutional Law, Criminal Law

People v. Maldonado — Exclusion from competency hearing was harmless where presence would not aid fairness

automatic / August 11, 2026

A defendant's absence from a pretrial competency hearing did not require reversal because his presence would not have contributed to the hearing's fairness.

1st District Court of Appeal, Labor & Employment Law, Personal Injury & Tort

Simerley v. Golden Gate Bridge District — Maritime law bars spouse’s loss-of-consortium claim for seaman’s injury

automatic / August 11, 2026

The spouse of a seaman injured on a public ferry cannot recover loss-of-consortium damages under the Jones Act or general maritime law.

Ninth Circuit Court of Appeals, Administrative Law, Immigration, Litigation

Duralev v. United States — FTCA does not cover damages for mistaken federal work-permit denial

automatic / August 11, 2026

The FTCA did not waive sovereign immunity for an allegedly negligent federal work-authorization decision because private actors perform no comparable function.