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Case Summaries

Criminal Law & Procedure

[09/19] Sharp III v. County of Orange
Partially affirming and partially reversing district court decisions that properly denied qualified immunity and state-law immunity claims raised by police against retaliation claims by a man, Sharp III, who was confused with his son, Sharp IV, at the time of an arrest and search, but reversing the denial of immunity claims as they related to Sharp's mother's retaliation claim and both parent's claims relating to his seizure, excessive force, and the search of his person and the home, which was warranted despite being largely unconstitutional.

[09/19] US v. Parker
Affirming the conviction of a felon for possession of ammunition and a firearm because the judge's failure to voir dire jurors individually about their feelings toward race, the admission of evidence of other gun and ammo purchases, and inclusion of instructions relating to willful blindness did not rise to reversible error.

[09/18] US v. Caltabiano
Affirming the conviction and sentence of a man for mail fraud, conspiracy, and theft of government property by the district court because the defendant waived his challenge to the jury instructions by proposing instructions that were nearly identical and his sentence was not procedurally unreasonable because it was not in plain error.

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Drugs & Biotech

[09/15] Lambert v. Nutraceutical Corp
Reversing a district court order decertifying a class action relating to an alleged aphrodisiac called 'Cobra Sexual Energy' because the district court abused its discretion in decertifying the class on the basis of the plaintiff's inability to prove restitution damages through the full refund model because plaintiff's damages model matched his theory of liability and because his damages model was supportable on evidence that could be introduced on trial and whether plaintiff could provide damages to a reasonable certainty on the basis of his full refund model was a question of fact to be decided at trial.

[07/17] Lewis v. Super. Ct.
Affirming the Court of Appeal's judgment that the Medical Board of California's seizure of data from the Controlled Substance Utilization Review and Evaluation System (CURES) without a warrant or subpoena but supported by good cause in the course of investigating a patient's physician was not a violation of the patient's right to privacy because even if this would be an intrusion on a legally protected privacy interest, the Board's actions were justified.

[07/07] US ex rel Campie v. Gilead Sciences, Inc.
Reversing the district court's dismissal of claims under the False Claims Act by realtors against their former employer who made false statements about its compliance with FDA regulations regarding certain HIV drugs resulting in the receipt of billions of dollars from the federal government and alleging retaliation against the complaining realtor, holding that the realtors adequately pled a claim for retaliation.

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