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Los Angeles County Bar Association • daily ebriefs • Thursday, June 25, 2015
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D A I L Y   C A S E L A W   S U M M A R I E S
The following caselaw summaries are provided as a courtesy to Los Angeles County Bar Association members by the Metropolitan News-Enterprise http://www.metnews.com. Summaries from the past 90 days are archived and searchable on the LACBA Web site at http://www.lacba.org/dailyebriefs.
-Healthcare Law-
Patient Protection and Affordable Care Act’s subsidy provisions apply in all states, regardless of whether health insurance is sold in a particular state through a state or federal exchange.
     King v. Burwell - filed June 25, 2015
     Cite as 2015 S.O.S. 14-114_qol1
     Full text http://sos.metnews.com/sos.cgi?0615//14-114_qol1
-Individual Rights-
Disparate-impact claims, such as a claim that a state agency caused increased racial segregation by granting too many tax credits to developers of housing in low-income, inner city neighborhoods and too few in mostly white suburban areas, are cognizable under the Fair Housing Act.
     Texas Department of Housing and Community Affairs v. Inclusive Communities Project, Inc. - filed June 25, 2015
     Cite as 2015 S.O.S. 13-1371_m64o
     Full text http://sos.metnews.com/sos.cgi?0615//13-1371_m64o
-Environmental Law-
U.S. Fish and Wildlife Service did not act unlawfully in enacting its 2010 Final Rule designating critical habitat for the Santa Ana sucker. The service satisfied its Endangered Species Act obligation to cooperate with state agencies, the critical habitat designation was not arbitrary or capricious, and any claims under the National Environmental Policy Act were barred by Douglas County v. Babbitt, 48 F.3d 1495 (9th Cir. 1995), which held that the statute does not apply to critical habitat designations.
     Bear Valley Mutual Water Company v. Jewell - filed June 25, 2015
     Cite as 2015 S.O.S. 12-57297
     Full text http://sos.metnews.com/sos.cgi?0615//12-57297
-Individual Rights-
An action brought under 42 U.S.C. Sec. 1983 by a California state prisoner alleged that he was denied constitutionally adequate medical care when members of the prison’s medical staff denied him effective pain medication. District court erred by instructing jury to give deference to prison officials in the adoption and execution of policies and practices that in their judgment are needed to preserve discipline and to maintain internal security. Such instruction should only be given if one party’s presentation of the case plausibly draws a connection between the security-based policy or practice and the medical care decision at issue. Defendants established that it was more likely than not that they would have prevailed regardless of instructional error, where doctors testified that plaintiff was denied methadone, not because of the purported policy of not giving that drug to general-population inmates, but because they thought he didn’t need it.
     Chess v. Dovey - filed June 25, 2015
     Cite as 2015 S.O.S. 12-16516
     Full text http://sos.metnews.com/sos.cgi?0615//12-16516
In determining under Oregon law that a claim for property damage was barred by a commercial general liability policy’s "known-loss" provision, the district court erred because an insured contractor’s knowledge of damage to his own work does not automatically constitute knowledge of damage to the components of the structure furnished by others. The correct inquiry was whether the claimed damage to the structural components was a "continuation, change or resumption" of the cracks.
     Kaady v. Mid-Continent Casualty Company - filed June 25, 2015
     Cite as 2015 S.O.S. 13-35036
     Full text http://sos.metnews.com/sos.cgi?0615//13-35036
-Criminal Law and Procedure-
Routine questions about gang affiliation posed to defendant while processing him into jail on murder charges exceeded the scope of the "booking" exception to Miranda v. Arizona. Admission of the defendant’s responses was error where officers should have known these questions were reasonably likely to elicit an incriminating response because of California’s criminal gang statutes and defendant’s pending charges. Admission of defendant’s un-Mirandized responses was harmless where defendant’s gang membership was established independently by the testimony of witnesses who knew him and corroborated by expert testimony linking his past activities, including flashing gang signs at a funeral, to his specific gang.
     People v. Elizalde - filed June 25, 2015
     Cite as 2015 S.O.S. 3227
     Full text http://sos.metnews.com/sos.cgi?0615//S215260
-Criminal Law and Procedure-
Mechanical devices employed by operators of Internet cafes, having some of the features of traditional slot machines and permitting purchasers of Internet time or other products the possibility of winning cash prizes, constituted "slot machines" prohibited by Penal Code Sec. 330b. The devices were specifically designed to cultivate the impression that the user may receive a reward by reason of pure chance, and it was clear defendants’ customers were not merely buying the product that made them eligible to play the sweepstakes games but also, and perhaps primarily, the sweepstakes games.
     People ex rel. Green v. Grewal - filed June 25, 2015
     Cite as 2015 S.O.S. 3234
     Full text http://sos.metnews.com/sos.cgi?0615//S217896
-Criminal Law and Procedure-
Where defendant allegedly aided and abetted a chain-snatch robbery, which resulted in heart complications leading to the victim’s death, trial court erred by failing to instruct, as to first-degree felony murder, that the jury had to find defendant aided and abetted the robbery before or at the time of the act(s) causing death. Error was prejudicial because under the instructions given, the jury could have believed defendant was guilty of aiding and abetting a robbery in progress by acting as a getaway driver before the actual robber had reached a place of temporary safety, and, hence, was automatically guilty of felony murder even though the acts that caused death had already been committed before he aided and abetted.
     People v. McDonald - filed June 25, 2015, Fifth District
     Cite as 2015 S.O.S. 3242
     Full text http://sos.metnews.com/sos.cgi?0615//F068281
-Labor and Employment Law-
Time in which plaintiff could bring wage-and-hour claims as a class action was tolled during pendency of a prior action purported to be brought on behalf of same class, where there was no class certified and the individual plaintiff’s claims were eventually dismissed on their merits.
     Falk v. Children’s Hospital Los Angeles - filed June 3, 2015, publication ordered June 24, 2015, Second District, Div. Three
     Cite as 2015 S.O.S. 3252
     Full text http://sos.metnews.com/sos.cgi?0615//B251182

     People v. Contreras - filed June 25, 2015, Sixth District
     Cite as 2015 S.O.S. 3258
     Full text http://sos.metnews.com/sos.cgi?0615//H040903M

     Verdugo v. Alliantgroup, L.P. - filed June 25, 2015, Fourth District, Div. Three
     Cite as 2015 S.O.S. 3259
     Full text http://sos.metnews.com/sos.cgi?0615//G049139M

     Cosentino v. Fuller - filed June 25, 2015, Fourth District, Div. Three
     Cite as 2015 S.O.S. 3260
     Full text http://sos.metnews.com/sos.cgi?0615//G050923N

     Honchariw v. County of Stanislaus - filed June 24, 2015, Fifth District
     Cite as 2015 S.O.S. 3262
     Full text http://sos.metnews.com/sos.cgi?0615//F069145M

     In re Elias V. - filed June 24, 2015, First District, Div. Two
     Cite as 2015 S.O.S. 3264
     Full text http://sos.metnews.com/sos.cgi?0615//A140263M
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