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  Tuesday, January 15, 2019  
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The following caselaw summaries are provided as a courtesy to Los Angeles County Bar Association members by the Metropolitan News-Enterprise www.metnews.com. Summaries from the past 90 days are archived and searchable on the LACBA Web site at www.lacba.org/news-and-publications/daily-ebriefs.
U.S. SUPREME COURT
Civil Procedure
A court should determine whether the exceptions provided in Section 1 of Federal Arbitration Act for seamen, railroad employees, or any other class of workers engaged in foreign or interstate commerce, are applicable before ordering a dispute to arbitration. For a court to invoke its statutory authority under Sections 3 and 4, it must first know if the parties' agreement is excluded from the act's coverage by the terms of Sections 1 and 2. A delegation clause is a specialized type of arbitration agreement and is enforceable under Sections 3 and 4 only if it appears in a contract consistent with Sec. 2 that does not trigger Sec. 1's exception. The FAA's term "contract of employment" refers to any agreement to perform work.

New Prime Inc. v. Oliveira - filed Jan. 15, 2019
Cite as 2019 S.O.S. 17-340
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Criminal Law and Procedure
The Armed Career Criminal Act's elements clause encompasses a robbery offense that requires the defendant to overcome the victim's resistance. Robbery under Florida law qualifies as an ACCA-predicate offense under the elements clause.

Stokeling v. United States - filed Jan. 15, 2019
Cite as 2019 S.O.S. 17-5554
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NINTH U.S. CIRCUIT COURT OF APPEALS
Constitutional Law
The Americans with Disabilities Act applies to the services of a public accommodation, including websites and mobile applications, not just services in a place of public accommodation. Since 1996, public accommodation providers have been on notice that their online offerings must effectively communicate with their disabled customers and facilitate "full and equal enjoyment" of their goods and services even though the Department of Justice has not yet issued specific guidelines for website and application accessibility.

Robles v. Domino's Pizza LLC - filed Jan. 15, 2019
Cite as 2019 S.O.S. 17-55504
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Criminal Law and Procedure
A Nevada state court's amended judgment awarding a defendant credit for time served constitutes a new judgment.

Turner v. Baker - filed Jan. 15, 2019
Cite as 2019 S.O.S. 17-72044
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Immigration Law
There is no duress exception to the material support terrorist bar in 8 U.S.C. Sec. 1182(a)(3)(B)(iv)(VI), nor a de minimis funds exception.

Rayamajhi v. Whitiker - filed Jan. 15, 2019
Cite as 2019 S.O.S. 16-70534
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Intellectual Property
A district court commits an abuse of discretion in dismissing a complaint as a sanction pursuant to Federal Rule of Civil Procedure 41(b) absent an order requiring the plaintiff to file an amended complaint. A defendants' use of a plaintiff's marks in the title of a webcast seminar and in promotional materials was a nominative fair use because plaintiff's service was not readily identifiable without use of the trademarks, defendants used only so much of the trademarks as was reasonably necessary, and use of the trademarks did not suggest sponsorship or endorsement.

Applied Underwriters, Inc. v. Lichtenegger - filed Jan. 15, 2019
Cite as 2019 S.O.S. 17-16815
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Order
Mendoza v. Fonseca McElroy Grinding Company - filed Jan. 15, 2019
Cite as 2019 S.O.S. 17-15221
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CALIFORNIA COURT OF APPEAL
Criminal Law and Procedure
Sanctions under Code of Civil Procedure Sec. 177.5 can be imposed post-trial. A criminal defense lawyer in a multidefendant case is not duty-bound to disclose under Penal Code Sec. 1054.3 a witness he claims he does not intend to call, but reasonably anticipates a codefendant is likely to call.

People v. Landers - filed Jan. 14, 2019, First District, Div. Four
Cite as 2019 S.O.S. 260
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Government Law
Education Code Sec. 87669 allows a community college to impose an immediate penalty on a faculty member. Government Code Sec. 54957 allows a community college governing board to consider employee discipline in closed session. A community college governing board did not abuse its discretion in demoting a faculty member based on immoral or unprofessional conduct connected to her ability to carry out her job duties as an academic administrator.

Ricasa v. Office of Administrative Hearings (Southwestern Community College District Governing Board) - filed Dec. 17, 2018, publication ordered Jan. 14, 2019, Fourth District, Div. One
Cite as 2019 S.O.S. 273
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The full text of case rulings are in PDF files and require Adobe’s free Acrobat Reader to view. To download a copy go to: www.adobe.com//products/acrobat/readstep.html
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