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  Wednesday, January 30, 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.
NINTH U.S. CIRCUIT COURT OF APPEALS
Employment Law
To establish a claim of unlawful discrimination under the Federal Railroad Safety Act, a plaintiff must prove by a preponderance of the evidence that his protected conduct was a contributing factor in an adverse employment action. There is no separate requirement that the plaintiff prove that his employer acted with discriminatory intent.

Frost v. BNSF Railway Company - filed Jan. 30, 2019
Cite as 2019 S.O.S. 17-35513
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CALIFORNIA COURT OF APPEAL
Contracts
An attorney does not have standing to petition to compel arbitration of his clients' claims. A signatory to an arbitration agreement can compel a non-signatory parent company of a signatory subsidiary on an agency theory where the parent controlled the subsidiary to such an extent that the subsidiary was a mere agent or instrumentality of the parent and the claims against the parent arose out of the agency relationship. Nothing in the American Arbitration Association Commercial Arbitration Rules and Mediation Procedures precludes arbitrators from substituting or adding claimants. Nothing in those rules limit an arbitrator's power to fashion an equitable remedy either. Where an arbitrator's denial of fees to a prevailing party rests on the arbitrator's interpretation of a contractual provision within the scope of the issues submitted for binding arbitration, the arbitrator has not exceeded his powers.

Cohen v. TNP 2008 Participating Notes Program - filed Jan. 29, 2019, Second District, Div. Seven
Cite as 2019 S.O.S. 447
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Criminal Law and Procedure
Proposition 57 requires that early parole eligibility be assessed based on the conviction for which an inmate is now serving a state prison sentence rather than his prior criminal history. A Department of Corrections and Rehabilitation regulation that provides a blanket exclusion of sex offenders from early parole consideration runs afoul of Proposition 57.

In re Gadlin - filed Jan. 28, 2019, Second District, Div. Five
Cite as 2019 S.O.S. 461
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Family Law
Although Welfare and Institutions Code Sec. 364(c) states a social worker or welfare agency establishes the basis for the continuation of dependency jurisdiction, the first sentence of Sec. 364(c) makes clear that the parent, the guardian, or the child may offer evidence on that question. A party opposed to the termination of jurisdiction bears the burden of proof under Sec. 364(c) to show conditions still existed that would have justified the initial assumption of jurisdiction over a minor under Sec. 300.

In re N.O. - filed Jan. 30, 2019, Fourth District, Div. One
Cite as 2019 S.O.S. 466
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