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  Wednesday, February 6, 2019  
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.
Employment Law
The common-law agency test should be used to determine whether an entity is a joint employer under Title VII of the Civil Rights Act, not the economic-reality test.

U.S. Equal Employment Opportunity Commission v. Global Horizons, Inc. - filed Feb. 6, 2019
Cite as 2019 S.O.S. 16-35528
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Employment Law
Companies that marketed health insurance plans and allegedly charged excessive premiums did not act as fiduciaries of the plans because they did not exercise discretion over plan management or control over plan assets. ERISA does not preempt state-law claims based on defendants' alleged misrepresentations that the premiums charged reflected the actual medical premium amount because the claims did not have a reference to or an impermissible connection with an ERISA. A plaintiff seeking restitution or disgorgement for alleged charges it paid for kickbacks and unrequested benefits cannot assert a claim for equitable relief under 29 U.S.C. Sec. 1132(a)(2) since restitution and disgorgement are not equitable in nature.

The Depot, Inc. v. Caring for Montanans, Inc. - filed Feb. 6, 2019
Cite as 2019 S.O.S. 17-35597
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Civil Procedure
An award of costs on an appeal is a final and enforceable judgment, even if trial is yet to be had. The availability of a less expensive option to obtaining an appeals bond does not make a litigant's decision to obtain a bond unreasonable or unnecessary.

Rostack Investments v. Sabella - filed Feb. 5, 2019, Second District, Div. Eight
Cite as 2019 S.O.S. 661
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Criminal Law and Procedure
Senate Bill No. 1393's amendments to Penal Code Sec. 667(1) and Sec. 1385 apply retroactively to nonfinal judgments, but remand is not necessary if the record shows that a trial court would not have exercised its discretion to lessen the sentence for a defendant. Remand is still appropriate, out of an abundance of caution, where a trial court plainly was not sympathetic to a defendant, but the court lacked discretion to strike the enhancements against him at the time of sentencing.

People v. Johnson - filed Feb. 5, 2019, Fourth District, Div. One
Cite as 2019 S.O.S. 666
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Family Law
Substantial evidence supported a juvenile court's finding that reasonable services were not provided to a child's father where a social worker ignored the father's requests for assistance, the child welfare agency did not make reasonable efforts to provide therapy to the father, and the agency unreasonably cancelled plans for a 60-day home visit. A juvenile court is authorized to extend reunification services up to the 24-month review date if the court determines that reasonable services were not provided or offered to the parent. A Sec. 366.26 hearing cannot be set at the 12-month and 18-month review hearing when reasonable services have not been provided or offered.

In re M.F. - filed Jan. 11, 2019, publication ordered Feb. 5, 2019, Fourth District, Div. One
Cite as 2019 S.O.S. 681
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LACBA Celebrates Over 140 Years of Service to the Los Angeles Legal Community and Recognizes Past and Present Bar Leaders in Honor of Black History Month

  Arthel McDaniel III
Arthel McDaniel is a Principal at Am Law 100 firm Polsinelli. He is a creative strategist and problem-solver who works closely with clients to help them navigate the complex issues inherent in commercial lending transactions, securitization, tax credit finance, and other structured finance transactions. Recognized by the Los Angeles Business Journal as one of the “Most Influential Minority Attorneys in Los Angeles”, Arthel also works with clients to resolve complicated issues inherent in capital markets transactions. Whether representing lenders, national tax credit syndicators, or local nonprofit developers, Arthel uses his deep industry knowledge and negotiation skills to successfully close tax credit transactions in both up and down markets.

Arthel actively utilizes his expertise to be a pivotal force in refurbishing and revitalizing African American communities. Known for his exceptional negotiating and deal closing skills, Arthel also represents motion picture production companies, record labels, and advertising agencies with respect to talent acquisition, licensing and project finance matters. He has served as production counsel for several feature length films and has represented the principal participants in connection with various network reality television programs. Arthel is a member of American MENSA, an organization whose members score in the top 2% of the population on standardized intelligence tests. He volunteers as a mentor to students from underrepresented groups at the UCLA School of Law.
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