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  Wednesday, February 20, 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
Criminal Law and Procedure
The Eighth Amendment's Excessive Fines Clause is an incorporated protection applicable to the states under the 14th Amendment's Due Process Clause.

Timbs v. Indiana - filed Feb. 20, 2019
Cite as 2019 S.O.S. 17-1091
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Taxation
A West Virginia statute exempting the pension benefits of certain former state and local law enforcement employees from taxation unlawfully discriminated against a former member of the U.S. Marshals Service since he received less favorable treatment and there was no significant difference between his former job responsibilities and those of the tax-exempt state law enforcement employees.

Dawson et ux. v. Steager - filed Feb. 20, 2019
Cite as 2019 S.O.S. 17-419
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NINTH U.S. CIRCUIT COURT OF APPEALS
Insurance Law
California Government Code Sec. 825.4 does not contain a blanket ban on an employee's insurer contributing to the employee's defense and settlement costs.

Westport Insurance Corporation v. California Casualty Management - filed Feb. 20, 2019
Cite as 2019 S.O.S. 17-15924
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CALIFORNIA COURT OF APPEAL
Criminal Law and Procedure
A broken line on a roadway does not make passing legal: passing is only legal if it is safe, and passing on a two-lane road is not safe unless a driver, before attempting to pass another car, can see that the left lane is free from traffic and that there is enough room in the right lane to overtake the slower vehicle without cutting it off. Substantial evidence supported a finding that a defendant acted with wanton disregard for safety by moving into a left lane without being able to see if another vehicle was approaching and attempting to pass two vehicles at once. A great-bodily-injury enhancement may attach to felony reckless driving.

People v. Escarcega - filed Feb. 20, 2019, Second District, Div. Three
Cite as 2019 S.O.S. 804
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Criminal Law and Procedure
If a defendant's convictions were not yet final when Senate Bill 620 and 1385 were enacted, he has a right to a hearing for a trial court to decide whether to exercise its discretion under the amended versions of Penal Code Sec. 12022.53(h), Sec. 667, and Sec. 1385, with the assistance of counsel.

People v. Rocha - filed Feb. 19, 2019, Second District, Div. Four
Cite as 2019 S.O.S. 812
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MEMBER BENEFIT SPOTLIGHT
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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

Dominique   Dominique Shelton Leipzig
Privacy and cybersecurity attorney Dominique Shelton Leipzig co-chairs the Perkins Coie Ad Tech Privacy & Data Management group. She provides strategic privacy and cyber-preparedness compliance counseling, and defends, counsels and represents companies on privacy, global data security compliance, data breaches and investigations with an eye towards helping clients avoid litigation. A former litigator for 22 years, her compliance counseling includes defending companies under investigation by the Federal Trade Commission, attorneys general offices and other regulatory and government authorities. Through these actions and related litigations where she provides subject matter leadership, Dominique is able to advise companies on best practices in privacy, cybersecurity, data, mobile, cloud storage, Ad Tech privacy, Internet of Things, cyber preparedness and other areas of regulatory compliance.
 
 
 
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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