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  Tuesday, February 26, 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.
Civil Procedure
Federal Rule of Civil Procedure 23(f) is properly classified as a non-jurisdictional claim-processing rule, but its text does not leave room for equitable tolling.

Nutraceutical Corporation v. Lambert - filed Feb. 26, 2019
Cite as 2019 S.O.S. 17-1094
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Constitutional Law
A state's authorization of a labor union to act as the exclusive collective bargaining representative for the state's publicly-subsidized childcare providers did not violate an individual provider's First Amendment rights.

Miller v. Inslee - filed Feb. 26, 2019
Cite as 2019 S.O.S. 16-35939
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Employment Law
The statutory provisions of the Foreign Corrupt Practices Act are not "rules or regulations of the Securities and Exchange Commission" for purposes of Sec. 806 of the Sarbanes-Oxley Act.

Wadler v. Bio-Rad Laboratories, Inc. - filed Feb. 26, 2019
Cite as 2019 S.O.S. 17-16193
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Immigration Law
The Board of Immigration Appeals erred in denying asylum relief to an applicant without considering whether the conditions of her offer of resettlement in South Africa were too restricted for her to be firmly resettled. The board also erred in applying the firm resettlement rule as a limitation on the evidence the board considered in support of the applicant's claim for relief from removal and in applying the rule to bar the applicant's withholding of removal claim.

Arrey v. Barr - filed Feb. 26, 2019
Cite as 2019 S.O.S. 16-73373
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Tax Law
Reasonable advance notice" for purposes of 26 U.S.C. Sec. 7602(c)(1) means notice reasonably calculated, under all the relevant circumstances, to apprise interested parties of the possibility that the Internal Revenue Service may contact third parties, and that affords interested parties a meaningful opportunity to resolve issues and volunteer information before third-party contacts are made.

J.B. v. United States - filed Feb. 26, 2019
Cite as 2019 S.O.S. 16-15999
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Employment Law
The Legislature may constitutionally exercise authority over minimum wages applicable to both private and public employees, despite the constitutional reservation of authority in charter cities to legislate as to their municipal affairs.

Marquez v. City of Long Beach - filed Feb. 25, 2019, Second District, Div. Seven
Cite as 2019 S.O.S. 880
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Family Law
A person with autism is not automatically a candidate for a limited conservatorship. There is no authority prohibiting the establishment of a limited conservatorship solely because it may result in an adult student's transfer from a school that has failed to meet her educational needs. A trial judge's personal observations of a proposed conservatee can contribute to the evidence supporting the appointment of a conservator.

Conservatorship of O.B. - filed Feb. 26, 2019, Second District, Div. Six
Cite as 2019 S.O.S. 889
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Indian Law
Nothing in the language or legislative history of Public Law 280 indicates the statute was meant to divest states of pre-existing jurisdiction. In circumstances involving conduct that is partially on-reservation and partially off-reservation, a state may validly assert authority over the activities of nonmembers on a reservation if a balancing of interests calls for it.

People ex rel. Becerra v. Huber - filed Feb. 25, 2019, First District, Div. Four
Cite as 2019 S.O.S. 893
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Insurance Law
The retained limits that a self-insured company agreed to pay in its first layer of coverage did not apply to the higher-layer insurance policies where the only precondition to liability attaching to the higher-layers policies is that the underlying policy insurers have paid, or are liable to pay, the full amount of their respective ultimate net loss liability. A "covered occurrence" is one arising within the scope of the insurance, as opposed to an actual adjudication of the merits of an underlying claim

Deere & Company v. Allstate Insurance Company - filed Feb. 25, 2019, First District, Div. Four
Cite as 2019 S.O.S. 903
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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

Terrence M. Franklin   Terrence M. Franklin
Terrence M. Franklin, Partner at Sacks Glazier Franklin & Lodise, is a seasoned attorney with over a quarter century of experience handling trust and estates and probate litigation, disputes and appeals. His breadth of experience underscores the firm's long-standing reputation and the reason clients turn to the firm for complex cases involving significant dollar amounts.

Mr. Franklin has extensive trial and appellate experience, including successful published appeals and the landmark Moeller case, which was brought before the California Supreme Court. 16 Cal. 4th 1124.

An active member of the trusts and estates legal community, he serves on the Diversity and Inclusivity Committee of the American College of Trust and Estate Counsel (ACTEC), where he is committed to improving the level of membership and engagement among diverse and minority lawyers. He is working with ACTEC to develop strategies to make the trust and estates practice area more attractive to minority law students and young attorneys, and was instrumental in developing a diversity and inclusivity mission statement for ACTEC, and a fellowship to support potential future fellows in the college. In addition, Mr. Franklin serves on the Board of Regents of ACTEC, the California Membership Committee, and the Fiduciary Litigation Committee.

Mr. Franklin has been recognized by numerous industry rankings, including: named to the 2019 list of "Most Influential Minority Lawyers" by Los Angeles Business Journal; ranked by Chambers and Partners High Net Worth guide in the Private Wealth Disputes category for 2017 and 2018; named to the list of Southern California Super Lawyers every year since 2005; included on the list of the Best Lawyers in America every year since 2011. Mr. Franklin was also named Best Lawyers "Lawyer of the Year" in 2016 for Trusts & Estates Litigation - Los Angeles which is awarded to individual attorneys with the highest overall peer feedback for a specific practice area and geographic region. Only one attorney is recognized as the "Lawyer of the Year" for each specialty and location.

Last year, Terry was invited to be part of “HistoryMakers” the nation’s largest African-American oral history project, where his interview about his life achievements and experience will be archived at the Library of Congress.  Terry has also made it his mission to help, “Bend the Arc Of History Towards Justice” through projects related to a 2014 discovery that his fourth great-grandfather, John Sutton, a white farmer in Florida, owned his fourth great-grandmother, Lucy, whom John described at his “mulatto slave, aged about 45” in the last will he executed in 1846 emancipating Lucy and their eight children and six grandchildren.  The family’s exodus from slavery after John’s death, and the legal challenge brought by John’s brother,  to try to keep the family in slavery are the subject of presentations Terry has given over two dozen times across the country to lawyers associations and history/genealogy groups, as well the subject of writing projects he works on in his spare time, including a novel and a miniseries script, both titled, “The Last Will of Lucy Sutton”.  www.LucySutton.com.  He also serves as Co-President of the Board of Directors of Outfest, the leading LGBTQ arts organization.

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