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  Monday, March 4, 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
Intellectual Property
The term "full costs" in 17 U.S.C. Sec. 505 of the Copyright Act means the costs specified in the general costs statute codified at 28 U.S.C. Sec. 1821 and Sec. 1920.

Rimini Street, Inc. v. Oracle USA, Inc. - filed March 4, 2019
Cite as 2019 S.O.S. 17-1625
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Intellectual Property
Registration occurs, and a copyright claimant may commence an infringement suit, when the Copyright Office registers a copyright. Upon registration of the copyright, a copyright owner can recover for infringement that occurred both before and after registration

Fourth Estate Public Benefit Corporation v. Wallstreet.Com, LLC - filed March 4, 2019
Cite as 2019 S.O.S. 17-571
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Workers' Compensation
A railroad's payment to an employee for working time lost due to an on-the-job injury is taxable "compensation" under the Railroad Retirement Tax Act.

BNSF Railway Company v. Loos - filed March 4, 2019
Cite as 2019 S.O.S. 17-1042
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NINTH U.S. CIRCUIT COURT OF APPEALS
Criminal Law and Procedure
A state Supreme Court violated clearly established U.S. Supreme Court precedent established in Eddings v. Oklahoma by refusing to consider a capital defendant's longstanding alcohol and substance abuse on the ground that he did not establish a causal connection between this mitigating evidence and his crime.

Spreitz v. Ryan - filed March 4, 2019
Cite as 2019 S.O.S. 09-99006
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Criminal Law and Procedure
A warrant authorizing the seizure of a suspect's historical cell-site location information was not supported by probable cause where the affidavit in support of the warrant made only passing references to the suspect, who happened to be related to a murder victim's minor girlfriend. The existence of a search warrant does not automatically preclude application of the exclusionary rule. It cannot be said that no reasonable officer would have relied on a warrant obtained from a court just two days into the investigation of a murder, where the warrant was supported by a lengthy affidavit providing ample factual background detailing what was known about the murder, and the affidavit indicated that the police had already discussed the case with a prosecutor.

United States v. Elmore - filed March 4, 2019
Cite as 2019 S.O.S. 16-10109
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Workers' Compensation
An untimely petition for attorney fees under the Longshore and Harbor Workers' Compensation Act is subject to review for excusable neglect. The four-factor test in Pioneer Investment Services Co. v. Brunswick Associates Limited Partnership is applicable to the excusable neglect standard.

Iopa v. Saltchuk-Young Brothers, Ltd. - filed March 4, 2019
Cite as 2019 S.O.S. 17-70415
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CALIFORNIA SUPREME COURT
Employment Law
A public employee's ability to purchase additional retirement service credits was not a term and condition of public employment protected from impairment by the constitutional contract clause. The opportunity to purchase such credit therefore could be altered or eliminated at the discretion of the Legislature.

Cal Fire Local 2881 v. California Public Employers' Retirement System - filed March 4, 2019
Cite as 2019 S.O.S. 1030
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Tax Law
Customers who have paid sales tax reimbursement on purchases they believe to be exempt from sales tax may not file suit to compel the retailers to seek a tax refund from the Department of Tax and Fee Administration when there has been no determination by the department or a court that the purchases are exempt.

McClain v. Sav-On Drugs - filed March 4, 2019
Cite as 2019 S.O.S. 1042
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CALIFORNIA COURT OF APPEAL
Criminal Law and Procedure
The passage of Proposition 64 did not remove possession of marijuana in prison from the reach of Penal Code Sec. 4573.6.

People v. Perry - filed March 1, 2019, First District, Div. Two
Cite as 2019 S.O.S. 1047
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MEMBER BENEFIT SPOTLIGHT
AI for Attorneys -- by Thomson Reuters 1-800-WESTLAW Artificial intelligence technology is in the news and on lawyers' minds as they consider how advancements in machine learning and automation will affect their industry. Will it become standard? What is "good" legal AI? And how are attorneys using it?

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LACBA members receive discounts on Metropolitan News Company publications and services. For more information, contact Vahn Babigian at (213) 346-0033 or go to http://www.metnews.com/info.html


LACBA Celebrates Over 140 Years of Service to the Los Angeles Legal Community and Recognizes Past and Present Bar Leaders in Honor of Women’s History Month

Amber Healy   Amber Healy
Amber Healy, Partner at Atkinson, Andelson, Loya, Ruud & Romo, focuses her practice on the defense of employers and management in high stakes employment litigation. She has extensive experience litigating wage and hour class and representative actions in state and federal courts throughout California. She has also litigated novel issues concerning the Private Attorneys General Act before both the Ninth Circuit Court of Appeals and the California Court of Appeal.  Ms. Healy represents clients in all major industries and heads her firm’s Complex Litigation Team.  

Ms. Healy also counsels clients on issues concerning equal pay, employee discipline, privacy, wrongful termination, retaliation, whistleblower, discrimination, harassment, and prevailing wage issues. She frequently represents clients in proceedings before administrative agencies, including the Equal Employment Opportunity Commission, Department of Labor, Department of Fair Employment and Housing, and the California Department of Industrial Relations. Ms. Healy currently serves on LACBA’s President’s Advisory Committee on Women in the Legal Profession.


 
 
 
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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