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  Thursday, March 7, 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
Immigration Law
The Board of Immigration Appeals can consider sentencing enhancements when it determines that a petitioner was convicted of a per se particularly serious crime.

Mairena v. Barr - filed March 7, 2019
Cite as 2019 S.O.S. 15-72833
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Immigration Law
Pursuant to 8 U.S.C. Sec. 1252(e)(2), a district court's jurisdiction is limited to reviewing three basic factual determinations related to an expedited removal order. 8 U.S.C. Sec. 1252(e)(2) violates the Suspension Clause as applied to an asylum seeker asserting the government failed to follow the required procedures and apply the correct legal standards when evaluating his credible fear claim.

Thuraissigiam v. U.S. Department of Homeland Security - filed March 7, 2019
Cite as 2019 S.O.S. 18-55313
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Order
DW Aina Le'a Development, LLC v. State of Hawai'i Land Use Commission - filed March 7, 2019
Cite as 2019 S.O.S. 17-16280
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CALIFORNIA COURT OF APPEAL
Family Law
Sufficient evidence supported a court's finding that returning children to the care of their mother was ineffective in protecting or rehabilitating the children where mother continued to use excessive and inappropriate disciplinary measures when punishing the children. She improperly terminated services for the children and herself, she drove the children with a restricted license after having been arrested for driving under the influence, and she hindered the investigation of abuse referrals. The police were called to intervene twice in arguments between the mother and one child.

In re D.D. - filed Feb. 20, 2019, publication ordered March 6, 2019, Third District
Cite as 2019 S.O.S. 1076
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Real Property
Evidence of the existence of an office policy for a worker to initial the arbitration notice provision in all residential listing agreements presented to her does not establish adherence to the policy, or that a particular listing agreement had been initialed, as a matter of law. Evidence that the realtor intended to accept arbitration by having the worker initial the arbitration notice provision in all residential listing agreements did not outwardly manifest the realtor's assent to arbitration.

Juen v. Alain Pinel Realtors, Inc. - filed Feb. 6, 2019, publication ordered March 6, 2019, Sixth District
Cite as 2019 S.O.S. 1081
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Modification
People v. Orozco - filed March 7, 2019, Second District, Div. Two
Cite as 2019 S.O.S. 1085
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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 Women’s History Month

  Michele J. Beilke
Michele is a partner in Hunton Andrews Kurth LLP’s Labor and Employment group. She has extensive experience efficiently and effectively litigating single -plaintiff discrimination and multi-plaintiff cases in state and federal courts. She also has extensive national jury trial and arbitration experience. She litigates state and national wage and hour class actions, and discrimination and harassment claims under state and federal law. Michele also provides advice and counsel with respect to California and FLSA wage and hour issues, FMLA, CFRA and ADA issues and leave policies, WARN requirements, and non-solicitation and non-compete agreements. She prepares responses to EEOC and DFEH administrative charges and has represented employers in connection with Department of Labor audits. She has experience handling arbitrations before the FINRA and private arbitrators. Her practice also includes speaking for in-house attorneys, human resources professionals and supervisors, conducting sexual harassment training for employers, drafting employment agreements and developing and implementing employee policies.
 
 
 
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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