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 NINTH U.S. CIRCUIT COURT OF APPEALS Criminal Law and Procedure
A sentence for conspiracy to import methamphetamine cannot, consistent with the Sixth Amendment's jury trial guarantee, be sustained solely by the defendant's admission that he conspired to import marijuana but that it was "reasonably foreseeable that the controlled substance may be methamphetamine".
U.S. v. Jaregui - filed March 22, 2019
Cite as 2019 S.O.S. 16-50429
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Criminal Law and Procedure
An abuse-of-discretion standard applies for reviewing a district court's choice of remedial action in response to a successful or partially successful 28 U.S.C. Sec. 2255 motion. A decision to restructure a defendant's sentence when only one of the counts of conviction is found to be invalid is not mandatory.
Troiano v. U.S. - filed March 22, 2019
Cite as 2019 S.O.S. 18-15183
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Consumer Protection
A defendant who hired a student loan servicer can be held vicariously liable for the conduct of debt collectors hired by the loan servicer if the defendant ratified the debt collectors' calling practices and had a principal-agent relationship with the debt collectors.
Henderson v. United Student Aid Funds - filed March 22, 2019
Cite as 2019 S.O.S. 17-55373
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CALIFORNIA COURT OF APPEAL
Employment
The Federal Arbitration Act's transportation worker exemption is limited to those "engaged in" interstate commerce. A delivery truck driver can be a transportation worker engaged in interstate commerce even though his deliveries were exclusively to destinations within a single state if his intrastate deliveries were part of the movement of interstate goods to their destinations.
Nieto v. Fresno Beverage - filed March 7, 2019, publication ordered March 22, 2019, Fifth District
Cite as 2019 S.O.S. 1275
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 Real Property
Where rented property is not subject to a rent control ordinance, the property owner cannot be held civilly liable for charging an amount of rent that is expressly allowed under the parties' written lease agreement or is not precluded by law under a month-to-month rental agreement. No authority allows an award of tort and punitive damages against a landlord for charging above-market rental rates that are expressly allowed by the parties' lease agreement or by law applicable to month-to-month tenancies. It unnecessary to invoke the implied covenant of good faith and fair dealing to limit a contracting party's discretion affecting the contractual rights of the other party if that discretion is subject to other prescribed or implied limitations, such as being in proportion to an objectively determined base.
Bevis v. Terrace View Partners - filed February 28, 2019, certified for partial publication March 21, 2019, Fourth District, Div. One
Cite as 2019 S.O.S. 1280
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