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  Tuesday, April 16, 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
Intellectual Property
To prevail on a vicarious liability infringement claim, a plaintiff must prove that a defendant had the right and ability to supervise the infringing conduct, and a direct financial interest in the infringing activity. A party engages in contributory copyright infringement when it has knowledge of another's infringement and either materially contributes to or induces that infringement. A district court erred when it instructed the jury that it could find that defendant's infringement was willful if he "should have known" that his acts infringed plaintiffs' copyright since a finding of willfulness requires a showing of recklessness, willful blindness, or actual knowledge.

Erickson Productions, Inc. v. Kast - filed April 16, 2019
Cite as 2019 S.O.S. 15-16801
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Maritime Law
To be "final" for purposes of 33 U.S.C. Sec. 921(d), an order must at a minimum specify the amount of compensation due or provide a means of calculating the correct amount without resorting to extra-record facts.

Grimm v. Vortex Marine Construction - filed April 16, 2019
Cite as 2019 S.O.S. 18-15104
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Tax Law
Treasury Regulation Sec. 301.7502-1(e)(2) is a permissible construction Internal Revenue Code Sec. 7502. According deference to that regulation, Sec. 7502 provides the exclusive means to prove delivery of an amended tax return.

Baldwin v. United States - filed April 16, 2019
Cite as 2019 S.O.S. 17-55115
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Order
Oracle USA, Inc. v. Rimini Street, Inc. - filed April 16, 2019
Cite as 2019 S.O.S. 16-16832
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CALIFORNIA COURT OF APPEAL
Consumer Protection
The plain language of Business and Professions Code Sec. 17501 restricts significant amounts of protected commercial speech but it is not facially unconstitutional. A retailer, in selecting the medium for the advertised item, determines the particular market in which the prevailing market prices are to be identified. The relevant market is the one that exists in the locality of consumers likely to see the advertisement at the time it is published, and consists of the vendors then competing to sell the advertised item to them.

People v. Superior Court (J.C. Penney Corporation, Inc.) - filed April 16, 2019, Second District, Div. Four
Cite as 2019 S.O.S. 1814
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Corporations
A director of a nonprofit corporation who had standing under Corporations Code Sec. 5233, Sec. 5142 and Sec. 5223 at the time she instituted an action to address self-dealing by another director did not lose her standing when she was subsequently removed as a director.

Summers v. Colette - filed April 15, 2019, Second District, Div. Seven
Cite as 2019 S.O.S. 1828
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Torts
Civil Code Sec. 1431.2 does not operate to limit an intentional tortfeasor's liability for noneconomic damages to its percentage of fault under comparative fault principles.

Burch v. CertainTeed Corporation - filed April 15, 2019, First District, Div. Four
Cite as 2019 S.O.S. 1833
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Modification
People v. Medina - filed April 16, 2019, Second District, Div. One
Cite as 2019 S.O.S. 1840
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