eBriefs Header
  Tuesday, April 16, 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.
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
Full text click here
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
Full text click here
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
Full text click here
Oracle USA, Inc. v. Rimini Street, Inc. - filed April 16, 2019
Cite as 2019 S.O.S. 16-16832
Full text click here
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
Full text click here
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
Full text click here
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
Full text click here
People v. Medina - filed April 16, 2019, Second District, Div. One
Cite as 2019 S.O.S. 1840
Full text click here
Ruby Receptionists – Any caller or website visitor can be your next big case and Ruby® makes sure you won’t miss it.

Ruby is a live chat and virtual receptionist service that provides personalized client experiences to build trust and win new clients. From our US-based offices, our friendly chat and receptionist professionals serve as an extension of your team, answering calls and chatting live with custom greetings and information about your firm.
Since 2003, thousands of attorneys have trusted Ruby to help grow their firms, one connection at a time. Ruby is focused on building meaningful connections with callers and website visitors to increase the likelihood that you’ll secure a client for life. To learn more about how Ruby can help your firm, visit www.callruby.com/lacba or call 866-611-7829.

read more
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
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
Problems or comments?
Email us at ebriefs@lacba.org
© 2019 Los Angeles County Bar Association. The information contained in this document is intended solely for use by the person identified above. Any transmission to or copying for the benefit of another person is prohibited. Metropolitan News-Enterprise, SOS and MNC are registered trademarks of the Metropolitan News Company. Summaries are copyrighted by Metropolitan News Company © 2019, all rights reserved.