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  Tuesday, April 23, 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
Securities
Writ is denied for review of a decision from the Ninth U.S. Circuit Court of Appeals finding Section 14(e) of the Securities Exchange Act of 1934 supports an inferred private right of action based on the negligent misstatement or omission made in connection with a tender offer.

Emulex Corporation v. Varjabedian - filed April 23, 2019
Cite as 2019 S.O.S. 18-459
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NINTH U.S. CIRCUIT COURT OF APPEALS
Employment Law
An ERISA plan sponsor and administrator engaged in prohibited self-dealing by setting and approving its own fees from plan assets for serving as its own recordkeeper. The "reasonable compensation" exemption does not apply to prohibited self-dealing, including where a self-dealing fiduciary seeks the exemption for actual and legitimate services rendered. Where a fiduciary has engaged in self-dealing, the entire cost is the total amount of the illegal compensation that the fiduciary paid itself.

Acosta v. City National Corporation - filed April 23, 2019
Cite as 2019 S.O.S. 17-55421
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Environmental Law
Declarations by members of conservationist groups describing how the federal government's participation in the killing of gray wolves threatened their aesthetic and recreational interests in tracking and observing wolves in the wild fell under the scope of National Environmental Policy Act and established injury-in-fact. The injuries were redressable, as the plaintiffs showed that halting the wolf killing for additional NEPA analysis could protect their aesthetic and recreational interests.

Western Watersheds Project v. Grimm - filed April 23, 2019
Cite as 2019 S.O.S. 18-35075
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Government Law
Pursuant to 28 U.S.C. Sec. 2401(b), an action must be brought within six months "after the date of mailing" of notice of final denial of the claim. 28 C.F.R. Sec. 14.2(c), which requires that any amendment to a claim against the United States must be made before the agency's final denial, is a permissible reading of the statute.

Redlin v. United States - filed April 23, 2019
Cite as 2019 S.O.S. 17-16963
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Immigration Law
In the context of aggravated felonies, a generic theft offense is defined as a taking of property or an exercise of control over property, without consent, with the criminal intent to deprive the owner of rights and benefits of ownership, even if such deprivation is less than total or permanent. Third-degree robbery under Oregon Revised Statutes Sec. 164.395 theoretically could cover a consensual taking due to its incorporation of theft by deception, but there is no realistic probability of a person being prosecuted under the statute for such conduct. The incorporation of unauthorized use of a vehicle under Oregon Revised Statutes Sec. 164.135(1)(b)-(c) into Sec. 164.395 does not make the statute over-broad.

Lopez-Aguilar v. Barr - filed April 23, 2019
Cite as 2019 S.O.S. 17-73153
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CALIFORNIA COURT OF APPEAL
Administrative Law
A college's investigation and adjudication of a student's accusation of sexual assault was fatally flawed where the college did not comply with its own disciplinary policies and procedures. The disciplinary panel did not hear testimony from critical witnesses, yet relied on these witnesses' prior statements to corroborate the alleged victim's account, or to impeach the accused student's account. The panel withheld material evidence from the accused student and the accused student was denied a meaningful opportunity to pose questions to witnesses on material disputed facts.

Doe v. Westmont College - filed April 23, 2019, Second District, Div. Six
Cite as 2019 S.O.S. 1907
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Contract Law
An agreement to terminate all of the obligations in a contract between two parties, aside from the payment obligations, did not terminate the parties' agreement to arbitrate disputes over the performance of the contract that occurred before the termination of the contract.

Oxford Preparatory Academy v. Edlighten Learning Solutions - filed April 22, 2019, Fourth District, Div. Three
Cite as 2019 S.O.S. 1913
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Family Law
The word "voluntary", as used in Family Code Sec. 3951, means a relative must be supporting the child of her own accord or by free choice. Once a court awards that relative full legal physical custody of a child, her support is no longer "voluntary".

County of San Diego Department of Child Support Services v. C.A. - filed April 22, 2019, Fourth District, Div. One
Cite as 2019 S.O.S. 1916
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