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  Thursday, April 25, 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.
Civil Procedure
In a diversity judgment case, the preclusion law of the state where the federal court sat, confirming an arbitration award, determined the preclusive effect of the award. Under Florida law, claim preclusion barred a plaintiff's claims where the plaintiff was seeking the same remedy it sought in arbitration, the evidence needed to prove the claim was the same as what was presented in the arbitration, and the parties involved in the arbitration were the same or in privity with the parties to the lawsuit.

NTCH-WA v. ZTE Corporation - filed April 25, 2019
Cite as 2019 S.O.S. 17-35833
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Constitutional Law
As of May 2013, there was no specific caselaw establishing that a police officer acts with unconstitutionally excessive force in tackling a potential domestic violence suspect who posed no apparent danger to the officer, but was engaged in more than "passive resistance" to the officer's directions.

Emmons v. City of Escondido - filed April 25, 2019
Cite as 2019 S.O.S. 16-55771
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Environmental Law
The Bureau of Land Management satisfied its obligation to consult the Steens Mountain Advisory Council before issuing a recreation plan for the Steens Mountain Cooperative Management and Protection Area where the bureau accepted public comment, formally briefed the council and provided the council members with copies of each route analysis. The Interior Board of Land Appeals acted arbitrarily and capriciously by changing its definition of "roads and trails without providing a reasoned explanation for the change. The board also acted arbitrarily and capriciously by affirming a travel plan and recreation plan for the Steens Mountain Cooperative Management and Protection Area where the bureau failed to establish the baseline environmental conditions necessary for a procedurally adequate assessment of the plans' environmental impacts.

Oregon Natural Desert Association v. Rose - filed April 25, 2019
Cite as 2019 S.O.S. 18-35258
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Employment Law
Although a collective bargaining agreement between a stadium owner and a group of security guards may be relevant to a dispute over whether the stadium failed to pay unpaid wages upon discharging the guards, the dispute turns on the interpretation of the word "discharge" under the Labor Code rather than the agreement itself. Federal employment law therefore did not require arbitration of the dispute.

Melendez v. San Francisco Baseball Associates LLC - filed April 25, 2019
Cite as 2019 S.O.S. 1953
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Criminal Law and Procedure
A defendant who pleads guilty is statutorily precluded from a finding of factual innocence because a conviction has occurred in the defendant's case as a result of the guilty plea. A dismissal after a defendant successfully completes probation does not expunge the defendant's conviction with regard to a defendant's filing a petition for a finding of factual innocence.

People v. Mazumder - filed April 24, 2019, Fourth District, Div. Three
Cite as 2019 S.O.S. 1957
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The primary assumption of risk doctrine was inapplicable to a worker who was not expressly hired to manage the hazardous condition that injured him.

Harry v. Ring the Alarm, LLC - filed April 25, 2019, Second District, Div. Four
Cite as 2019 S.O.S. 1962
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