eBriefs Header
  Thursday, April 25, 2019  
LACBA.ORG  |  EBRIEFS ARCHIVE  |  CALENDAR  |  MEMBERSHIP BENEFITS
   
 
 
     
 
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
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
Full text click here
>
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
Full text click here
>
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
Full text click here
>
CALIFORNIA SUPREME COURT
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
Full text click here
>
CALIFORNIA COURT OF APPEAL
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
Full text click here
>
Torts
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
Full text click here
>
 
 
 
MEMBER BENEFIT SPOTLIGHT
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.
   
 
 
 


www.lacba.org

 


www.metnews.com