eBriefs Header
  Monday, May 20, 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.
U.S. SUPREME COURT
Bankruptcy Law
A license holder presents a plausible claim for money damages arising from its inability to use a bankruptcy debtor's trademarks pursuant to a contract that the debtor sought to reject. A debtor's rejection of an executory contract under Bankruptcy Code Sec. 365 has the same effect as a breach of that contract outside bankruptcy and such an act cannot rescind rights that the contract previously granted.

Mission Product Holdings, Inc. v. Tempnology, LLC - filed May 20, 2019
Cite as 2019 S.O.S. 17-1657
Full text click here
>
Consumer Protection
A state-law failure-to-warn claim is pre-empted where there is "clear evidence" that the Food and Drug Administration would not have approved a change in a mediation label. "Clear evidence" is evidence that shows the court that the drug manufacturer fully informed the FDA of the justifications for the warning required by state law and that the FDA, in turn, informed the drug manufacturer that the FDA would not approve a change to the drug's label to include that warning. The question of agency disapproval is primarily one of law for a judge to decide.

Merck Sharp & Dohme Corporation v. Albrecht - filed May 20, 2019
Cite as 2019 S.O.S. 17-290_
Full text click here
>
Indian Law
The Crow Tribe's hunting rights under an 1868 treaty with the U.S, granting hunting rights on unoccupied lands, did not expire upon Wyoming's statehood. The crucial inquiry for treaty termination analysis is whether Congress has clearly expressed an intent to abrogate an Indian treaty right or whether a termination point identified in the treaty itself has been satisfied. Bighorn National Forest did not become categorically "occupied" within the meaning of the 1868 treaty when the national forest was created.

Herrera v. Wyoming - filed May 20, 2019
Cite as 2019 S.O.S. 17-532
Full text click here
>
NINTH U.S. CIRCUIT COURT OF APPEALS
Immigration Law
Parole into the United States under 8 U.S.C. Sec. 1182(d)(5) is not an "admission in any status" for purposes of meeting the residency requirement for cancellation of removal.

Alanniz v. Barr - filed May 20, 2019
Cite as 2019 S.O.S. 15-72792
Full text click here
>
Order
Murray v. BEJ Minerals, LLC - filed May 20, 2019
Cite as 2019 S.O.S. 16-35506
Full text click here
>
CALIFORNIA COURT OF APPEAL
Administrative Law
Government Code Sec. 20636(g)(3)(B) defines special compensation to include "[c]ompensation for performing normally required duties," and then lists examples. Bonuses "for duties performed on regular work shift" are included under Sec. 20636(g)(3)(B), but not bonuses for "additional services outside regular duty." A bonus earned for purely voluntary services performed outside of an employee's duties is not special compensation, regardless of the time frame in which it was earned.

Paxton v. Board of Administration, California Public Employees' Retirement System - filed April 23, 2019, publication ordered May 20, 2019, Third District
Cite as 2019 S.O.S. 2371
Full text click here
>
Criminal Law and Procedure
A trial court did not commit an abuse of discretion in admitting evidence that a defendant received and viewed a Snapchat story referring to a "Glock 17 with a 50 attached" since that evidence was relevant to show the defendant knew he had received a 50-round drum magazine one day later. A statement by a defendant's relative, in which the relative claimed ownership of a gun that had been found in the relative's car while the defendant was riding as a passenger, was admissible as a declaration against his penal interests. The statement was not untrustworthy since there was enough evidence to demonstrate the relative's possession of the gun that a jury had convicted him of possession. Evidence of a defendant's prior gun possession should not have been admitted where it was not possible to infer that the prior experience, involving unloaded weapons in the defendant's own car, would have provided him with any knowledge about a firearm with a loaded 50 round magazine in his cousin's car.

People v. Reyes - filed May 17, 2019, First District, Div. Two
Cite as 2019 S.O.S. 2375
Full text click here
>
Criminal Law and Procedure
A petition for writ of mandate was not the proper vehicle for a defendant to seek to have his conviction vacated where he pled guilty before a magistrate judge, but the judge had become a superior court judge by the time judgment was pronounced. A superior court judge cannot mandate another superior court judge to vacate a judgment because the superior court judge who pronounced judgment is not an inferior tribunal.

Molina v. Superior Court (People) - filed May 17, 2019, Fourth District, Div. Three
Cite as 2019 S.O.S. 2381
Full text click here
>
Education Law
A school district cannot avoid its responsibility to provide special education and related services to an eligible student to fund the placement of a child with severe disabilities in a residential treatment center, where that placement was necessary to enable the child to access a meaningful educational benefit, because the child's adoptive parents happened also to have funding available for that residential placement through a noneducational governmental agency program.

B.H. v. Manhattan Beach School District - filed May 20, 2019, Second District, Div. Four
Cite as 2019 S.O.S. 2384
Full text click here
>
Employment Law
Government Code Sec. 19584 does not allow an employee to recover damages for his increased tax liability for having received a lump sum back pay award.

Barber v, State Personnel Board (Department of Corrections and Rehabilitation) - filed May 17, 2019, Fourth District, Div. Two
Cite as 2019 S.O.S. 2393
Full text click here
>
Modification
People v. Carter - filed May 17, 2019, Fourth District, Div. One
Cite as 2019 S.O.S. 2404
Full text click here
>
 
 
 
MEMBER BENEFIT SPOTLIGHT
ABOGADO.COM LAWYER DIRECTORY – by Thomson Reuters
Abogado.com is the premier online destination for Spanish-speaking consumers looking for legal help. The site offers comprehensive legal resources, informative videos, and an extensive Spanish-language attorney directory that enables consumers to get help with their legal needs. With unparalleled visibility in search engines, as well as a rapidly-growing audience, advertising in the Abogado directory allows qualified firms and attorneys to reach and connect with Hispanic legal consumers in ways no other directory can match. Learn More About Abogado!

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


LACBA Celebrates Over 140 Years of Service to the Los Angeles Legal Community and Recognizes Past and Present Bar Leaders in Honor of Asian American and Pacific Islander Heritage Month

“Aimee   Aimee Contreras-Camua
Aimee Contreras-Camua is a Partner at Pircher, Nichols & Meeks LLP, a premier real estate law firm. Ms. Contreras-Camua's practice focuses on sophisticated real estate transactions, including mortgage and mezzanine financing, acquisitions and dispositions of single assets, equity interests and portfolio transactions, mortgage origination for commercial mortgage-backed securitization programs, sale-leasebacks, joint ventures and leasing. She has extensive experience in representing institutional lenders, real estate funds, opportunity funds, investment banks, life insurance companies, major residential developers and other real estate investors in a broad range of real estate transactions.

Ms. Contreras-Camua is a member of the Los Angeles County Bar Association's Real Property Section and a past recipient of its Real Property Section Outstanding Young Lawyer of the Year Award. She is also the 2019 recipient of the Philippine American Bar Association Trailblazer Award, and currently is on the Board of the Asian Pacific American Women Lawyers Alliance and is the Co-Chair of the National Asian Pacific American Bar Association Real Property Committee. She received both her undergraduate degree and her J.D. from UCLA.

 
 
 
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