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  Monday, June 10, 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
Where federal law addresses the relevant issue, state law is not adopted as surrogate federal law on the Outer Continental Shelf.

Parker Drilling Management Services, Ltd. v. Newton - filed June 10, 2019
Cite as 2019 S.O.S. 18-389
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Criminal Law and Procedure
Generic remaining-in burglary occurs under 18 U.S.C. Sec. 924(e) when the defendant forms the intent to commit a crime at any time while unlawfully remaining in a building or structure. The intent to commit a crime must be contemporaneous with unlawful entry or remaining, but the defendant's intent is contemporaneous with the unlawful remaining so long as the defendant forms the intent at any time while unlawfully remaining. The Michigan home-invasion statute substantially corresponds to or is narrower than generic burglary.

Quarles v. United States - filed June 10, 2019
Cite as 2019 S.O.S. 17-778
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Intellectual Property
The government is not a "person" capable of instituting administrative review proceedings under the Leahy-Smith America Invents Act.

Return Mail, Inc. v. Postal Service - filed June 10, 2019
Cite as 2019 S.O.S. 17-1594
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Employment Law
Employees aggrieved by a union's breach of its duty of fair representation during collective bargaining cannot sue their employer for "colluding" in the union's breach.

Beckington v. American Airlines, Inc. - filed June 10, 2019
Cite as 2019 S.O.S. 18-15648
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Skidmore v. Led Zeppelin - filed June 10, 2019
Cite as 2019 S.O.S. 16-56057
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Criminal Law and Procedure
While a trial judge generally cannot reconsider and overrule an order of another trial judge, the Legislature provided multiple procedural vehicles to litigate and relitigate search and seizure issues before trial. A defendant can raise a suppression argument in a Penal Code Sec. 995 motion before a judge even though a different judge rejected those same arguments in an earlier motion filed pursuant to Sec. 1538.5(i). When a law enforcement officer pulls in behind a parked car and trains a spotlight on the car, a reasonable motorist would not believe himself free to leave. A police officer did not have a reasonable suspicion to detain a motorist in a parked car with his foglamps illuminated.

People v. Kidd - filed May 16, 2019, publication ordered June 10, 2019, Fourth District, Div. Two
Cite as 2019 S.O.S. 2664
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Employment Law
While a policy or practice of failing to pay premium wages after meal period violations is an unfair business practice within the meaning of the Unfair Competition Law, a class of plaintiffs must still show the no-premium-wages policy harmed the class members in a manner entitling them restitution. A plaintiff cannot have her untimely-filed Private Attorneys General Act claim relate-back to a prior complaint that did not raise a PAGA claim, and that did not allege a pre-filing notice to the Labor and Workforce Development Agency.

Esparza v. Safeway, Inc. - filed June 10, 2019, Second District, Div. Four
Cite as 2019 S.O.S. 2669
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LACBA Celebrates Over 140 Years of Service to the Los Angeles Legal Community and Recognizes Past and Present Bar Leaders in Honor of LGBTQ Pride Month

“David   David McFarlane
David McFarlane is a partner in Crowell & Moring’s Los Angeles office. David has more than 20 years of experience advising on matters under the Employee Retirement Income Security Act (ERISA), the Affordable Care Act, and the Internal Revenue Code related to retirement and health plans, employee benefits and executive compensation. David developed a unique Fixed-Fee ERISA Fiduciary Protection Program for corporate plan sponsors of retirement, health, and other employee benefit plans to ensure compliance with ERISA and related laws in order to best protect plan sponsors and their Boards of Directors, Officers, and other employees from personal liability under ERISA.

David has been active in leadership roles for a variety of public and private institutions and organizations including President of the Canadian American Bar Association, Judge Pro Tem of the Superior Court of California, Vice-Chair of the Board of Directors at Barlow Respiratory Hospital, and President of the Western Pension & Benefit Council (Los Angeles). Prior to joining Crowell & Moring, David was a former partner in the Canadian law firm Osler, Hoskin & Harcourt before joining Skadden Arps in Los Angeles for 13 years. A longtime legal advocate in Los Angeles, David is the former Co-President of the LGBT Bar Association of Los Angeles, served on the LGBT Advisory Committee for the Mayor of Los Angeles and was Chairman of the Board of Directors for the AIDS Service Center in Pasadena. David is a frequent speaker and writer on matters related to his practice as well as diversity in the practice of law. He was recently recognized in the Los Angeles Business Journal as one of the “Most Influential Minority Lawyers in Los Angeles.” David attributes much of his success to the constant support of his four children and husband Kenny.

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