eBriefs Header
  Friday, October 26, 2018  
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
Environmental Law
A site-specific project must comply with the standards set forth in the governing forest plan, and a project's deviation from a standard requires amendment to the forest plan. The elimination of a standard without explanation constitutes a clear violation of the National Forest Management Act. The forest management plan for the Payette Forest does not permit the Forest Service to abandon desired conditions in favor of different conditions entirely, without consideration of effects in the long term. The Forest Service acted arbitrarily in adopting a new definition of "old forest habitat" for a project area instead of using the Forest Plan definition. The Forest Service did not act arbitrarily in selecting a minimum road system for a project since it fully explained its decision and considered each of the factors listed under 36 C.F.R. Sec. 212.5. The Forest Service's adoption of Wildlife Conservation Strategy standards in lieu of the Payette Forest Plan's standards does not, in and of itself, constitute improper tiering under National Environmental Policy Act.

Alliance for the Wild Rockies v. U.S. Forest Service - filed Oct. 26, 2018
Cite as 2018 S.O.S. 16-35829
Full text click here
>
CALIFORNIA COURT OF APPEAL
Administrative Law
Labor Code Sec. 6627 provides an aggrieved party with 30 days from the date of filing for a decision by the Occupational Safety and Health Appeals Board to bring a challenge a denial of a petition for reconsideration, without extra time to account for the mailing of the decision.

Raam Construction v. Occupational Safety and Health Appeals Board (Department of Industrial Relations) - filed Sept. 28, 2018, publication ordered Oct. 25, 2018, First District, Div. Three
Cite as 2018 S.O.S. 5173
Full text click here
>
Criminal Law and Procedure
Denial of a petition for reduction of offense pursuant to Health and Safety Code Sec. 11361.8(b) requires proof by the prosecution, by a preponderance of the evidence, of an unreasonable risk of danger to public safety.

People v. Saelee - filed Oct. 26, 2018, Third District
Cite as 2018 S.O.S. 5177
Full text click here
>
Insurance Law
The loss of a conditional use permit allowing a property owner to operate a night club on its property was a loss of use of tangible property, which brought the loss within the scope of an insurance policy's definition of "property damage".

Thee Sombrero v. Scottsdale Insurance Co. - filed Oct. 25, 2018, Fourth District, Div. Two
Cite as 2018 S.O.S. 5179
Full text click here
>
Government Law
A criminal investigation is no longer "pending" for purposes of Government Code Sec. 3304(d)(2)(A) once a final determination is made not to prosecute all of the public safety officers implicated in the misconduct at issue.

Bacilio v. City of Los Angeles - filed Oct. 25, 2018, Second District, Div. Two
Cite as 2018 S.O.S. 5183
Full text click here
>
 
 
 
MEMBER BENEFIT SPOTLIGHT
AHERN Insurance Brokerage, LACBA's preferred professional liability insurance broker since 2008, offers exceptional counsel regarding the Professional Liability insurance needs of your firm. As a full-service brokerage, AHERN offers a variety of comprehensive insurance products including a Workers' Compensation program with The Hartford (LACBA member discounts apply) and Employment Practices Liability insurance (wrongful termination, discrimination, and sexual harassment coverage) with specific law firm enhancements.

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 Counsel for Justice and the Domestic Violence Legal Services Project would like to thank Lawyers' Mutual for supporting #LACBA_DVP #31DaysofAwareness campaign to raise funds to support the DVP’s ongoing efforts to help #domesticviolence victims obtain Temporary Restraining Orders and other legal remedies to protect them from their abusers. To learn more or donate to DVP, CLICK HERE.

 
 
 
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
© 2018 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 © 2018, all rights reserved.
   
 
 
 


www.lacba.org

 


www.metnews.com