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  Thursday, November 1, 2018  
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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
Employment Law
The Americans with Disabilities Act Amendments Act expanded the scope of the Americans with Disabilities Act's "regarded-as" definition of disability. Prior to the ADAAA, to sustain a regarded-as claim, the plaintiff had to provide evidence that the employer subjectively believed the plaintiff was substantially limited in a major life activity, but under the ADAAA the plaintiff must show that he has been subjected to a prohibited action "because of an actual or perceived physical or mental impairment whether or not the impairment limits or is perceived to limit a major life activity."

Nunies v. HIE Holdings, Inc. - filed Nov. 1, 2018
Cite as 2018 S.O.S. 16-16494
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Intellectual Property
Egyptian law recognizes a transferable economic right to prepare derivative works from a song. The "moral rights" that an individual retains by operation of Egyptian law are not enforceable in a U.S. federal court. An individual with the right to royalties for a song does not have standing to bring a claim of copyright infringement against a musician who uses a sample of the song.

Fahmy v. Jay-Z - filed Nov. 1, 2018
Cite as 2018 S.O.S. 16-55213
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Order
Sali v. Corona Reginal Medical Center - filed Nov. 1, 2018
Cite as 2018 S.O.S. 15-56460
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CALIFORNIA COURT OF APPEAL
Administrative Law
A decision by the State Personnel Board to refer a case to an outside administrative law judge to conduct an evidentiary hearing did not divest the board of further authority over the case. A party cannot wait to see what evidence a witness will provide before objecting or moving to strike. Administrative proceedings are not subject to the evidentiary limitations provided by Evidence Code Sec. 703.5. The State Personnel Board has constitutional authority to discipline an attorney for lying to a quasi-judicial officer while she was representing a state agency.

Palmieri v. California State Personnel Board (California Department of Corrections and Rehabilitation) - filed Oct. 31, 2018, Third District
Cite as 2018 S.O.S. 5229
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Real Property
An assessment lien does not relate back to the date of execution for a contract providing for the assessment lien if and when an assessment lien for a specified amount was recorded against the property. A contractual provision expressly granting an assignment lien priority over all other liens and claims modified the otherwise-applicable "first in time, first in priority" rule of lien priorities.

Bear Creek Master Association v. Southern California Investors, Inc. - filed Oct. 19, 2018, publication ordered Oct. 31, 2018, Fourth District, Div. Two
Cite as 2018 S.O.S. 5235
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Modification
Cheveldave v. Tri Palms Unified Owners Association - filed Oct. 31, 2018, Fourth District, Div. Two
Cite as 2018 S.O.S. 5241
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Loyola Partners with Distinguished Congressman to Launch The Coelho Center for Disability Law, Policy & Innovation
Loyola Law School, Los Angeles at Loyola Marymount University (LMU) will launch The Coelho Center for Disability Law, Policy & Innovation with the symposium, “Disability Impact: Breaking Through Barriers to Civic Leadership,” on Monday, Nov. 5, 2018 from 11:30 a.m.-5:30 p.m. at LMU’s Playa Vista campus. Founded by former U.S. House Majority Whip Tony Coelho (LMU ’64), architect of the Americans with Disabilities Act, The Coelho Center’s inaugural event will examine disability as a driver of innovation. The keynote address, “The Disability Community, the Election and the Next Congress,” will outline a Coelho Center poll on the electoral habits of people with disabilities. Afterward, experts will anchor two panels: “Disabled Makers & Inventors: Agency in the Advancement of Disability Rights in Technology” and “Conquering Stigma: Representations of Disability in Media and Entertainment.” A Gala at the LMU main campus will follow. More information is available at www.lls.edu/coelhocenter.



 
 
 
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