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  Tuesday, November 20, 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
Constitutional Law
A federal appeals court lacks jurisdiction to consider questions of evidentiary sufficiency as to whether a police officer used excessive force on interlocutory review. On interlocutory review, a court cannot reweigh the evidence to evaluate whether there was a genuine issue of material fact. A police officer did not violate clearly established law when he concluded that he had reasonable suspicion to stop and investigate an individual after receiving a report that a person matching the individual's description had been spotted with a gun. A reasonable officer in that position could reasonably conclude that unholstering a gun during the stop did not constitute a violation of the individual's right to be free from excessive force.

Foster v. Hellawell - filed Nov. 20, 2018
Cite as 2018 S.O.S. 17-55167
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Intellectual Property
The Lanham Act applies to expressive works only where the public interest in avoiding consumer confusion outweighs the public interest in free expression. This balance will normally not support application of the act unless the use of the mark has no artistic relevance to the underlying work whatsoever, or explicitly misleads consumers as to the source or the content of the work.

Gordon v. Drape Creative, Inc. - filed Nov. 20, 2018
Cite as 2018 S.O.S. 16-56715
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CALIFORNIA COURT OF APPEAL
Evidence Law
A trial court abused its discretion in admitting testimony from a witness who testified as to his belief that the defendant had supplied asbestos-containing materials to the plaintiff's workplace based on his review of invoices or delivery tickets since the wording on these invoices or delivery tickets constituted hearsay and he lacked personal knowledge as to who was the actual supplier of the materials.

Hart v. Keenan Properties - filed Oct. 26, 2018, publication ordered Nov. 19, 2018, First District, Div. Five
Cite as 2018 S.O.S. 5444
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Tax Law
A plaintiff who successfully prosecuted two property tax refund claims on behalf of a property owner who then lost the property to foreclosure could assert a viable unjust enrichment claim against the entity who purchased the property and paid the delinquent taxes owed on the property, in the reduced amount achieved by the plaintiff's work.

Professional Tax Appeal v. Kennedy-Wilson Holdings - filed Nov. 20, 2018, Second District, Div. Eight
Cite as 2018 S.O.S. 545
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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
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