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eBriefs June 27, 2019

THURSDAY, JUNE 27, 2019   U.S. Supreme Court   Administrative Law A court should not afford Auer deference to an agency’s interpretation of a regulation unless, after exhausting all the “traditional tools” of construction, the regulation is genuinely ambiguous; if genuine ambiguity remains, the agency’s reading must still fall “within the bounds of reasonable interpretation,” […]

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eBriefs June 26, 2019

WEDNESDAY, JUNE 26, 2019   Ninth U.S. Circuit Court of Appeals Order Biel v. St. James School; filed June 25, 2019 http://sos.metnews.com/sos.cgi?0619//17-55180 Cite as 2019 S.O.S. 17-55180   California Court of Appeal Consumer Protection A determination a party engaged in a trespass to chattel in a business context does not, without more, establish that the […]

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eBriefs June 25, 2019

TUESDAY, JUNE 25, 2019   U.S. Supreme Court Criminal Law and Procedure The residual clause defining a “crime of violence,” 18 U.S.C. §924(c)(3)(B), is unconstitutionally vague; the imposition of criminal punishments cannot be made to depend on a judge’s estimation of the degree of risk posed by a crime’s imagined “ordinary case.” United States v. […]

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eBriefs June 24, 2019

MONDAY, JUNE 24, 2019   U.S. Supreme Court Criminal Law and Procedure A trial court committed a clear error in concluding that the state’s peremptory strike of a black prospective juror during a defendant’s sixth criminal trial was not motivated in substantial part by discriminatory intent where the state had tried to strike all 36 […]

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eBriefs June 21, 2019

FRIDAY, JUNE 21, 2019   U.S. Supreme Court Constitutional Law The statute of limitations on a plaintiff’s claim under 42 U.S.C. §1983 based on the defendant’s alleged fabrication of evidence against him for use in a criminal proceeding began to run after he was acquitted McDonough v. Smith; filed June 20, 2019 http://sos.metnews.com/sos.cgi?0619//18-485_g2bh Cite as […]

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eBriefs June 20, 2019

THURSDAY, JUNE 20, 2019   California Court of Appeal Consumer Protection Rejecting a settlement offer because of unfavorable terms is neither unreasonable nor a permissible ground for denying an award of attorney fees under the Song-Beverly Act. Where a party continues to litigate after receiving a settlement offer, absent a finding that failure to resolve […]

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eBriefs June 19, 2019

WEDNESDAY, JUNE 19, 2019   Ninth U.S. Circuit Court of Appeals Criminal Law and Procedure Rule 32.2(a) of the Arizona Rules of Criminal Procedure, pursuant to which the Arizona postconviction review court imposed a procedural default as to a habeas corpus petitioner’s judicial bias claim, is independent of federal law and adequate to warrant preclusion […]

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eBriefs June 18, 2019

TUESDAY, JUNE 18, 2019   U.S. Supreme Court Civil Procedure The Virginia House of Delegates lacks standing to represent the state’s interest in civil litigation challenging a redistricting plan; the house also lacked standing to challenge the plan since the House, as an institution, has no cognizable interest in the identity of its members. Virginia […]

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eBriefs June 17, 2019

MONDAY, JUNE 17, 2019   Ninth U.S. Circuit Court of Appeals Constitutional Law A 2018 presidential policy on individuals with gender dysphoria serving in the military was significantly different from a previously issued memorandum prohibiting military service by transgender persons since the policy involved a study by a panel of military experts that met 13 […]

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eBriefs June 14, 2019

FRIDAY, JUNE 14, 2019   Ninth U.S. Circuit Court of Appeals Consumer Protection A 2015 amendment to the Telephone Consumer Protection Act, excepting calls “made solely to collect a debt owed to or guaranteed by the United States,” was content-based and incompatible with the First Amendment. Duguid v. Facebook, Inc. (U.S.); filed June 13, 2019 […]

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eBriefs June 13, 2019

THURSDAY, JUNE 13, 2019 Ninth U.S. Circuit Court of Appeals Criminal Law and Procedure The Rooker-Feldman doctrine does not preclude a federal district court from exercising jurisdiction over a habeas petition filed under 28 U.S.C. §2241. A judge’s determination that manifest necessity justified a mistrial was not an exercise of sound discretion where the judge […]

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eBriefs June 12, 2019

WEDNESDAY, JUNE 12, 2019   Ninth U.S. Circuit Court of Appeals Criminal Law and Procedure A bank robber’s inadvertent placement of a closed pocket knife on the bank’s counter while pulling a plastic bag out of his pocket was not the use of a dangerous weapon for purposes of 18 U.S.C. §2113(d). United States v. […]

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