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EBriefs May 31, 2019

FRIDAY, MAY 31, 2019   Ninth U.S. Circuit Court of Appeals Civil Procedure A party preserves a challenge to removal by timely moving to remand; when a plaintiff voluntarily asserts a federal claim after removal, doing so establishes federal subject-matter jurisdiction and cures any jurisdictional defect that may exist in the case. A court analyzing […]

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eBriefs May 30, 2019

THURSDAY, MAY 30, 2019   Ninth U.S. Circuit Court of Appeals Constitutional Law Montana Code Annotated §2-2-136(4) facially violates the First Amendment; although the protection of certain kinds of personal information about unelected public employees is a compelling interest, the confidentiality provision of §2-2-136(4) is not narrowly tailored to serve that interest. The Commissioner of […]

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eBriefs May 29, 2019

WEDNESDAY, MAY 29, 2019   U.S. Supreme Court Civil Procedure Neither 28 U.S.C. §1441(a) nor §1453(b) of the Class Action Fairness Act will permit removal by a third-party counterclaim defendant. Home Depot U.S.A., Inc. v. Jackson; filed May 28, 2019 http://sos.metnews.com/sos.cgi?0519//17-1471_e2p3 Cite as 2019 S.O.S. 17-1471   Constitutional Law A plaintiff’s retaliatory arrest claim fails […]

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eBriefs May 24, 2019

FRIDAY, MAY 24, 2019   California Supreme Court Criminal Law and Procedure Evidence of a defendant’s prior contentious encounters involving his victim, a law enforcement officer, as well as his comments indicating he was tired to being “harassed,” were sufficient to allow a jury to find the defendant acted with deliberate premeditation in killing the […]

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eBriefs May 23, 2019

THURSDAY, MAY 23, 2019   Ninth U.S. Circuit Court of Appeals Immigration Law A Notice to Appear that is defective under Pereira v. Sessions cannot be cured by a subsequent Notice of Hearing and therefore does not terminate the residence period required for cancellation of removal. Lopez v. Barr; filed May 22, 2019 http://sos.metnews.com/sos.cgi?0519//15-72406 Cite […]

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eBriefs May 22, 2019

WEDNESDAY, MAY 22, 2019   Ninth U.S. Circuit Court of Appeals Order Perez v. City of Roseville; filed May 21, 2019 http://sos.metnews.com/sos.cgi?0519//15-16430 Cite as 2019 S.O.S. 15-16430   California Court of Appeal Criminal Law and Procedure CALCRIM No. 361 can be issued when a testifying defendant has failed to explain or deny matters within the […]

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eBriefs May 21, 2019

TUESDAY, MAY 21, 2019   U.S. Supreme Court Bankruptcy Law A license holder presents a plausible claim for money damages arising from its inability to use a bankruptcy debtor’s trademarks pursuant to a contract that the debtor sought to reject. A debtor’s rejection of an executory contract under Bankruotcy Code §365 has the same effect […]

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eBriefs May 20, 2019

MONDAY, MAY 20, 2019   Ninth U.S. Circuit Court of Appeals Constitutional Law Racial discrimination claims under 42 U.S.C. § 1981 may be subjected to compulsory arbitration. Lambert v. Tesla, Inc.; filed May 17, 2019 http://sos.metnews.com/sos.cgi?0519//18-15203 Cite as 2019 S.O.S. 18-15203   Order Martinez-Cedillo v. Barr; filed May 16, 2019 http://sos.metnews.com/sos.cgi?0519//14-71742 Cite as 2019 S.O.S. […]

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eBrief May 17, 2019

FRIDAY, MAY 17, 2019   Ninth U.S. Circuit Court of Appeals Criminal Law and Procedure The rule of Dean v. U.S., which held that when a defendant is facing two consecutive sentences—one for a predicate offense, which does not carry a mandatory minimum sentence, and one for an offense committed under 18 U.S.C. §924(c), which […]

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eBrief May 15, 2019

WEDNESDAY, MAY 15, 2019   Ninth U.S. Circuit Court of Appeals Consumer Protection California’s Investigative Consumer Reporting Agencies Act is unconstitutionally vague as applied to tenant screening reports due to its overlap with California’s Consumer Credit Reporting Agencies Act. 15 U.S.C. § 1681c(a) permits consumer reporting of a criminal charge for only seven years following […]

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eBrief May 14, 2019

TUESDAY, MAY 14, 2019   U.S. Supreme Court Consumer Protection The broad language of §4 of the Clayton Act readily covers consumers who purchase goods or services at higher-than-competitive prices from an allegedly monopolistic retailer; the immediate buyers from the alleged antitrust violators may maintain a suit against the antitrust violators. Apple, Inc. v. Pepper; […]

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ebriefs April 16, 2019

TUESDAY, APRIL 16, 2019   Ninth U.S. Circuit Court of Appeals Civil Procedure A purported arbitral award was not entitled to enforcement under the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards where the parties had fully settled their claims before approaching an arbitrator; the purported arbitration consisted of an impromptu […]

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