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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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eBriefs April 4, 2019

U.S. Supreme Court Criminal Law and Procedure The rule of Baze v. Rees and Glossip v. Gross govern all Eighth Amendment challenges, whether facial or as-applied, alleging that a method of execution inflicts unconstitutionally cruel pain. Bucklew v. Precythe; filed April 1, 2019 http://sos.metnews.com/sos.cgi?0419//17-8151_new_0pm1 Cite as 2019 S.O.S. 17-8151 Social Security A vocational expert’s refusal […]

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Term Law Clerk

The court is seeking well qualified applicants for a full-time, Term Law Clerk position in our Bakersfield office. The incumbent will support U.S. Magistrate Judge Jennifer L. Thurston by conducting extensive research and writing on prisoner petitions of Habeas Corpus and a wide range of other issues arising in non-prisoner civil litigation. The incumbent also […]

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