LACBA Daily eBriefs, October 25, 2022

The following caselaw summaries are provided as a courtesy to Los Angeles County Bar Association members by the Metropolitan News-Enterprise www.metnews.com. Image removed by sender.NINTH U.S. CIRCUIT COURT OF APPEALS Criminal Law and Procedure 18 U.S.C. §3663(a)(3) grants statutory authority to district courts to award restitution whenever a defendant agrees in a plea agreement to pay restitution. In re Doe v. U.S. - filed Oct. 25, 2022 Cite as 2022 S.O.S. 22-70098 Full text click here > Constitutional Law A district court did not abuse its discretion in reducing the attorney fees and costs payable to a serial Americans with Disabilities Act plaintiff given the routine nature of the work performed by the plaintiff’s attorneys, the lack of meaningful opposition by the defendants and the repetitive nature of high-frequency ADA litigation. Shayler v. 1310 PCH - filed Oct. 24, 2022 Cite as 2022 S.O.S. 21-56130 Full text click here > Torts The Communications Decency Act shielded a social media platform from liability for user-posted content. 47 U.S.C. §230(c)(1) immunity does not apply to child sex trafficking claims if the conduct underlying the claim also violates 18 U.S.C. § 1591; the availability of this immunity exception is contingent upon a plaintiff proving that a defendant-website’s own conduct—rather than its users’ conduct—resulted in a violation of §1591. Does v. Reddit - filed Oct. 24, 2022 Cite as 2022 S.O.S. 21-56293 Full text click here > Criminal Law and Procedure A district court did not clearly err in finding a defendant qualified as an organizer or leader of the criminal conspiracy under USSG §3B1.1(c) where he had the necessary influence and ability to coordinate the behavior of others so as to achieve a desired criminal result, and his recruitment efforts were indicative of his playing a leadership or central organizational role in a conspiracy. U.S. v. Kabir - filed Oct. 24, 2022 Cite as 2022 S.O.S. 21-50141 Full text click here > Image removed by sender.CALIFORNIA COURT OF APPEAL Contracts The standard for prevailing party status under Code of Civil Procedure §1032 does not govern the prevailing party analysis for purposes of attorney fees pursuant to Civil Code §8800. Vought Construction v. Stock - filed Oct. 24, 2022, Fourth District, Div. Four Cite as 2022 S.O.S. 5390 Full text click here > Employment An employer did not meet its burden to show that there was no triable issue of material fact regarding an employee’s claim for unpaid wages where the employer could and did track the exact time in minutes that an employee worked each shift and those records showed that the employee was not paid for all the time he worked because of the employer’s quarter-hour rounding policy.