Dear Harvey: You Are the Spark that Started the #MeToo Movement

JOANNA L. GROSSMAN

Joanna L. Grossman, law professor at SMU Dedman School of Law, reviews how disgraced Hollywood producer Harvey Weinstein started the #MeToo movement. Grossman details the origins of the #MeToo movement, particularly Weinstein’s role, and describes how Weinstein’s despicable behavior helped to illuminate and begin to address sexual misconduct not only by individuals, but throughout entire industries.

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In re: Williams-Sonoma, Inc.

Docket: 19-70522

Opinion Date: January 13, 2020

Judge: Fernandez

Areas of Law: Civil Procedure

In the underlying action, plaintiff filed suit against Williams-Sonoma for damages after he allegedly suffered from the company's alleged misrepresentations about thread count on bedding he purchased. Before a class action was certified, the district court concluded that Kentucky law governed plaintiff's claims and that Kentucky consumer law prohibited class actions. The district court then granted plaintiff's request to obtain discovery from the company for the sole purpose of helping counsel's attempt to find a California purchaser of bedding from Williams-Sonoma who might be willing to sue. The Ninth Circuit granted Williams-Sonoma's petition for writ of mandamus and ordered the district court to vacate a pre-class-certification discovery order that directed Williams-Sonoma to produce a list of California customers who had purchased certain bedding products. Applying the Bauman v. U.S. Dist. Court, 557 F.2d 650, 656-661 (9th Cir. 1977), factors, the panel held that the district court clearly erred as a matter of law when it ordered the discovery in question. In this case, the first two Bauman factors weigh in favor of granting the petition, because Williams-Sonoma has no other adequate means to obtain relief at this time. Furthermore, before a direct appeal could be taken and heard, the disclosure and damage to its (and its customers') interests would be complete. The panel held that the balance of factors weighed in favor of granting the writ and vacated the district court's discovery order.

Jauregui-Cardenas v. Barr

Docket: 16-71309

Opinion Date: January 13, 2020

Judge: Whaley

Areas of Law: Criminal Law, Immigration Law

A conviction under California Penal Code 114 is not an aggravated felony or a crime involving moral turpitude under the Immigration and Nationality Act. The Ninth Circuit granted a petition for review of the BIA's decision concluding that petitioner was ineligible for cancellation of removal due to her conviction under section 114. The panel used the categorical approach to determine whether the California statute categorically quaifies as an aggravated felony. The necessary elements for conviction under section 114 are: (1) the use; (2) of a false document; (3) to conceal citizenship or alien status; (4) with specific intent. The panel compared these elements with the federal definition of an aggravated felony and held that the California statute cannot be a match to the federal offense because it includes documents, such as fake drivers' licenses, that are not enumerated in the description of the federal crime. Furthermore, the state statute was not divisible. The panel also held that section 114 did not constitute a crime involving moral turpitude because, under the categorical approach, section 114 does not require fraudulent intent. Therefore, the panel held that the BIA erred in holding that petitioner's state conviction precluded her from consideration of cancellation of removal. Accordingly, the panel remanded for further proceedings.