(United States Ninth Circuit) - Upheld federal tax penalties imposed on a company for failing to disclose its participation in a so-called listed transaction. Affirmed summary judgment against the company's tax refund claim, unpersuaded by procedural due process and other arguments.

(California Court of Appeal) - Affirming the grant of summary judgment to Google executives in a suit brought by three shareholders bringing derivative suits alleging the corporation was harmed by executives who agreed to refrain from actively recruiting employees working for competitors, an arrangement that had been previously abandoned when it gave rise to antitrust issues with the Department of Justice, because the claim was barred by the three-year statute of limitations.

(United States Federal Circuit) - In a patent action, the International Trade Commission's limited exclusion order for the import of certain network devices by Artista Networks, Inc., for infringing 3 patents belonging to Cisco Systems while finding no infringement on 2 other patents, is affirmed where the Commission's findings were supported by substantial evidence.

(United States Fourth Circuit) - Affirming the district court's grant of a declaratory judgment to the plaintiff that it hadn't breached any contractual agreement with Korea, but refusing a permanent injunction barring Korea from suing them in Korean courts in a contract suit between a US defense contractor and Korea in a complex set of exchanges involved in upgrading the country's fighter planes.

(United States Fifth Circuit) - On rehearing of a dispute between two creditors, held that Louisiana's non-resident attachment statute allows for attachment in aid of arbitration. Further held that subject matter jurisdiction existed here under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Vacated and remanded.

(United States Seventh Circuit) - District court's granting of summary judgment and bench verdict for Defendant affirmed. Sherman Act claim fails where the only current feasible way to comply with Chicagoland area city commercial fire safety ordinances was to use an exclusive provider. Under Fisher v. City of Berkeley, government restraints on trade imposed unilaterally do not form the basis of a Section 1 or Section 2 claim.

(California Court of Appeal) - Upheld a decision of the Contractors' State License Board finding that a large contracting company violated California law by failing to obtain a building permit before replacing a boiler. Affirmed the denial of the company's writ petition.

(California Court of Appeal) - In a dispute between a homeowner and building contractors, reversed the trial court's directed verdicts and remanded.

(California Court of Appeal) - Affirmed. Plaintiff performed framing work on a commercial building owned by Defendant. Plaintiff was not paid for his work and filed a mechanic’s lien. Defendant complained of problems with some of the framing and Plaintiff performed repair work. Plaintiff filed this action to foreclose on its mechanic’s lien. The trial court granted Defendant summary judgment ruling that the mechanic’s lien was filed prematurely, before Plaintiff had ceased work. The appeals court agreed.

(California Court of Appeal) - Reversed. Plaintiff, a retired teacher, sought relief to prevent Defendant from reducing retirement benefits and to restore monies wrongfully withheld. The trial court held that Defendant was time-barred to reduce benefits and collect over payment, thus concluding that continuous accrual theory did not apply. Appeals court held the continuous accrual theory did apply, but Defendant was time barred as to over payments made more than three years before the action was filed and may adjust future monthly payments to recoup those prior over payments.

(United States Second Circuit) - Held that a medical device manufacturer did not violate the intellectual property rights of a company it hired to help automate its quality testing process. The issue involved reuse of computer source code. Affirmed a JMOL.

(United States Fifth Circuit) - Affirmed. Investors who alleged that Pier 1 Imports was a trend-based fashion retailer with inventory that carried a significant markdown risk they failed to disclose were unable to adequately plead scienter.

(United States Seventh Circuit) - Vacated and remanded. The summary judgment in a contract lawsuit over a supply contract for manufactured goods was improper because there were genuine issues of material fact.

(California Court of Appeal) - Affirmed. Plaintiff performed framing work on a commercial building owned by Defendant. Plaintiff was not paid for his work and filed a mechanic’s lien. Defendant complained of problems with some of the framing and Plaintiff performed repair work. Plaintiff filed this action to foreclose on its mechanic’s lien. The trial court granted Defendant summary judgment ruling that the mechanic’s lien was filed prematurely, before Plaintiff had ceased work. The appeals court agreed.

(United States First Circuit) - In a dispute arising out of a merger agreement in which one party agreed to indemnify the other against a purely hypothetical tax loss, involving the issue of whether the prepayments and credits, and resulting tax refunds, affect the tax indemnification obligation of the sellers, the District Court's judgment in favor of sellers is vacated and remanded for further proceedings where; 1) the indemnification provision is ambiguous as to how the tax refunds affect the indemnification obligation of the sellers; and 2) the parties' arguments about the purpose and negotiating history of the provision cannot be resolved without the aid of a fact-finder.

(United States First Circuit) - In a suit brought by a solo law practitioner alleging that defendant violated the Computer Fraud and Abuse Act (CFAA) when it issued a software license key that expired on May 31, 2011, despite the fact that he owned a permanent license to the software at issue, the district court's order adopting the magistrate judge's report and recommendation, denying plaintiff's motion to strike, and granting HSI's motion for summary judgment are affirmed where plaintiff failed to establish the necessary $75,000 amount in controversy.

(California Court of Appeal) - Affirming the grant of summary judgment to Google executives in a suit brought by three shareholders bringing derivative suits alleging the corporation was harmed by executives who agreed to refrain from actively recruiting employees working for competitors, an arrangement that had been previously abandoned when it gave rise to antitrust issues with the Department of Justice, because the claim was barred by the three-year statute of limitations.

(California Court of Appeal) - Held that employees who filed a proposed wage-hour class action were not entitled to intervene in an earlier, similar action that was being settled. Affirmed the denial of both mandatory and permissive intervention.

(California Court of Appeal) - Held that a debt collector could cure its failure to use a minimum type-size in consumer collection letters. However, this did not justify the dismissal of the entire class action complaint here. Reversed and remanded.

(United States Second Circuit) - Held that a medical device manufacturer did not violate the intellectual property rights of a company it hired to help automate its quality testing process. The issue involved reuse of computer source code. Affirmed a JMOL.

(United States Seventh Circuit) - Affirmed. A franchise's preliminary injunction against a franchisee operating a competing company was upheld in a lawsuit over the franchisee's alleged violation of franchise agreements. The district court should have included more detail regarding the likelihood of success on the merits by the movant, but there was enough to establish that the order wasn't an abuse of discretion.

(United States Seventh Circuit) - Affirmed, reversed, and remanded in part. Largely affirming the dismissal of claims alleging a conspiracy between a city and alarm companies, but reversing the dismissal of a contracts clause claim against the city.

(United States Seventh Circuit) - Vacated and remanded. The summary judgment in a contract lawsuit over a supply contract for manufactured goods was improper because there were genuine issues of material fact.

(United States Seventh Circuit) - Revived businesses' claims that they were sent unsolicited fax advertisements in violation of the federal Telephone Consumer Protection Act. Reversed a dismissal, in a case raising issues of standing to sue.

(United States Fifth Circuit) - On rehearing of a dispute between two creditors, held that Louisiana's non-resident attachment statute allows for attachment in aid of arbitration. Further held that subject matter jurisdiction existed here under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Vacated and remanded.

(United States Third Circuit) - Affirmed that a broker-dealer was required to arbitrate a customer's claim. The broker-dealer had placed a contractual clause in its agreement with an institutional customer stating that the customer must bring any claims arising out of their agreement in a particular federal court. Splitting from several other circuits on the enforceability of such forum-selection clauses, the Third Circuit held that the clause was unenforceable because it would circumvent Financial Industry Regulatory Authority (FINRA) Rule 12200. The panel therefore affirmed an order compelling the broker-dealer to submit to FINRA arbitration.

It's basically an audio-only film.

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(United States Ninth Circuit) - Remanding a case in which a Miami retirement trust obtained the stock of a company and later complained of false statements that the district court found to be puffery, forward looking, appropriately cautioned, without knowledge of their falsity, or protected by the safe harbor provision of the Private Securities Litigation Reform Act but the panel found that many of these exceptions did not apply in the given situation.

(United States Seventh Circuit) - District court's granting of summary judgment and bench verdict for Defendant affirmed. Sherman Act claim fails where the only current feasible way to comply with Chicagoland area city commercial fire safety ordinances was to use an exclusive provider. Under Fisher v. City of Berkeley, government restraints on trade imposed unilaterally do not form the basis of a Section 1 or Section 2 claim.

The ABA Journal recently published an article entitled Bar Exam Does Little to Ensure Attorney Competence, Say Lawyers in Diploma Privilege State, describing the experience in Wisconsin, the only state that currently has the “diploma privilege.”  Under the Wisconsin rules, in-state law school graduates can become licensed without taking a bar exam.  These graduates must … Continue reading The Coronavirus Crisis Provides an Opportunity to Adopt Better Systems for Licensing Lawyers than the Bar Exam →

In 44 seasons as Eaton's head coach from 1972 to 2015, Danley was 807-163-2, a Colorado-best for wins and tied for the nation's top prep winning percentage (83.1%).

For the second year in a row, the STEM School Highlands Ranch community is ending its school year amid disruption and uncertainty. Plans for community service and vigils to remember the first anniversary of the campus shooting have been traded for Zoom therapy sessions and a digital collection of acts of kindness.

Faith and a newfound sense of purpose have helped Josh Jones cope over the past year since the STEM School shooting, even as he ponders -- without answers -- why he and his friends have had to deal with this tragedy at their young age.

It's been one year since two teenage students barged into STEM School Highlands Ranch with guns, killing one student and injured eight others. 

Jamira Burley has found her calling.

TRB's Airport Cooperative Research Program (ACRP) Research Report 155: Guidebook for Advanced Computerized Maintenance Management System Integration at Airports explores the use of a Computerized Maintenance Management System (CMMS) to manage a variety of assets across a number of different airport systems. This report develops guidance on the steps necessary to implement a CMMS, factors for consideration in prioritizing which systems should be included in the CMMS using a phased approach, and the steps ...

The unmanned aircraft systems (UAS) industry is on the cutting edge of aviation innovation. Airports, including tenants and contractors, are discovering the benefits of UAS to their operations and bottom line. Yet, with the diversity of UAS applications at airports, there has been a lack of relevant industry data on this topic to inform the airport industry on current practices. The TRB Airport Cooperative Research Program's ACRP Synthesis 104: Current Landscape of Unmanned Aircraft Systems at Airports s...

As demand for air travel grows, airport-related emissions are increasing and airports are challenged to reduce associated environmental impacts. In response, expanded regulatory programs and global climate protection initiatives are being developed that require the aviation industry—including U.S. airports—to implement new, clean technologies and to modify operational practices to reduce emissions. One effective option for reducing the emissions associated with aircraft auxiliary power units (APUs) and d...

The first edition of this report, in 2009, provided a comprehensive industry reference for the management of airport deicing runoff. The second edition has been wholly updated to reflect the latest industry practices. The TRB Airport Cooperative Research Program's ACRP Research Report 14: Deicing Planning Guidelines and Practices for Stormwater Management Systems, second edition , explores a wide array of practices designed to provide for the practical, cost-effective control of runoff from aircraft and ...

The introduction of unmanned aircraft systems (UAS) has presented a wide range of new safety, economic, operational, regulatory, community, environmental, and infrastructure challenges to airports and the National Airspace System. These risks are further complicated by the dynamic and shifting nature of UAS technologies. The pre-publication draft of ACRP Research Report 212: Airports and Unmanned Aircraft Systems, Volume 1: Managing and Engaging Stakeholders on UAS in the Vicinity of Airports provides gu...

Introduction of unmanned aircraft systems (UAS) will pose safety, economic, operational, regulatory, community, environmental, and infrastructure challenges to airports. These risks are further complicated by the dynamic nature of UAS technological development. Experiences and lessons learned from recent major aviation system changes demonstrate the critical importance of ensuring that airports have the resources needed to avoid adverse impacts and maximize benefits as early as possible. This pre-publica...

Scientists published the first assessment of the impact that invasive hippos imported by drug lord Pablo Escobar are having on Colombian aquatic ecosystems. The hippos are changing the area's water quality by importing large amounts of nutrients and organic material from the surrounding landscape.

Systemic sclerosis (SSc) is an autoimmune fibrotic disease whose pathogenesis is poorly understood and lacks effective therapies. We undertook quantitative analyses of T cell infiltrates in the skin of 35 untreated patients with early diffuse SSc and here show that CD4+ cytotoxic T cells and CD8+ T cells contribute prominently to these infiltrates. We also observed an accumulation of apoptotic cells in SSc tissues, suggesting that recurring cell death may contribute to tissue damage and remodeling in this fibrotic disease. HLA-DR–expressing endothelial cells were frequent targets of apoptosis in SSc, consistent with the prominent vasculopathy seen in patients with this disease. A circulating effector population of cytotoxic CD4+ T cells, which exhibited signatures of enhanced metabolic activity, was clonally expanded in patients with systemic sclerosis. These data suggest that cytotoxic T cells may induce the apoptotic death of endothelial and other cells in systemic sclerosis. Cell loss driven by immune cells may be followed by overly exuberant tissue repair processes that lead to fibrosis and tissue dysfunction.

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I'm getting so very tired of safety/accident researchers claiming that root cause analysis is an invalid, blame-focused practice that ignores systems and complexity. Most root cause investigators that I know are pretty well oriented towards process, organization, and system issues as the fundamental sources underlying problems and accidents... and even some of our simplest analysis […]

My previous post about root causes in complex systems, in retrospect, looks a little bit like a rant. That doesn't bother me too much, really... but I wish I had included the following info: it is one way to go about resolving the mess that complex systems can make of your root cause analysis. Basically, when […]

IBM today announced that CipherHealth, a SaaS healthcare provider, has deployed IBM Power Systems™ infrastructure to run its technology platform that helps healthcare providers reduce re-admissions and improve the patient experience by providing effective patient engagement from pre-hospitalization through to post-discharge. The move to the new infrastructure has halved CipherHealth’s monthly infrastructure costs, and improved its data processing times by nearly 90 percent.