inc Frederking v Cincinnati Ins. Co By feeds.findlaw.com Published On :: 2019-07-02T08:00:00+00:00 (United States Fifth Circuit) - Reverse and remand. Defendant advanced the theory that its insurance policy did not cover injuries caused by drunk driving collisions, because they are not “accidents”. The trial court granted summary judgment to Defendant, insurance company, stating that the intentional decision to drive while intoxicated meant the collision was not an accident. The appeals court held that there was nothing in Texas law that would construe the term “accident” in the manner put forth by the Defendant. Full Article Injury & Tort Law Insurance Law
inc American Homeland Title Agency, Inc. v. Robertson By feeds.findlaw.com Published On :: 2019-07-15T08:00:00+00:00 (United States Seventh Circuit) - Affirmed. A company found, during a random audit by the Indiana Department of Insurance, to have committed hundreds of regulatory violations that entered into an agreement to pay a fine and relinquish its licenses could not subsequently sue the Department's commissioner alleging discrimination for their out-of-state residency without providing a valid reason to void the agreement. Full Article Civil Procedure Insurance Law Banking Law Administrative Law
inc Adhav v. Midway Rent A Car, Inc By feeds.findlaw.com Published On :: 2019-07-24T08:00:00+00:00 (California Court of Appeal) - Affirmed. Plaintiff brought a class action against Defendant alleging Insurance Code violations and unfair business practices for the insurance rates Defendant charged in its car rental business. The trial court found no illegal or fraudulent business practice or any economic injury. Judgment was entered in favor of the Defendant. Full Article Insurance Law Class Actions Commercial Law
inc Kelly v. Honeywell Int’l, Inc. By feeds.findlaw.com Published On :: 2019-08-07T08:00:00+00:00 (United States Second Circuit) - Affirmed. Collective bargaining agreement contains unambiguous language vesting welfare benefits and there is a sufficiently serious question as to whether retirees were entitled to lifetime medical coverage. District court’s grant of summary judgement in favor of union retirees is affirmed. Full Article Insurance Law
inc Capsco Industries, Inc. v. Ground Control, LLC By feeds.findlaw.com Published On :: 2019-08-12T08:00:00+00:00 (United States Fifth Circuit) - Affirmed. A subcontractor did not owe a duty to indemnify a company for its expenditures in labor and materials in a construction project. Full Article Civil Procedure Insurance Law Construction Contracts
inc Landmark American Insurance Co. v. Deerfield Construction, Inc. By feeds.findlaw.com Published On :: 2019-08-12T08:00:00+00:00 (United States Seventh Circuit) - Affirmed. An insurer that did not receive timely notice of an accident could not be compelled to provide coverage. Full Article Insurance Law Civil Procedure
inc Southern Hens, Inc. v. Occupational Safety and Health Review Commission By feeds.findlaw.com Published On :: 2019-07-18T08:00:00+00:00 (United States Fifth Circuit) - Petition denied. A company's petition for review of an administrative law judge's finding of violations and imposition of a monetary penalty against a poultry processing plant following a worker injury was upheld. Full Article Civil Procedure Labor & Employment Law Administrative Law
inc National Labor Relations Board v. Ingredion Inc. By feeds.findlaw.com Published On :: 2019-07-19T08:00:00+00:00 (United States DC Circuit) - Petition denied. The petition for review of a National Labor Relations Board decision was supported by substantial evidence and contentions that the Board violated due process and improperly imposed a notice-reading remedy were without merit. Full Article Labor & Employment Law Administrative Law
inc Tatum v. Southern Company Services, Inc. By feeds.findlaw.com Published On :: 2019-07-22T08:00:00+00:00 (United States Fifth Circuit) - Affirmed. The district court's dismissal of claims for interference and retaliation in violation of the Family and Medical Leave Act in the case of a man reprimanded for swearing, quoting the bible, and generally being abrasive in colleague interactions. Full Article Civil Procedure Labor & Employment Law
inc Wilson v. Cable News Network, Inc. By feeds.findlaw.com Published On :: 2019-07-22T08:00:00+00:00 (Supreme Court of California) - Affirmed in part and reversed in part. Plaintiff filed suit for employment discrimination, retaliation and defamation. Defendant filed an anti—SLAPP motion, Code of Civil Procedure section 425.16. The Supreme court held that the anti-SLAPP statute is applicable to the claims of discrimination and retaliation, but not to the defamation cause of action because it was not made in connection with any issue of public significance. Full Article Labor & Employment Law Civil Rights Civil Procedure
inc L'Chaim House, Inc. v. Div. of Labor Standards Enforcement By feeds.findlaw.com Published On :: 2019-07-31T08:00:00+00:00 (California Court of Appeal) - Affirmed. Plaintiff was cited for wage and hour violations. Plaintiff contended that it could require its employees to work “on-duty” meal periods less than 30 minutes. The appeals court found that an employer must provide meal periods of at least 30 minutes regardless of whether they are on-duty or off-duty. Full Article Labor & Employment Law Administrative Law
inc Lacayo v. Catalina Restaurant Group Inc. By feeds.findlaw.com Published On :: 2019-08-01T08:00:00+00:00 (California Court of Appeal) - Dismissed part of appeal and affirmed part. Plaintiff filed a class action complaint against Defendant alleging wage and hour violations and a unfair competition law claim (UCL). Defendants sought to compel arbitration. The trial court granted Defendant’s motion as to Plaintiffs individual claims, allowed the arbitrator to decide the class action claims, and denied the motion as to the UCL claim. The appeals court found that the motion that granted arbitration could not be appealed and found no error in the denial of arbitration for the UCL claim. Full Article Commercial Law Dispute Resolution & Arbitration Labor & Employment Law
inc Clifford v. Quest Software Inc. By feeds.findlaw.com Published On :: 2019-08-14T08:00:00+00:00 (California Court of Appeal) - Reversed order denying Defendant’s motion to compel arbitration. Plaintiff filed a complaint against his employer for unfair competition under the Business and Professions Code section 17200 and also brought wage and hour claims. The Defendant moved to compel arbitration. The trial court granted arbitration for all claims, but for the unfair competition claim. The appeals court held that the unfair competition claim could also be subject to arbitration. Full Article Dispute Resolution & Arbitration Labor & Employment Law Consumer Protection Law
inc Valtierra v. Medtronic Inc. By feeds.findlaw.com Published On :: 2019-08-20T08:00:00+00:00 (United States Ninth Circuit) - Affirmed. The panel held that even if Plaintiff’s obesity were an impairment under the ADA, or he suffered from a disabling knee condition, he could not show a causal relationship between these impairments and his termination. Summary judgement in favor of the defendant affirmed. Full Article Labor & Employment Law
inc Glovis America, Inc. v. County of Ventura By feeds.findlaw.com Published On :: 2018-10-10T08:00:00+00:00 (California Court of Appeal) - Held that a vehicle inspection company that leased land from the U.S. Navy failed to demonstrate that county tax authorities overvalued its leasehold interest by assuming that the lease would be extended beyond its original term. Affirmed the dismissal of the taxpayer's suit seeking a tax refund. Full Article Property Law & Real Estate Military Law Tax Law
inc MCI Communications Services, Inc. v. California Department of Tax and Fee Administration By feeds.findlaw.com Published On :: 2018-10-24T08:00:00+00:00 (California Court of Appeal) - Affirmed the dismissal of a telecommunication company's lawsuit seeking a refund of California sales and use taxes. Held that the tax exclusion for telephone lines does not extend to pre-installation component parts that may one day be incorporated into completed telephone systems. Full Article Tax Law Communications Law
inc Professional Tax Appeal v. Kennedy-Wilson Holdings, Inc. By feeds.findlaw.com Published On :: 2018-11-20T08:00:00+00:00 (California Court of Appeal) - Reinstated an unjust enrichment claim brought by a tax specialist that had helped a landowner reduce delinquent property taxes. Held that a foreclosure sale purchaser of the land had reason to know that the tax specialist had a contractual interest in a percentage of the tax refund. Reversed dismissal of the tax specialist's unjust enrichment claim against the foreclosure sale purchaser. Full Article Contracts Tax Law Property Law & Real Estate
inc SummerHill Winchester LLC v. Campbell Union School District By feeds.findlaw.com Published On :: 2018-12-20T08:00:00+00:00 (California Court of Appeal) - Affirmed that a school district failed to take the proper steps to enact a fee on new residential development within the district to fund the construction of school facilities. Held that the fee study did not contain the data required to properly calculate a development fee. Full Article Education Law Tax Law Construction
inc Freedom Path, Inc. v. Internal Revenue Service By feeds.findlaw.com Published On :: 2019-01-16T08:00:00+00:00 (United States Fifth Circuit) - Held that an organization lacked standing to bring a facial challenge to an Internal Revenue Service test for determining certain tax liabilities. The conservative issue-advocacy organization contended that the test was unconstitutionally vague. Full Article Tax Law Civil Procedure Constitutional Law
inc Harmony Gold U.S.A., Inc. v. County of Los Angeles By feeds.findlaw.com Published On :: 2019-01-30T08:00:00+00:00 (California Court of Appeal) - Held that a property owner could not proceed with a lawsuit seeking to recover tax overpayments. Affirmed a dismissal, in a case involving the determination of the real property's base-year value, a core metric for assessing property taxes in California. Full Article Tax Law
inc Advanced Building and Fabrication Inc. v. Ayers By feeds.findlaw.com Published On :: 2019-03-13T08:00:00+00:00 (United States Ninth Circuit) - Held that an employee of the California State Board of Equalization violated clearly established law by participating in law enforcement's execution of a search warrant at the business premises of a man with whom he had a recent altercation. Affirmed the denial of his motion seeking qualified immunity in this lawsuit alleging civil rights and tort claims. Full Article Government Law Tax Law Constitutional Law
inc Washington State Dept. of Licensing v. Cougar Den, Inc. By feeds.findlaw.com Published On :: 2019-03-19T08:00:00+00:00 (United States Supreme Court) - This case involved the State of Washington's tax on fuel importers who travel by public highway. The Yakama Nation contended that its 1855 treaty with the United States forbids that tax from being imposed upon fuel importers who are tribal members. The U.S. Supreme Court agreed with the tribe. Justice Breyer's plurality opinion was joined by only two other justices. Justices Gorsuch and Ginsburg concurred in the judgment. Full Article Tax Law Oil and Gas Law Indian Law
inc Interior Glass Systems, Inc. v. US By feeds.findlaw.com Published On :: 2019-06-26T08:00:00+00:00 (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. Full Article Tax Law
inc Nguyen v. Nissan North America, Inc. By feeds.findlaw.com Published On :: 2019-07-26T08:00:00+00:00 (United States Ninth Circuit) - Reversed. District court’s denial of plaintiff’s motion for class certification met the predominance requirement of FRCP 23(b)(3). Plaintiff’s proposed damages model was consistent with his theory of liability, where cost-of-repair damages could be used in claims arising from a defective hydraulic clutch system. Full Article Civil Procedure Tax Law
inc Amazon.com, Inc. v. CRI By feeds.findlaw.com Published On :: 2019-08-16T08:00:00+00:00 (California Court of Appeal) - Affirmed. Amazon filed a petition challenging the IRS’s valuation of assets. The panel concluded that the definition of “intangible” does not include residual-business assets, and that the definition is limited to independently transferrable assets. Full Article Tax Law
inc Radcliffe v. Experian Information Solutions, Inc. By feeds.findlaw.com Published On :: 2016-03-28T08:00:00+00:00 (United States Ninth Circuit) - In an ethics and professional responsibility action, arising out of a dispute between class plaintiffs over conflicts of interest among class counsel, the district court's rejection of the motion to disqualify counsel is affirmed where California does not apply a rule of automatic disqualification for conflicts of simultaneous representation in the class action context and the district court did not abuse its discretion in determining that counsel will adequately represent the class. Full Article Class Actions Ethics & Professional Responsibility Consumer Protection Law
inc Trzaska v. L'Oreal USA, Inc. By feeds.findlaw.com Published On :: 2017-07-25T08:00:00+00:00 (United States Third Circuit) - Reversing the pre-discovery dismissal of a wrongful termination claim filed by an in-house patent attorney against their former employer, L'Oreal, alleging that he was terminated for his refusal to violate ethical rules on their behalf because, as the court put it, his allegations were more than skin-deep. Full Article Civil Procedure Labor & Employment Law Ethics & Professional Responsibility
inc Diaz v. Professional Community Management, Inc. By feeds.findlaw.com Published On :: 2017-11-08T08:00:00+00:00 (California Court of Appeal) - Concluding that a defendant and their counsel unilaterally created an appeal-able order by making a motion in bad faith with the intention of creating a series of appeals that would forestall and damage the ability to proceed to trial and affirmed the denial of a motion to compel arbitration filed 11 days before the scheduled trial on its merits and imposing monetary sanctions on the defense an counsel for bringing a frivolous appeal. Full Article Civil Procedure Ethics & Professional Responsibility Dispute Resolution & Arbitration
inc Sheppard, Mullin, Richter and Hampton, LLP v. J-M Manufacturing Co., Inc. By feeds.findlaw.com Published On :: 2018-08-30T08:00:00+00:00 (Supreme Court of California) - Held that a dispute over legal fees should not have been submitted to arbitration because the arbitration clause in the parties' agreement was unenforceable. A law firm recovered its outstanding fees through arbitration after it was disqualified from a case due to a conflict of interest. On review, however, the California Supreme Court held that the matter should never have been arbitrated because the law firm's failure to disclose a known conflict rendered its agreement with its client, including the arbitration clause, unenforceable as against public policy. The high court also held that the conflicts waiver the client signed was ineffective. Full Article Dispute Resolution & Arbitration Ethics & Professional Responsibility Attorney's Fees
inc Bridgepoint Construction Services, Inc. v. Newton By feeds.findlaw.com Published On :: 2018-09-04T08:00:00+00:00 (California Court of Appeal) - Affirmed an order disqualifying an attorney from representing a client due to a conflict of interest. The attorney argued that there was no conflict, but the California Second Appellate District concluded otherwise. The panel stated that when an attorney represents more than one client, all of whom seek damages from a pool of money controlled by another party, the conflict is self-evident: there might not be enough money to satisfy each client's claim. Full Article Ethics & Professional Responsibility
inc Council Tree Investors Inc. v. FCC By feeds.findlaw.com Published On :: 2017-07-13T08:00:00+00:00 (United States Third Circuit) - Denying a petition to review an FCC order allowing the limitation of bidding credits available to 'designated entities' in the bidding process for electromagnetic spectrum licenses since the decision was not arbitrary, an abuse of discretion, or otherwise contrary to the law. Full Article Commercial Law Media Law Communications Law Antitrust & Trade Regulation
inc Abbey House Media, Inc. v. Simon & Schuster, Inc. By feeds.findlaw.com Published On :: 2017-07-17T08:00:00+00:00 (United States Second Circuit) - Affirming the district court's grant of summary judgment that although Apple and a group of major publishers committed an unlawful antitrust conspiracy there was no antitrust injury that resulted. Full Article Media Law Antitrust & Trade Regulation
inc Diesel eBooks, LLC v. Simon & Schuster, Inc. By feeds.findlaw.com Published On :: 2017-07-17T08:00:00+00:00 (United States Second Circuit) - Affirming the district court's grant of summary judgment that although Apple and a group of major publishers committed an unlawful antitrust conspiracy there was no antitrust injury that resulted. Full Article Media Law Antitrust & Trade Regulation
inc Disney Enterprises, Inc. v. Vidangel, Inc. By feeds.findlaw.com Published On :: 2017-08-24T08:00:00+00:00 (United States Ninth Circuit) - Affirming a preliminary injunction against a company whose business involved purchasing physical copies of copyrighted movie and television shows, censoring objectionable content, and then ripping digital copies of their edited versions to stream to customers because the Family Movie Act and the anti-circumvention provision of the Digital Millennium Copyright Act did not permit the defendant's activities. Full Article Intellectual Property Copyright Civil Procedure Media Law
inc Facebook Inc. v. Touchstone By feeds.findlaw.com Published On :: 2017-09-26T08:00:00+00:00 (California Court of Appeal) - Granting a petition for writ of mandate in the case of a criminal defendant awaiting trial on the charge of attempted murder who sought the Facebook posts of the victim directing the respondent superior court to vacate its order denying Facebook's motion to quash subpeonas duces tecum and vacate order allowing subpeona duces tecum and enter a new order granting the petitioner's motion because the Stored Communications Act prohibits electronic communications service providers from knowingly divulging the contents of a communication and no exception applied. Full Article Criminal Law & Procedure Media Law Communications Law
inc Yelp, Inc. v. Superior Court of Orange County By feeds.findlaw.com Published On :: 2017-11-13T08:00:00+00:00 (California Court of Appeal) - Affirming the trial court's ruling that Yelp lacked standing to assert the First Amendment rights of an anonymous reviewer whose identity was sought in connection with a defamation claim, finding no error in the determination that the plaintiff made a prima facie showing that the comments made by this person were defamatory, and concluding that this finding was sufficient to support the court order compelling the production of subpeonaed documents, for which reason the petition for writ of mandate was denied, but also finding the opposition to the motion to compel was substantially justified and reversing the order of sanctions against Yelp. Full Article Civil Procedure Sanctions Constitutional Law Media Law
inc Crime Justice and America, Inc. v. Honea By feeds.findlaw.com Published On :: 2017-11-29T08:00:00+00:00 (United States Ninth Circuit) - Affirming the district court's judgment in favor of the defense and its denial of plaintiff motions to reopen discovery and for relief from judgment in an action challenging a jail's policy prohibiting the delivery of unsolicited commercial mail to inmates because the ban related to legitimate penological objectives and arguments supporting the plaintiff's appeals had been abandoned. Full Article Constitutional Law Media Law
inc Eichenberger v. ESPN, Inc. By feeds.findlaw.com Published On :: 2017-11-29T08:00:00+00:00 (United States Ninth Circuit) - Affirming the district court dismissal of an action alleging that ESPN gave away personally identifiable information in violation of the Video Privacy Protection Act by giving Adobe Analytics the plaintiff's Roku device serial number and identifying videos he watched through an ESPN app, rejecting ESPN's contention that the plaintiff lacked standing because every disclosure of personally identifiable information provides standing, but holding that an ordinary person couldn't use the information to identify an individual. Full Article Consumer Protection Law Media Law
inc Alpine PCS, Inc. v. US By feeds.findlaw.com Published On :: 2018-01-02T08:00:00+00:00 (United States Federal Circuit) - Affirming the dismissal of a wireless company's complaints for lack of jurisdiction under the Tucker Act in the case of a company whose failure to pay for spectrum licenses resulted in their automatic cancellation by the FCC because the Communications Act provided a comprehensive statutory scheme to raise contract claims, which foreclosed Tucker Act jurisdiction. Full Article Constitutional Law Media Law Communications Law Contracts
inc Fox News Network, LLC v. TVEyes, Inc. By feeds.findlaw.com Published On :: 2018-02-27T08:00:00+00:00 (United States Second Circuit) - Reversing a district court order finding fair use in the case of a company that enables clients to view and distribute ten-minute clips of television and radio programs produced by others because whether or not the snippets served a transformational purpose the provision of virtually all of Fox's copyrighted content deprived Fox of copyright revenue and could not be justified as fair use. Full Article Media Law Communications Law Intellectual Property Copyright
inc Verisign, Inc. v. XYZ.com LLC By feeds.findlaw.com Published On :: 2018-05-29T08:00:00+00:00 (California Court of Appeal) - Vacating a district court's denial of a motion for attorney fees and remanding for consideration under the appropriate legal and evidentiary standards in a Lanham Act case in a suit relating to internet domain registry services because the district court required clear and convincing evidence of an exceptional case, rather than the Act's preponderance of the evidence standard. Full Article Media Law Civil Procedure Attorney's Fees Communications Law
inc Verisign, Inc. v. XYZ.com LLC By feeds.findlaw.com Published On :: 2018-05-29T08:00:00+00:00 (United States Fourth Circuit) - Vacating a district court's denial of a motion for attorney fees and remanding for consideration under the appropriate legal and evidentiary standards in a Lanham Act case in a suit relating to internet domain registry services because the district court required clear and convincing evidence of an exceptional case, rather than the Act's preponderance of the evidence standard. Full Article Media Law Civil Procedure Attorney's Fees Communications Law
inc National Conference of Black Mayors v. Chico Community Publishing, Inc. By feeds.findlaw.com Published On :: 2018-07-25T08:00:00+00:00 (California Court of Appeal) - Affirmed an order denying attorney's fees to a newspaper that had been forced to litigate over its request for public records. The newspaper argued that it was entitled to reasonable attorney's fees under the California Public Records Act. However, the Third Appellate District disagreed, holding that the Act does not allow for an award of attorney fees when the requester litigates against an officer of a public agency in a mandamus action that the officer initiated to keep the public agency from disclosing records it agreed to disclose. Full Article Attorney's Fees Media Law Government Law
inc Anderson News, L.L.C. v. American Media, Inc. By feeds.findlaw.com Published On :: 2018-08-06T08:00:00+00:00 (United States Second Circuit) - Affirmed that magazine publishers did not violate antitrust laws by trying to drive a wholesaler out of business. The wholesaler delivered magazines to retail stores and it alleged that when it tried to impose a surcharge on the publishers in 2009, they conspired to boycott and drive the wholesaler out of business. On appeal, the Second Circuit found that the wholesaler had presented insufficient evidence of a boycott scheme to survive summary judgment. The panel also affirmed summary judgment against the publishers' counterclaims. Full Article Media Law Antitrust & Trade Regulation
inc National Association of African American-Owned Media v. Charter Communications, Inc. By feeds.findlaw.com Published On :: 2018-11-19T08:00:00+00:00 (United States Ninth Circuit) - Held that an African American-owned operator of television networks sufficiently pleaded a claim that a cable television operator refused to enter into a carriage contract based on racial bias, in violation of 42 U.S.C. section 1981. Also, the section 1981 claim was not barred by the First Amendment. On interlocutory appeal, affirmed denial of a motion to dismiss. Full Article Entertainment Law Media Law Civil Rights
inc Olive v. General Nutrition Centers, Inc. By feeds.findlaw.com Published On :: 2018-12-27T08:00:00+00:00 (California Court of Appeal) - On rehearing, held that a professional model and actor was not entitled to recover his attorney fees after being awarded damages against an advertiser that used his likeness in an advertising campaign after its right to do so expired. Affirmed the trial court. Full Article Attorney's Fees Media Law Injury & Tort Law
inc Applied Underwriters, Inc. v. Lichtenegger By feeds.findlaw.com Published On :: 2019-01-15T08:00:00+00:00 (United States Ninth Circuit) - Affirmed the dismissal of a trademark infringement lawsuit brought by a financial services company, holding that the use of its trademarks by a publishing company constituted nominative fair use. Full Article Media Law Trademark Intellectual Property
inc Judicial Watch, Inc. v. US Department of Defense By feeds.findlaw.com Published On :: 2019-01-25T08:00:00+00:00 (United States DC Circuit) - In a Freedom of Information Act case, held that the presidential communications privilege barred disclosure of five memoranda memorializing advice to President Obama about a military strike on Osama bin Laden's compound in Pakistan. Affirmed a summary judgment ruling. Full Article Media Law Military Law
inc National Association of African American-Owned Media v. Charter Communications, Inc. By feeds.findlaw.com Published On :: 2019-02-04T08:00:00+00:00 (United States Ninth Circuit) - In an amended opinion, held that an African American-owned operator of television networks sufficiently pleaded that a cable television operator unlawfully refused to enter into a carriage contract based on racial bias, in violation of 42 U.S.C. section 1981. Affirmed denial of a motion to dismiss, on interlocutory appeal. Full Article Media Law Civil Rights Communications Law
inc US v. AT&T, Inc. By feeds.findlaw.com Published On :: 2019-02-26T08:00:00+00:00 (United States DC Circuit) - Held that the federal government could not block a proposed merger between AT&T and Time Warner. The government had sued to enjoin the vertical merger on the basis that it would have anticompetitive effects. However, the D.C. Circuit agreed with the district court's conclusion that the government's evidence was insufficient, and affirmed the denial of a permanent injunction. Full Article Media Law Communications Law Antitrust & Trade Regulation