la University of Utah v. Max-Planck-Gesellschaft By feeds.findlaw.com Published On :: 2013-08-19T08:00:00+00:00 (United States Federal Circuit) - In suit to correct inventorship of the "Tuschl Patents," the district court's denial of defendants' motion to dismiss is affirmed, where: 1) the district court did not err in ruling that this is not a dispute between States falling within the exclusive original jurisdiction of the Supreme Court; 2) plaintiff was free to choose between filing this suit in the Supreme Court and filing in federal district court; and 3) the University of Massachusetts is not an indispensable party. Full Article Civil Procedure Constitutional Law Education Law Intellectual Property Trade Secrets
la Altavion, Inc. v. Konica Minolta Systems Laboratory By feeds.findlaw.com Published On :: 2014-05-08T08:00:00+00:00 (California Court of Appeal) - Judgment for plaintiff finding that defendant had misappropriated plaintiff's trade secrets regarding its digital stamping technology (DST), which was disclosed to defendant during negotiations pursuant to Non-Disclosure Agreement, is affirmed, where: 1) plaintiff did not fail to adequately identify its trade secrets; 2) the trial court did not err in its identification of the misappropriated trade secrets; 3) ideas are protectable as trade secrets; 4) design concepts underlying plaintiff's DST constitute protectable "information"; 5) substantial evidence supports the trial court's finding that plaintiff's DST design concepts had independent economic value and the finding that defendant misappropriated plaintiff's trade secrets; 6) the trial court properly based its damages award on the reasonable royalty measure of damages, and did not err in awarding prejudgment interest; and 7) defendant has not demonstrated the trial court abused its discretion in basing its fee award on local hourly rates or shown the hourly rates employed by the trial court were unreasonable. Full Article Attorney's Fees Contracts Intellectual Property Trade Secrets
la Parrish v. Latham & Watkins By feeds.findlaw.com Published On :: 2014-08-27T08:00:00+00:00 (California Court of Appeal) - In this malicious prosecution action brought by plaintiffs against defendant-attorneys, order granting defendants' anti-SLAPP motion and order granting defendant its attorney fees and costs are reversed, where: 1) the Code of Civil Procedure section 340.6 is not the appropriate statute of limitations for a malicious prosecution action; and 2) plaintiffs have presented sufficient evidence that they otherwise have a probability of prevailing. Full Article Attorney's Fees Intellectual Property Trade Secrets
la Sam makes a splash in diving world By www.dailytelegraph.com.au Published On :: Sun, 17 Jul 2016 23:58:00 GMT Sam Fricker only took up diving “seriously” three years’ ago, but he’s already a star of the sport. Full Article
la These ladies really take the cake By www.dailytelegraph.com.au Published On :: Thu, 30 Jun 2016 22:01:00 GMT ELECTION day is tomorrow and members of the Ourimbah Hospital Auxiliary have really raised a sweat. Full Article
la Wicks claims Robertson victory By www.dailytelegraph.com.au Published On :: Wed, 06 Jul 2016 05:01:00 GMT THE WAITING is over for voters in the marginal seat of Robertson, with Liberal MP Lucy Wicks claiming victory three days after election day, despite an evident swing to Labor. Full Article
la Kiebala v. Boris By feeds.findlaw.com Published On :: 2019-07-01T08:00:00+00:00 (United States Seventh Circuit) - Affirmed. The district court did not err in permitting a self represented defendant to amend his complaint to avoid dismissal or in holding that a libel complaint is barred by the statute of limitations in a lawsuit relating to a luxury auto timeshare scheme. Full Article Civil Procedure Injury & Tort Law
la Neto v Atlantic Specialty Ins. Co By feeds.findlaw.com Published On :: 2019-07-02T08:00:00+00:00 (United States Fifth Circuit) - Affirmed. Plaintiff was a passenger in an automobile that was involved in an accident. He was not a party to the insurance policy that covered the car, but was an unnamed additional insured. Plaintiff attempted to contact Defendant, the insurer of the car, but was unsuccessful. Plaintiff then reached his own settlement with at-fault driver of the other car. Defendant refused to agree to the settlement and denied coverage to Plaintiff stating that under the terms of the policy, Plaintiff had to have approval from them before settling. The trial court found that Plaintiff was not a party to the insurance contract, did not know the terms of the policy and could not be held to those terms. Full Article Injury & Tort Law Insurance Law
la Clark v. River Metals Recycling, LLC By feeds.findlaw.com Published On :: 2019-07-02T08:00:00+00:00 (United States Seventh Circuit) - Affirmed. The district court's grant of summary judgment to defendants in a workplace injury case where the worker sued the manufacturer of a car crusher and the company it leased it to rather than his employer claiming defective design because his evidence did not comply with Federal Rule of Evidence 702. Full Article Civil Procedure Injury & Tort Law Evidence
la Chen v. LA Truck Centers, LLC. By feeds.findlaw.com Published On :: 2019-07-22T08:00:00+00:00 (Supreme Court of California) - Reversed. Plaintiffs brought a tort action against Defendants for a fatal tour bus accident that occurred in Arizona. The parties originally included plaintiffs from China and defendants from Indiana and California. The trial court determined that Indiana law governed the suit. Before trial a settlement was reached with the Indiana defendant. A Motion in Limine was brought to reconsider the choice of law because of the settlement. The Supreme Court held that a settlement did not require the trial to reconsider the choice of law. Full Article Transportation Civil Procedure Injury & Tort Law
la Huckey v. City of Temecula By feeds.findlaw.com Published On :: 2019-07-26T08:00:00+00:00 (California Court of Appeal) - Affirmed. The trial court granted City's motion for summary judgment. Plaintiff sued City for injuries from tripping and falling over a defective sidewalk. The trial court ruled that the defect was trivial as a matter of law. Full Article Government Law Injury & Tort Law
la Voris v. Lampert By feeds.findlaw.com Published On :: 2019-08-15T08:00:00+00:00 (Supreme Court of California) - Affirmed. Plaintiff successfully brought an action against Defendant for contract-based and statutory remedies for nonpayment of wages. On appeal Plaintiff sought to hold Defendant personally liable under a theory of common law conversion. The appeals court held that such a conversion claim is not the appropriate remedy. Full Article Injury & Tort Law Labor & Employment Law Contracts
la Moore v. LA Department of Public Safety By feeds.findlaw.com Published On :: 2019-08-19T08:00:00+00:00 (United States Fifth Circuit) - Reversed. The substitution of the guardians of the children of a deceased man discovered a year after the filing of a wrongful death action by his mother was proper despite the substitution occurring after the statutory limitations period. The substitution relates back to the date of the initial complaint. Full Article Civil Procedure Injury & Tort Law
la Maalouf v. Islamic Republic of Iran By feeds.findlaw.com Published On :: 2019-05-10T08:00:00+00:00 (United States DC Circuit) - Held that the district court should not have sua sponte raised a statute of limitations defense to defeat a terrorism lawsuit against the Islamic Republic of Iran, which had failed to make an appearance in the case. The suit alleged that Iran was involved in terrorist bombings in the 1980s and 1990s that killed or injured the plaintiffs' family members. Vacated a dismissal. Full Article Military Law International Law
la McDonnel Group, L.L.C. v. Great Lakes Insurance SE, UK Branch By feeds.findlaw.com Published On :: 2019-05-13T08:00:00+00:00 (United States Fifth Circuit) - In an insurance dispute, addressed an issue relating to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Held that an insurance contract's conformity-to-statute provision did not negate the agreement to arbitrate. Full Article International Law Dispute Resolution & Arbitration
la Saada v. Golan By feeds.findlaw.com Published On :: 2019-07-19T08:00:00+00:00 (United States Second Circuit) - Affirmed in part, vacated in part, remanded. The District Court erred in granting a petition to have a child returned to his habitual home of Italy under the Hague Convention. Although it was affirmed that Italy was the child's habitual residence if repatriating him would expose the child to a grave risk of harm the district court isn't necessarily bound to return him. Full Article International Law Civil Procedure Family Law
la Lawson v. FMR LLC By feeds.findlaw.com Published On :: 2014-03-04T08:00:00+00:00 (United States Supreme Court) - The whistleblower protection provisions of the Sarbanes-Oxley Act of 2002 contained in 18 U. S. C. section 1514A include employees of a public company's private contractors and subcontractors when they report covered forms of fraud. Full Article Constitutional Law Corp. Governance Corporation & Enterprise Law Labor & Employment Law Securities Law
la Feldman v. Law Enforcement Associates By feeds.findlaw.com Published On :: 2014-05-12T08:00:00+00:00 (United States Fourth Circuit) - Summary judgment in favor of defendants on plaintiff's claims that he was unlawfully terminated from his employment in retaliation for protected activity under the Sarbanes-Oxley Act of 2002 is affirmed, where plaintiff failed to sufficiently establish that his alleged protected activities were a contributing factor to his termination. Full Article Corp. Governance Injury & Tort Law Labor & Employment Law Securities Law
la Western Surety Co. v. La Cumbre Office By feeds.findlaw.com Published On :: 2017-02-02T08:00:00+00:00 (California Court of Appeal) - In an action for breach of an indemnity agreement, the trial court's grant of summary judgment requiring defendant to pay plaintiff approximately $6.07 million pursuant to the indemnity agreement is affirmed where although the signatory did not have actual authority to execute the indemnity agreement on defendant's behalf, in these circumstances, the person's signature binds defendant pursuant to former Corporations Code section 17157(d) (now section 17703.01(d)), provided that the other party to the agreement does not have actual knowledge of the person's lack of authority to execute the agreement on behalf of defendant. Full Article Corp. Governance Contracts Corporation & Enterprise Law
la Central Laborers Pension Fund v. McAfee, Inc. By feeds.findlaw.com Published On :: 2017-11-15T08:00:00+00:00 (California Court of Appeal) - Affirming the trial court's summary judgment as to nine outside directors of McAfee in a class action corporate malfeasance case relating to the company's merger with Intel in which former public shareholders alleged an unfair process contaminated by conflicts that resulted in an undervalued price at sale, but reversing the judgment as to the former CEO and the corporate defendants Full Article Civil Procedure Corporation & Enterprise Law Corp. Governance
la Tindall v. First Solar Inc. By feeds.findlaw.com Published On :: 2018-06-13T08:00:00+00:00 (United States Ninth Circuit) - Affirming the district court's dismissal of a shareholder derivative action for failure to show demand futility in a suit where shareholders of a company who brought suit for breach of fiduciary duties for failing to disclose manufacturing and design defects in the company's solar panels without making a demand to the board. Full Article Civil Procedure Corp. Governance
la JPMorgan Chase Bank, National Association, respondent, v. Elida Nellis, appellant, et al., defendants. (Appeal No. 1) By feeds.findlaw.com Published On :: -May 6, 2020-T08:00:00+00:00 (NY Supreme Court) - 2017–04429 2018–04808 Index No. 4054/13 Full Article
la Randall Joyner, et al., respondents, v. Middletown Medical, P.C., et al., appellants. By feeds.findlaw.com Published On :: -May 6, 2020-T08:00:00+00:00 (NY Supreme Court) - 2017–07383 (Index 12949/10) 12949/10 Full Article
la Christopher Sacco, respondent, v. Reel–O–Matic, Inc., et al., defendants, Go Industries, Inc., appellant. By feeds.findlaw.com Published On :: -May 6, 2020-T08:00:00+00:00 (NY Supreme Court) - 2018–11536 (Index No. 51923/17) Full Article
la Seth Korman, et al., appellants, v. Roberta D. Corbett, etc., respondent, et al., defendants. By feeds.findlaw.com Published On :: -May 6, 2020-T08:00:00+00:00 (NY Supreme Court) - 2019–04234 Index No. 523834/18 Full Article
la IN RE: the Claim of ZULMA ZUNIGA By feeds.findlaw.com Published On :: -May 7, 2020-T08:00:00+00:00 (NY Supreme Court) - 529285 Full Article
la Mercury Ins. Co. v Lara By feeds.findlaw.com Published On :: 2019-05-09T08:00:00+00:00 (California Court of Appeal) - Judgment reversed and remanded. Defendant prevailed at an administrative hearing and civil penalties were imposed against Mercury. Mercury filed a writ of mandate, which the trial court granted. Appellate court held that the writ was issued in error, because the trial court did not use the proper standard of review, failed to give the proper presumption of correctness, and failed to place the burden of proof on Mercury. Full Article Civil Procedure Insurance Law Administrative Law
la Ekhlassi v. National Lloyds Insurance Co. By feeds.findlaw.com Published On :: 2019-06-04T08:00:00+00:00 (United States Fifth Circuit) - In an insurance coverage case, held that a homeowner delayed too long before bringing suit over a flood insurance claim. Affirmed summary judgment in favor of the insurer, holding that the suit was time-barred. Full Article Insurance Law
la Neto v Atlantic Specialty Ins. Co By feeds.findlaw.com Published On :: 2019-07-02T08:00:00+00:00 (United States Fifth Circuit) - Affirmed. Plaintiff was a passenger in an automobile that was involved in an accident. He was not a party to the insurance policy that covered the car, but was an unnamed additional insured. Plaintiff attempted to contact Defendant, the insurer of the car, but was unsuccessful. Plaintiff then reached his own settlement with at-fault driver of the other car. Defendant refused to agree to the settlement and denied coverage to Plaintiff stating that under the terms of the policy, Plaintiff had to have approval from them before settling. The trial court found that Plaintiff was not a party to the insurance contract, did not know the terms of the policy and could not be held to those terms. Full Article Injury & Tort Law Insurance Law
la Universal Cable Productions v. Atlantic Specialty Insurance By feeds.findlaw.com Published On :: 2019-07-12T08:00:00+00:00 (United States Ninth Circuit) - In a diversity insurance coverage action, District Court erred in not applying the specialized meaning of terms in an insurance contract, as required by the California Civil Code (here “war” and “warlike action”). Summary judgment in favor of insurer overturned. Full Article Insurance Law
la 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
la Windridge of Naperville Condominium Ass'n v. Philadelphia Indemnity Insurance Co. By feeds.findlaw.com Published On :: 2019-08-07T08:00:00+00:00 (United States Seventh Circuit) - Affirmed. An insurer had to replace the siding on an entire building whose south and west sides were damaged by a storm because the old siding was no longer available and the new siding didn't match. Full Article Insurance Law
la 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
la Collins v. University of Notre Dame du Lac By feeds.findlaw.com Published On :: 2019-07-12T08:00:00+00:00 (United States Seventh Circuit) - Reversed and Remanded. The Court of Appeals dismissed an appeal and reversed a District Court order in the case of the dismissal of a tenured professor. The professor's guilty plea to felony charges relating to the dismissal were serious cause sufficient to support his firing. Full Article Civil Procedure Labor & Employment Law
la 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
la 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
la 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
la Lavite v. Dunstan By feeds.findlaw.com Published On :: 2019-08-07T08:00:00+00:00 (United States Seventh Circuit) - Affirmed. The district court's grant of summary judgment to a County Veterans Assistance Commission was affirmed in a case where their superintendent was banned from the administration building after learning that he'd had a PTSD incident in which he threatened a police officer and kicked out the windows of a squad car. Full Article Labor & Employment Law Civil Procedure Constitutional Law
la Voris v. Lampert By feeds.findlaw.com Published On :: 2019-08-15T08:00:00+00:00 (Supreme Court of California) - Affirmed. Plaintiff successfully brought an action against Defendant for contract-based and statutory remedies for nonpayment of wages. On appeal Plaintiff sought to hold Defendant personally liable under a theory of common law conversion. The appeals court held that such a conversion claim is not the appropriate remedy. Full Article Injury & Tort Law Labor & Employment Law Contracts
la Karas-Durante v. County of Santa Clara By feeds.findlaw.com Published On :: 2018-11-30T08:00:00+00:00 (California Court of Appeal) - Held that a homeowner was not entitled to a refund of property taxes. County officials correctly determined that there was a change in ownership of a house she co-owned with her sister, which triggered a reassessment of its value. Affirmed a judgment after trial. Full Article Tax Law Property Law & Real Estate
la McClain v. Sav-On Drugs By feeds.findlaw.com Published On :: 2019-03-04T08:00:00+00:00 (Supreme Court of California) - Held that customers who had paid sales tax on purchases they believed to be exempt did not have an equitable cause of action to compel the retailers to seek a tax refund from the state, under the facts here. Affirmed a judgment sustaining the retailers' demurrer. Full Article Tax Law
la SSL Landlord LLC v. County of San Mateo By feeds.findlaw.com Published On :: 2019-04-23T08:00:00+00:00 (California Court of Appeal) - Held that a plaintiff in a tax refund lawsuit was not entitled to an award of attorney fees. Affirmed the ruling below. Full Article Tax Law Attorney's Fees
la SSL Landlord LLC v. County of San Mateo By feeds.findlaw.com Published On :: 2019-04-23T08:00:00+00:00 (California Court of Appeal) - Held that a plaintiff in a tax refund lawsuit was not entitled to an award of attorney fees. Affirmed the ruling below. Full Article Tax Law Attorney's Fees
la 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
la Agricultural Labor Relations Bd. v. Superior Court By feeds.findlaw.com Published On :: 2016-10-25T08:00:00+00:00 (California Court of Appeal) - In an administrative law action challenging the trial court's order that communications between the Agricultural Labor Relations Board and its general counsel, concerning whether to seek injunctive relief against Gerawan Farming, Inc. over complaints of unfair labor practices, must be disclosed under the Public Records Act, Government Code section 6251, the order is reversed where the Board's internal communications concerning its prosecution of Gerawan Farming are protected by attorney-client privilege. Full Article Labor & Employment Law Ethics & Professional Responsibility Administrative Law Government Law
la The Urban Wildlands Group v. City of Los Angeles By feeds.findlaw.com Published On :: 2017-04-13T08:00:00+00:00 (California Court of Appeal) - In an environmental action, challenging defendant city's finding that a project was exempt from formal environmental review, the trial court's grant of mandatory relief to plaintiff under Code of Civil Procedure section 473(b) is reversed where: 1) such relief is limited to default, default judgments, and dismissal; and 2) the trial court's grant of judgment to defendant after plaintiff counsel failed to prepare and lodge the administrative record as stipulated does not fall within either category. Full Article Civil Procedure Ethics & Professional Responsibility Environmental Law
la US v. Boyland By feeds.findlaw.com Published On :: 2017-07-10T08:00:00+00:00 (United States Second Circuit) - Denying the appeal of a judge convicted of 21 counts of public-corruption-related offenses, finding that subsequent decisions narrowing the interpretation of an 'official act' within the meaning of the federal bribery statute did not result in a plain error in the district court's instructions at trial. Full Article White Collar Crime Ethics & Professional Responsibility Judges & Judiciary Criminal Law & Procedure
la People v. Landers By feeds.findlaw.com Published On :: 2019-01-14T08:00:00+00:00 (California Court of Appeal) - Reversed a $950 sanction imposed on a deputy public defender for violating a reciprocal discovery order by failing to disclose statements taken from a witness. Concluded that there was no discovery violation under the circumstances here. Full Article Sanctions Ethics & Professional Responsibility Criminal Law & Procedure
la Skulason v. California Bureau of Real Estate By feeds.findlaw.com Published On :: 2017-08-16T08:00:00+00:00 (California Court of Appeal) - Reversing a trial court judgment granting writ of mandate and the award of attorney's fees in the case of a real estate salesperson who sued a state agency for publicizing her three misdemeanor convictions because they had no mandatory duty to remove from their website information about a licensee's convictions even if they were eventually dismissed. Full Article Cyberspace Law Media Law Communications Law
la 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