(United States Supreme Court) - Held that a mariner may not recover punitive damages on a claim that he was injured as a result of the unseaworthy condition of the vessel. After a hatch blew open and injured his hand, the deckhand filed suit under federal maritime law and sought punitive damages, among other things. However, the U.S. Supreme Court concluded that punitive damages are unavailable in unseaworthiness actions. Justice Alito delivered the opinion of the 6-3 Court.

(United States Second Circuit) - Upheld a Board of Immigration Appeals decision that a lawful permanent resident was ineligible for cancellation of removal. He had been found removable based on his New York convictions for endangering the welfare of a child. Denied the Irish citizen's petition for review.

(United States Fifth Circuit) - Deny petition for review. Plaintiff appealed dismissal of application for asylum and withholding of removal. Petition for stay of removal was granted, but denied the award of attorney fees. Plaintiff appealed the denial of attorney fees. Appeals court ruled that Plaintiff was not entitled to attorney fees under the Equal Access to Justice Act because the government’s actions were substantially justified.

All your questions about the pandemic, answered. Sort of. Mr. Eggers is a novelist and journalist. via Pocket

(United States Federal Circuit) - Reversed and remanded where the plaintiff appealed from a judgment of the Court of Federal Claims which had dismissed his complaint for lack of subject-matter jurisdiction. In reversing and remanding, the Federal Circuit held that the court erred in concluding that it lacked jurisdiction.

(United States Ninth Circuit) - Held that an individual could obtain judicial review of the federal government's denial of his petition under the Paperwork Reduction Act, which authorizes individuals to petition for a determination of whether they must provide information requested by a government agency. Reversed and remanded for further proceedings in the district court, in a case involving information collected by the Patent and Trademark Office.

(United States Second Circuit) - Held that the defendants were entitled to an award of attorney fees in a Copyright and Lanham Act lawsuit after they prevailed by asserting a collateral estoppel defense. Affirmed the award of fees.

MICHAEL Clarke will be targeted by Parramatta’s bowling attack when the former Australian cricket captain plays at Old Kings Oval on Saturday.

(Court of Appeals of New York) - In disciplinary proceeding against an attorney for various misconduct, including allegations that he failed to properly supervise the firm's bookkeeper resulting in misappropriation of client funds and that he breached his fiduciary duty by failing to safeguard those funds, the order of the Appellate Division is modified to dismiss the charge for failing to timely comply with the Grievance Committee's lawful demands for information where the imposition of this separate charge is unsupported by the record.

(Court of Appeals of New York) - The appeal is dismissed upon the ground that the issues presented have become moot because the attorney was automatically disbarred upon his conviction of a felony on March 14, 2014.

(Court of Appeals of New York) - In this case, in an underlying federal action, the Securities and Exchange Commission moved for sanctions against appellant Dunn. The Magistrate Judge granted the motion in part. Respondent Committee of Professional Standards thereafter filed a petition alleging that Dunn had "engaged in fraudulent conduct prejudicial to the administration of justice adversely reflecting on her fitness as a lawyer" in violation of Rules of Professional Conduct 8.4(c), (d), and (h). The basis of the complaint was essentially the text of the Magistrate's sanctions opinion. Judgment of the Appellate Division finding Dunn guilty of the charged misconduct and finding that collateral estoppel applied to the Magistrate's sanctions order is reversed and the matter is remitted, where: 1) while the issue of whether Dunn had made false statements in her written declaration, it was not the focus of the hearing on the underlying motion for sanctions; and 2) the cursory nature of the sanctions proceedings itself failed to provide a full and fair opportunity to litigate the case.

(United States Eighth Circuit) - In an action by a company which provides security and consulting services to casino operators, seeking a declaratory judgment that an Indian tribal court lacked jurisdiction and an order compelling arbitration, summary judgment for defendant is affirmed in part where the tribal courts could exercise adjudicatory jurisdiction over the tribe's claims against plaintiff for trespass to land, trespass to chattels, and conversion of tribal trade secrets. However, the judgment is reversed in part where the tribal court did not have jurisdiction under the second Montana exception over the tribe's claim for conversion of tribal funds.

(United States Ninth Circuit) - In an action for copyright infringement and breach of an employment agreement arising out of defendant's sale of a toy doll idea to a competitor of plaintiff instead of disclosing and assigning it to plaintiff as required by the agreement, an injunction in favor of plaintiff is vacated where: 1) the district court’s imposition of a constructive trust forcing defendant-corporation to hand over its sweat equity was an abuse of discretion and must be vacated; 2) because the agreement’s language was ambiguous and some extrinsic evidence supported each party’s reading, the district court erred by granting summary judgment to plaintiff on this issue and holding that the agreement clearly assigned works made outside the scope of defendant's employment; and 3) the district court’s error in construing the employment agreement was sufficient to vacate the copyright injunction.

(United States Ninth Circuit) - In copyright infringement action brought by plaintiff, maker of Barbie dolls, against defendant, maker of Bratz dolls, judgment for defendant on counterclaim for trade secret misappropriation and awarding attorney fees for prevailing on copyright claim is: 1) reversed and remanded on defendant's counterclaim for trade secret misappropriation which did not rest on the same "aggregate core of facts" as plaintiff's claim, was thus, not compulsory; but 2) the district court did not abuse its discretion in awarding defendant fees and costs under the Copyright Act.

(United States Federal Circuit) - Summary judgment for defendant on patent infringement claims involving a wire tier device that is used to bale recyclables or solid waste is: 1) reversed in part and remanded with respect to claims 1-4 of the ’877 patent, where the district court erred in it construction of the terms "each" and "a respective one"; but 2) affirmed on claim 5 of the ’877 patent and all of the asserted claims of the ’992 patent; and 3) affirmed on the denial of plaintiff's motion for additional discovery pursuant to and the dismissal of plaintiff's Missouri Uniform Trade Secrets Act cause of action.

(NY Supreme Court) - 2020–03456

(United States Second Circuit) - Affirming the dismissal for failure to state a claim allegations of First Amendment violations by the City of New York, but reversing as to Manhattan Community Access Corporation and its employees because public access TV channels are a public forum and the corporation and its employees were state actors when they fired workers who produced segments critical of the corporation.

(United States Supreme Court) - Held that a private entity operating public access cable TV channels was not subject to First Amendment constraints on its editorial discretion. The producers of a controversial documentary film contended that the nonprofit corporation running the public access channels was a state actor because it was exercising a function traditionally exclusively reserved to the State, and therefore was subject to suit for violating their free speech rights. However, the U.S. Supreme Court disagreed. Justice Kavanaugh delivered the opinion of the 5-4 Court.

(United States Ninth Circuit) - In a copyright, trademark, and trade dress infringement action, judgment as a matter of law for defendant on copyright and trade dress infringement claims is affirmed where: 1) defendant did not timely move for judgment as a matter of law, but the time limit under Fed. R. Civ. P. 50(b) is not jurisdictional; and 2) plaintiff failed to demonstrate that defendant had access to plaintiff's copyrighted works or that plaintiff's trade dress had acquired secondary meaning.

(Court of Appeals of New York) - Conviction for second-degree burglary and robbery is affirmed where the trial court did not err in admitting into evidence subscriber information in prepaid cell phone records as nonhearsay evidence within a business record, because the information was not introduced for the truth of the matters asserted.

(California Court of Appeal) - Affirming the trial court's dismissal of a second amended complaint in a lawsuit alleging defamation and deceit related to parents' complaints about a baseball team coach because the grievance, filed pursuant to a collective bargaining agreement, failed to satisfy the claim filing requirements of the Government Claims Act.

(United States Federal Circuit) - In an appeal from a decision of the Armed Services Board of Contract Appeals finding that the government did not breach the terms of a supply contract with plaintiff, the Board's decision is: 1) affirmed in part where the government did not breach the express terms of the contract or a later agreement to consider exceptions; but 2) vacated in part where the Board erred when it concluded that it 'need not decide' plaintiff's implied duty and constructive change claims.

(United States Fourth Circuit) - In a construction company's suit against a city for breach of contract, alleging that the city unlawfully assessed liquidated damages against the company for failure to complete a construction project on time, the district court’s dismissal for lack of subject matter jurisdiction is affirmed where plaintiff is not excused from the normal requirement of administrative exhaustion under Maryland law.

(United States Federal Circuit) - Affirming the decision by the Armed Services Board of Contract Appeals dismissing for lack of jurisdiction because the Contract Disputes Act did not provide jurisdiction in a case involving a contract with the Army to establish and operate supply chain during Iraq's reconstruction and that the Board lacked jurisdiction under its charter and partially dismissing because the decision was not made pursuant under the CDA, so the court lacked jurisdiction to review.

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This phishing scammer decided to skip the normal mumbo jumbo and just send the phishing link.

So you are no longer winning lotteries, you are getting donations from generous lottery winners.

(United States Second Circuit) - Held that the defendants were entitled to an award of attorney fees in a Copyright and Lanham Act lawsuit after they prevailed by asserting a collateral estoppel defense. Affirmed the award of fees.

(United States Federal Circuit) - In plaintiffs' breach of contract case against United States, acting through the FDIC, the Court of Federal Claims' judgment is affirmed in part, revered in part and remanded where: 1) the judgment of the Court of Federal Claims is affirmed as to jurisdiction, liability, and the assessment of damages for lost value in the amount of $276 million, net of the receivership deficit, and with an appropriate tax gross-up; 2) judgments as to the award of $67 million in non-overlapping restitution damages and as cumulative the award of wounded bank damages of $28 million are reversed; and 3) dismissal of intervenors' claims relating to the liquidation surplus is reversed and remanded.

(United States Federal Circuit) - In an en banc review of the Court of Federal Claims ruling against the government in a suit on behalf of shareholders of a failing bank that merged with a solvent bank, alleging that the government breached its contracts with the acquiring bank, jurisdiction was properly exercised by the Court of Federal Claims, as; 1) when a government agency is asserted to have breached an express or implied contract that it entered on behalf of the United States, there is Tucker Act jurisdiction of the cause unless such jurisdiction was explicitly withheld or withdrawn by statute, and 2) the jurisdictional foundation of the Tucker Act is not limited by the appropriation status of the agency's funds or the source of funds by which any judgment may be paid.

(United States Second Circuit) - The district court's judgment denying the petition to confirm a Brazilian arbitral award is vacated and remanded, where the district court decided that the parties' dispute was beyond the scope of their arbitration agreement, without first determining whether the parties had agreed to an arbitration clause that clearly and unmistakably assigned to an arbitral panel, rather than to the court, any questions about the scope of their arbitration agreement.

(United States DC Circuit) - Affirming. Doe is a US citizen in the custody of the Department of Defense after his capture in Syria. He sought to prevent his transfer during the pendancy of a habeas corpus claim since this would place him outside of the court's jurisdiction. The court affirmed a district court injunction barring the government from transferring Doe to Country B, and the injunction requiring 72 hours notice before transfer to Country A.

Benjamin Crump, a civil rights attorney representing the father of Ahmaud Arbery, called for police to arrest the Georgia man who filmed Arbery being shot and killed, USA Today reported Thursday.

[Ministerial statement by Minister of Home Affairs Walter Roban] Mr. Speaker, I am pleased to report to this Honourable House on the progress of the...

#62ndGrammyAwards #GrammyAwards #GrammyNominations #MelissaB

"It's always neat to see them. For me, it's springtime -- hope and renewal. I just like to see them and know that they're surviving and that I can provide them with something right now."

A Colorado legislator has filed an ethics complaint against U.S. Sen. Cory Gardner over a Palm Beach party he attended in February that was hosted by a champagne company.

This Release Features The Husband And Wife Team Of Randy Brecker And Saxophonist-composer Ada Rovatti But Also Includes Their 10-year-old Daughter Stella In A Vocal Cameo Appearance On One Track.

It is really important to us to receive spam reports as attachments. This makes our spam investigations much more effective and easier, so we would like to remind everyone who wishes to report spam to us, to forward those e-mails as attachments. Our online spam reporting form is still available, but we recommend its use only in cases where it is not possible for forward the spam e-mail as an attachment.

This Release Features The Husband And Wife Team Of Randy Brecker And Saxophonist-composer Ada Rovatti But Also Includes Their 10-year-old Daughter Stella In A Vocal Cameo Appearance On One Track.

#62ndGrammyAwards #GrammyAwards #GrammyNominations #MelissaB

(United States Third Circuit) - Vacated an administrative decision ordering a lawful permanent resident removed from the United States for having committed an aggravated felony. The man, a trader at a financial services firm who pleaded guilty to a securities law violation, argued that his crime was not truly an aggravated felony under the Immigration and Nationality Act and therefore he should not be removed. Finding merit in his argument, the Third Circuit granted his petition for review and remanded the case to the Board of Immigration Appeals for further proceedings.

(United States Third Circuit) - Affirmed in part and reversed in part the convictions of a former Congressman and three of his associates for campaign finance-related offenses arising from his unsuccessful 2006 run for mayor of Philadelphia. Each of the defendants was convicted on multiple counts, and then appealed on numerous grounds. The Third Circuit vacated convictions on some of the counts but reinstated others and in other respects affirmed the trial court's judgment.

(United States Third Circuit) - Denied an alien's petition for review of a decision ordering him removed from the United States. The Board of Immigration Appeals had ruled that the citizen of Cameroon, who entered the U.S. on a student visa in 1989, was ineligible for waiver of removal because his felony conviction of making false statements about a sham marriage constituted a crime involving moral turpitude. On appeal, the Third Circuit agreed that the man was not eligible for a fraud waiver, and thus denied his petition for review.

Gotta gotta be down because I want to hike.

(United States Ninth Circuit) - Reversing a district court dismissal of claims that an ordinance authorizing collective bargaining between driver coordinators like Uber and Lyft violates and is preempted by the Sherman Antitrust Act because the act sanctions price fixing by private cartels of independent contractor drivers but affirming the dismissal of claims that the ordinance was preempted by the National Labor Relations Act and remanding for further proceedings.

Selected Route From Rochester To Brighton Scheduled For July, In Support Of Music Heals