(California Court of Appeal) - In an action against officers and directors of a company in which plaintiff invested, alleging false representations, following a default judgment for plaintiff, the trial court's grant of defendant's motion to vacate the default judgment on grounds that it did not have sufficient notice of punitive damages under Code of Civil Procedure section 435.115(f) and that it was entitled to mandatory relief under section 473(b), is affirmed where: 1) due process requires that when a plaintiff moves for discovery terminating sanctions and seeks punitive damages, a statement under section 425.111(f) must be served a reasonable time before obtaining those sanctions; and 2) notice must be sufficient to afford a defendant the opportunity to fairly appraise the full amount of damages sought by the time he or she needs to respond and oppose the motion.

(United States Fourth Circuit) - In a complex matter which began more than fifteen years ago as a bid-rigging scheme conjured up by shipping businesses to defraud the United States, the District Court's grant of summary judgment in favor of defendant is vacated where the court erred by: 1) deciding that the successor corporation liability claims against defendant should be dismissed because they had been inadequately pleaded; and 2) ruling that there was insufficient evidence to justify a trial.

(California Court of Appeal) - Affirming the trial court's decision to sustain a demurrer by Uber, who argued that the court lacked jurisdiction to hear a putative class action brought by licensed taxicab drivers because the Public Utilities Code did not apply where the California Public Utilities Commission was in the process of developing rules relating to the company's activites and the second amended complaint failed to state a claim as to all causes of action.

(California Court of Appeal) - Held that ride-sharing company Uber must comply with administrative subpoenas issued by San Francisco's City Attorney seeking data submitted to the California Public Utility Commission. Affirmed the decision below, rejecting Uber's confidentiality arguments.

(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.

(California Court of Appeal) - Reversing an arbitration proceeding default award for hundreds of millions of dollars against a Chinese company that did not appear after service by mail in a Los Angeles action brought by an American investment partnership complaining of a breach of contract because the Hague Service Convention does not permit Chinese citizens to be served by mail, nor does it permit parties to set their own terms of service by contract.

(United States Tenth Circuit) - In an action claiming trademark infringement, unfair competition, and cybersquatting, summary judgment for defendant is affirmed where: 1) trademark infringement and unfair competition claims failed as plaintiff did not show that "Utah Lighthouse" was protectable, that defendant's use was in connection with any goods or services, and that defendant was likely to cause confusion among consumers as to the source of goods sold on its online bookstore; 2) defendant lacked a bad faith intent to profit from the use of plaintiff's trademark in several domain names under the Anti-Cybersquatting Protection Act (ACPA); and 3) defendant's website met safe harbor conditions of the ACPA since it was a parody.

(United States Ninth Circuit) - In a copyright infringement and trade secret case arising out of a contract for plaintiff to produce a USB flash drive shaped like a 'PlumbBob' a gem-shaped icon from defendant's computer game, The Sims, the District Court's grant of summary judgment in favor of defendant is: 1) affirmed in part as to the trade secrets claim, although on different grounds. where plaintiff's contribution to the PlumbBob USB drive, a design for the flash drive’s removal from the PlumbBob object, did not derive independent economic value from not being generally known to the public; and 2) reversed in part as to the copyright infringement claim where the district court erred in ruling as a matter of law that the flash drive was not sufficiently original when compared to the Plumb Bob icon to qualify for copyright protection as a derivative work.

(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.

(United States Third Circuit) - Affirmed, in large part, an attorney fee award in a False Claims Act action that had been resolved by settlement. After the defendant agreed to settle the case, the plaintiff (qui tam relator) was entitled to recover his reasonable attorney fees as a prevailing party. He appealed arguing that the district court's fee award was too low. The Third Circuit rejected his arguments and affirmed the award except in one narrow respect: on remand the trial court must decide how much to award him in fees for the time spent litigating his fee petition.

(United States Fifth Circuit) - Affirmed the voluntary dismissal of a qui tam action that a group of physicians brought against a company operating allergy treatment clinics. Over the company's objection, the physicians sought to voluntarily dismiss their lawsuit with prejudice as to themselves only, so that their decision to quit would not hamstring the government's efforts against the company elsewhere. The district court granted the dismissal motion, and the Fifth Circuit affirmed.

No, you did not request a changelog and yes you will get malware if you click on the link!

(United States Ninth Circuit) - Revived environmental organizations' lawsuit seeking to compel the U.S. Forest Service to ban hunters' use of lead ammunition, which is ingested by scavenger wildlife species and causes lead poisoning. Held that the suit for declaratory and injunctive relief was justiciable. Reversed a dismissal and remanded.

(California Court of Appeal) - Rejected an environmental advocacy group's challenge to an environmental impact report prepared by the California Department of Conservation addressing the effects of hydraulic fracturing and other well stimulation treatments. Affirmed the denial of writ relief.

(United States Ninth Circuit) - Upheld the U.S. Forest Service's approval of a project to address spreading pine-beetle infestation in certain at-risk forest lands. Rejected environmental groups' claims concerning the impact on a particular species of owl. Affirmed summary judgment for the government.

(United States Fifth Circuit) - Dismissed. The Center for Biological Diversity lacked standing to challenge the Environmental Protection Agency's issuance of a permit that will lead to increased pollution in the Gulf of Mexico.

(United States Ninth Circuit) - Affirmed. In this copyright law case, the 9th Circuit affirmed the district court’s grant of summary judgment in favor of the defendant. Plaintiffs, professional photographers, alleged that defendants removed copyright information metadata from their photographs in violation of 17 USC section 1202(b)(1)-(3). Section 1202 requires defendants to have known the prohibited act would induce, enable, facilitate or conceal infringement. Plaintiffs were unable to offer evidence to satisfy this requirement.

(United States Ninth Circuit) - Revived a tech company's copyright infringement claims against a competitor. Held that claim preclusion did not bar the company from asserting copyright infringement claims that had accrued after its earlier patent infringement suit against the competitor.

(California Court of Appeal) - Affirmed that an environmental group was not entitled to a writ of mandate directing the California Department of Conservation to order the immediate closure of oil and gas wells injecting fluids into certain underground aquifers. The environmental group argued that the department had violated its duty under the federal Safe Drinking Water Act to protect the aquifers. Unpersuaded, the First Appellate District held that the trial court properly denied the petition for a writ of mandate.

(California Court of Appeal) - Rejected an environmental advocacy group's challenge to an environmental impact report prepared by the California Department of Conservation addressing the effects of hydraulic fracturing and other well stimulation treatments. Affirmed the denial of writ relief.

(United States Third Circuit) - In a section 1983 suit against several county entities and individuals, alleging various constitutional violations, including defendant's retaliation against plaintiff for publicly opposing of defendant's reelection as the President of the Moosic, Pennsylvania Borough Council, the district court's decision denying defendant's claim to qualified immunity is reversed where he is entitled to qualified immunity because his conduct, even if plaintiff's allegations are true, did not violate clearly established law.

(United States Fifth Circuit) - Dismissed. The Center for Biological Diversity lacked standing to challenge the Environmental Protection Agency's issuance of a permit that will lead to increased pollution in the Gulf of Mexico.

(United States Seventh Circuit) - In a dispute that arose out of the sale of a manufacturing plant, held that the district judge was correct to withhold any remedy that would transfer the value of certain promissory notes from the secured lenders to the seller. Affirmed a judgment after a bench trial.

(United States Fifth Circuit) - Held that a manufacturer of medical syringes that falsely advertised its products did not have to disgorge its profits. That remedy would not be equitable under the circumstances here. Affirmed a post-trial ruling, in this lawsuit brought by a competing syringe manufacturer that also involved antitrust claims.

In dit artikel leer je een pakkende inleiding voor jouw blogartikelen te schrijven. Ik deel vier van mijn favoriete technieken, leg ze allemaal beknopt uit en geef bij elke techniek een praktisch voorbeeld. Als SEO-specialist heb ik al honderden blogartikelen geschreven en gebruik ik deze technieken dagelijks! Waarom is een pakkende inleiding belangrijk? Bij het […]

Hungary's parliament has passed a declaration against signing the Istanbul Convention on preventing and combating violence against women because it smuggles in provisions declaring gender a "social construct" and allowing "gender-based asylum claims".

(United States First Circuit) - Reversed and remanded in a case involving the enforcement of arbitration clauses in online contracts. Plaintiffs filed suit against defendant alleging violations of Massachusetts consumer-protection statute. Defendant operates a ride-sharing service requiring customers to register using the Uber App. In the app is a page that has a button that will take you to Terms and Conditions, which a user is not required to accept and which contains an agreement to arbitrate any dispute. The district court granted defendant's motion to compel arbitration and dismissed the complaint. In reversing and remanding the First Circuit held that the terms of the agreement were not reasonably communicated to plaintiffs.

(United States Fifth Circuit) - Reversed an order compelling arbitration of a consumer's claims. The consumer contended that the defendant technology company had waived its right to arbitration by substantially invoking the judicial process, in this putative class action.

(United States Second Circuit) - Revived a consumer lawsuit alleging that Cheez‐It crackers are misleadingly labeled as being whole grain. Held that the proposed class action complaint plausibly alleged that the labeling is deceptive.

The possibilities and limitations of logging life on the Internet.

“Blog” is a word that was coined nearly two decades ago as a shortened version of “web log.” As the word suggests, blogs originated as online spaces in which individuals or groups log their experiences in something approaching real time, much as a sailor would record the daily weather conditions onboard hundreds of years ago. “Blog” can be used as a noun or a verb, but in either case this compact word almost describes itself. Not poetic or thought-provoking or nuanced. Rather— short, efficient, straightforward.

So the word “blog” itself pretty much sums up the promise and perils of the genre. On the one hand, blogging offers a wealth of opportunity, especially for writers like me who are trying to figure out topics of interest to readers, or work through new ideas, or build an audience of people interested in those topics and ideas. Over the past few years, I have been blogging about faith, family, and disability here at Thin Places (and elsewhere), and I’m grateful for what that opportunity has afforded me. I’ve been able to provide a space for conversation by curating guest posts around topics like racial reconciliation or rest or contraception. I’ve been able to offer my own thoughts about a whole host of topics, from advances in prenatal testing to reflections on quiet times and church attendance, from sexuality to the Oscars. I’ve been able to highlight some of the good work happening within the church, especially when it comes to disability, and I’ve been able to participate in some online conversations about events within the news.

Blogging offers a terrific forum for pushing ideas out into the world for immediate consumption ...

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Living in Montreal, I often have to create multi-lingual websites for clients. That means finding the right plugin for the job. I don’t always use WPML, but it’s one of…

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Sonarworks Software Proves To Be The ‘secret Sauce’ In International Car Audio Competition

(United States Supreme Court) - Held that a bankrupt company's rejection of a trademark licensing agreement did not deprive its licensee of the rights to use the trademark. The U.S. Supreme Court interpreted Section 365 of the Bankruptcy Code, which enables a debtor to reject any executory contract, meaning a contract that neither party has finished performing. Justice Kagan delivered the opinion of the 8-1 Court.

Politically Fueled Debate Leads To A Rogue Social Media Employee

(United States Second Circuit) - Reversed and remanded. The court concluded the 44 articles at issue were not works made for hire under the Copyright Act of 1976. District Court’s summary judgement in favor of RIT and denying the motion for partial summary judgement by the Estate reversed. Remanded for further proceedings.

(United States Third Circuit) - Affirming a district court dismissal of a case brought by numerous taxi associations seeking to prevent Uber from taking their business because Uber's conduct didn't arise to an antitrust violation, attempted monopoly, or other unfair business activity, even if it is killing the old taxicab businesses.

(United States Fifth Circuit) - Held that a manufacturer of medical syringes that falsely advertised its products did not have to disgorge its profits. That remedy would not be equitable under the circumstances here. Affirmed a post-trial ruling, in this lawsuit brought by a competing syringe manufacturer that also involved antitrust claims.

From pioneer in our field, Jeanne Brett: With the unprecedented and rapid need to switch from face-to-face to synchronous online classes, everyone using exercises and simulations has learned a lot.  iDG, NegotiateUP and NTR  are launching a series of Conversations about Innovations in Teaching Research and Technology held during three Fridays in June (5th, 12th, … Continue reading Conversations about Innovations in Teaching, Research and Technology →

Sean Perry And Cameron Peinado Dish On Guitar Pedals In Recent Interview

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