old

Jeffrey Siegel, et al. v. HSBC North America Holdings, Inc. and HSBC Bank USA, N.A.

(United States Second Circuit) - Affirmed. The district court granted Defendants’ motion to dismiss for failure to state a claim. Plaintiffs failed to plausibly allege that the defendants knowingly aided or abetted November, 2005 attacks in Jordan.




old

Guippone v. BH S&B Holdings LLC

(United States Second Circuit) - Dismissal of plaintiff's putative class action claim brought against defendants for alleged violations of the Worker Adjustment Retraining and Notification Act (WARN) is: 1) affirmed in part, where the district court correctly determined the private equity defendants were investors, not "single employers" with their subsidiary within the meaning of WARN, and thus were properly dismissed; and 2) vacated in part and remanded, where the district court erred in granting summary judgment to defendant BHY S&B HoldCo, LLC, which operated the entity plaintiff worked for, because plaintiff raised a question of material fact as to whether defendant BHY S&B HoldCo, LLC was a single employer with BH S&B Holdings LLC.




old

Sarnacki v. Golden

(United States First Circuit) - In this shareholder derivate suit, plaintiff Sarnacki asserts Nevada state-law claim against Smith & Wesson's officers and directors, including breach of fiduciary duties, wastes of corporate assets, and unjust enrichment. In reaction to earlier and parallel cases, Smith & Wesson's Board formed a Special Litigation Committee (SLC) to investigate and determine the viability of any of these claims and to make a recommendation to the Board whether to pursue any of these claims. The SLC recommended against filing any claims. The district court granted defendant's motion for summary dismissal on the basis of the SLC recommendation, and after limited discovery. The judgment is affirmed, where: 1) the Board has met its burden as to proving the independence of the SLC; 2) the SLC's investigation was reasonable and in good faith; and 3) the district court's decision to limit discovery was not an abuse of the court's discretion, as it was adequate to aid its review.




old

ITV Gurney Holding, Inc. v. Gurney

(California Court of Appeal) - Reversing the trial court's order reinstating the Gurneys, the producers of Duck Dynasty, to positions managing the day-to-day operations of the plaintiff company that they once owned and are the minority owners of, who had been fired from their roles as CEOs and removed from management, because the very operating agreement the Gurneys said gave them authority to manage actually gave the company, through its board, the ultimate authority and allowed them to remove the Gurneys from management, but affirming the preliminary injunction allowing them to continue as board members and barring the company from infringing their rights in that position.




old

Howard v. Goldbloom

(California Court of Appeal) - Held that a former company president did not have to arbitrate his claims that the CEO and others wrongfully diluted his interest in the high-tech company's stock. His employment contract's arbitration clause did not cover this situation. Affirmed the denial of a motion to compel arbitration.




old

Ingenco Holdings, LLC v. ACE American Insurance Co.

(United States Ninth Circuit) - In an insurance coverage dispute, revived an industrial plant's claim that the insurer should have provided coverage when broken metal brackets resulted in a shutdown of the entire facility. Reversed a summary judgment ruling.




old

Professional Tax Appeal v. Kennedy-Wilson Holdings, Inc.

(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.




old

Harmony Gold U.S.A., Inc. v. County of Los Angeles

(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.




old

Gold Medal LLC v. USA Track and Field

(United States Ninth Circuit) - Affirmed that the U.S. Olympic Committee and USA Track and Field did not violate antitrust law by imposing advertising restrictions during the Olympic Trials. A chewing gum company that wished to pay to display its logo on athletes' apparel brought this suit to challenge the advertising restrictions. Rejecting the company's arguments, the Ninth Circuit held that the defendant organizations were entitled to implied antitrust immunity on the basis that their advertising restrictions were integral to performance of their duties under the Ted Stevens Olympic and Amateur Sports Act.




old

DuQuesne Light Holdings, Inc. v. Commissioner of Internal Revenue

(United States Third Circuit) - Affirming the Tax Court's application of the Ilfield doctrine in holding that the double deduction for losses incurred by the subsidiary of a company was improper and disallowing $199 million of those losses.



  • Tax Law
  • Corporation & Enterprise Law

old

ITV Gurney Holding, Inc. v. Gurney

(California Court of Appeal) - Reversing the trial court's order reinstating the Gurneys, the producers of Duck Dynasty, to positions managing the day-to-day operations of the plaintiff company that they once owned and are the minority owners of, who had been fired from their roles as CEOs and removed from management, because the very operating agreement the Gurneys said gave them authority to manage actually gave the company, through its board, the ultimate authority and allowed them to remove the Gurneys from management, but affirming the preliminary injunction allowing them to continue as board members and barring the company from infringing their rights in that position.




old

WMI Holdings Corp. v. US

(United States Federal Circuit) - Affirming the US Court of Federal Claims dismissal of a company's action seeking refunds for losses and deductions its predecessor company allegedly should have received for certain intangible assets acquired from the federal government in the 1980s because the court's findings that the company failed to establish with a reasonable degree of certainty the cost basis in each of the assets at issue was not clearly erroneous.



  • Tax Law
  • Corporation & Enterprise Law

old

Financial Oversight and Management Board for Puerto Rico v. Ad Hoc Group of PREPA Bondholders

(United States First Circuit) - Vacated an order denying a request by Puerto Rico Electric Power Authority (PREPA) bondholders for relief from an automatic stay. The bondholders argued that a statute enacted by Congress to address Puerto Rico's financial crisis did not preclude them from obtaining relief so that they could petition another court to place PREPA into receivership. Agreeing, the First Circuit held that the district court erred in concluding otherwise.




old

DWA Holdings, LLC v. US

(United States Federal Circuit) - Reversing and remanding a US Court of Federal Claims summary judgment ruling that a company's overseas earnings did not entitle them to transitional benefits under the American Jobs Creation Act because their holding that the law only provided transitional relief for income earned between 2006 and 2006 was incorrect.




old

Diebold Nixdorf, Inc. v. ITC

(United States Federal Circuit) - Reversed finding of the International Trade Commission (ITC) that plaintiff had violated Section 337 of the Tariff Act of 1930 by importing components of automated teller machines that infringed on certain patents. The court reasoned that the term “cheque standby unit” is a means-plus-function term and lacks corresponding structure disclosed in the specification.




old

Moldex-Metric, Inc. v. McKeon Products, Inc.

(United States Ninth Circuit) - Reversing the district court's summary judgment in favor of the defendant in a suit for trademark infringement relating to foam earplugs in a specific bright green color used by the plaintiffs in their earplugs because the district court's conclusion that the green color mark was functional and therefore not protectable as trade dress was in error. The existence or nonexistence of alternative designs is probative of functionality or nonfunctionality and a genuine issue of fact regarding whether the color was functional remained.




old

Impax Lab. Inc. v. Lannett Holdings Inc

(United States Federal Circuit) - Affirmed the ruling that certain patent claims for pharmaceutical formulations, intranasal administration devices or aqueous solutions of zolmitripatan are not valid. The court found that defendant failed to prove that the claims at issue would have been obvious over the prior art.




old

GoPro, Inc. v. Contour IP Holding, LLC

(United States Federal Circuit) - Vacated and remanded the Patent Board's prior ruling against plaintiff which had filed suit to challenge the defendant’s proposed patent. In vacating and remanding, the Appellate court ruled that plaintiff’s printed catalog was prior art and that the defendant’s proposed patent could have been based on information in that catalog and that the trial court had not properly considered the catalog in making its finding.




old

Diebold Nixdorf, Inc. v. ITC

(United States Federal Circuit) - Reversed finding of the International Trade Commission (ITC) that plaintiff had violated Section 337 of the Tariff Act of 1930 by importing components of automated teller machines that infringed on certain patents. The court reasoned that the term “cheque standby unit” is a means-plus-function term and lacks corresponding structure disclosed in the specification.




old

In re Perlbinder Holdings, LLC

(Court of Appeals of New York) - In a real estate and property action, arising after the Manhattan Department of Buildings revoked plaintiff's erroneously-issued permit for a large outdoor advertising sign, the order of the Appellate Division is reversed where: 1) plaintiff did not acquire a vested right to maintain the sign on its property through its reliance on the erroneously issued permit; and 2) the issue of plaintiff's good-faith reliance on the erroneously-issued permit is properly raised in an application for a zoning variance.




old

Gold Medal LLC v. USA Track and Field

(United States Ninth Circuit) - Affirmed that the U.S. Olympic Committee and USA Track and Field did not violate antitrust law by imposing advertising restrictions during the Olympic Trials. A chewing gum company that wished to pay to display its logo on athletes' apparel brought this suit to challenge the advertising restrictions. Rejecting the company's arguments, the Ninth Circuit held that the defendant organizations were entitled to implied antitrust immunity on the basis that their advertising restrictions were integral to performance of their duties under the Ted Stevens Olympic and Amateur Sports Act.




old

NRP Holdings LLC v. City of Buffalo

(United States Second Circuit) - Held that a mayor had legislative immunity from claims that he scuttled a low‐income housing project because the prospective developer refused to hire his political ally as a contractor on the project. Affirmed judgment in favor of the mayor and the other defendants.




old

US v Holden

(United States Ninth Circuit) - Amended an opinion filed on July 26, 2018 for a case which affirmed the defendant's conviction for mail and wire fraud, but vacated a custodial sentence and restitution with remand for further proceedings. The sentence was vacated because the record did not support the conclusion that the defendant exercised sufficient control over a co-conspirator. Restitution was vacated because the district court's ruling was internally inconsistent in ordering immediate payment and payments over time in the same order.




old

Goldstein v. California Unemployment Insurance Appeals Board

(California Court of Appeal) - Upheld the denial of a man's application for unemployment insurance benefits. Affirmed the denial of writ relief.




old

Loan Offer Scam - Arnold Wilson Chambers

Quick an easy loans... um... scams.




old

DRK Photo v. McGraw Hill Global Education Holdings, LLC

(United States Ninth Circuit) - Affirming summary judgment to the defendant schoolbook publisher against a stock photography agency complaining of copyright infringement because they were nonexclusive licensing agents for the photos at issue and failed to demonstrate adequate ownership interest to confer standing.




old

Gold Value International Textile Inc. v. Sanctuary Clothing, LLC

(United States Ninth Circuit) - Held that a clothing manufacturer could not proceed with a copyright infringement lawsuit against a competitor that allegedly copied a fabric design because the copyright registration was invalid due to knowingly inaccurate paperwork. Affirmed summary judgment for the defendants.




old

Villoldo v. Castro Ruz

(United States First Circuit) - In cross-appeals that arise from the ongoing efforts by two brothers to satisfy a multi-billion dollar judgment they won against the Republic of Cuba and other Cuban parties, the District Court's ruling, that certain assets they seek to attach to satisfy that judgment are not the property of the Cuban government and thus are not subject to attachment in satisfaction of their judgment, is affirmed where: 1) the District Court had the authority to revisit its initial determination that Cuba owned the assets subject to the February 12 turnover order because it was not a final judgment; 2) dismissal was proper because U.S. courts will not give extraterritorial effect to a foreign state's confiscatory law. Denial of defendant's motion for attorney is affirmed.




old

Baker v. Goldman, Sachs & Co.

(United States First Circuit) - In this case, plaintiff-software-company hired defendant-bank to assist it in finding an acquisition partner. The acquisition partner later was found to have fraudulently overstated its earnings, and bankruptcy ensued for the merged company, after which the present litigation followed, alleging various common-law claims including gross negligence, intentional and negligent misrepresentation, breach of fiduciary duty, and unfair or deceptive acts in violation of Mass. Ben. Laws ch. 93A. Judgment finding defendant not liable on all claims is affirmed, where: 1) defendant's conduct, even if sloppy and unforthcoming, was not unfair or deceptive, the factual findings are supported by the record, and the court correctly applied the ch. 93A legal standard to those findings; and 2) there were no other errors, and even if there were, those errors were harmless.




old

NAF Holdings, LLC v. Li & Fund (Trading) Limited

(United States Second Circuit) - In a dispute arising out of a merger, and in light of Delaware Supreme Court's answer to a certified question that plaintiff was not required to bring its breach of contract claim as a derivative action, the district court's grant of summary judgment in favor defendant is vacated where plaintiff is not barred from pursuing its claim directly.




old

Mercury Systems, Inc. v. Shareholder Representative Servs., LLC

(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.




old

In re Energy Future Holdings Corp.

(United States Third Circuit) - Held that a company that entered into an unconsummated merger agreement was not entitled to payment of a $275 million termination fee. The proposed merger had been approved by a bankruptcy court because one of the parties was in Chapter 11 bankruptcy. The Third Circuit held that the bankruptcy court did not err in narrowing the circumstances under which the termination fee would be triggered, resulting ultimately in no fee being paid.




old

Tucker Carlson: 'Sociopath' Adam Schiff 'Unfit to Hold Office,' 'He Should Resign'

Friday, Fox News Channel's Tucker Carlson called on Rep. Adam Schiff (D-CA) to resign given how the saga regarding former National Security Advisor Michael Flynn has unfolded, calling the California Democrat a "sociopath."




old

Whitmer Admin Sics Michigan Cops on 77-Year-Old Barber Defying Shutdown

A 77-year-old Michigan barber said he won't stop working "unless he is tasered by the police or Jesus Christ himself walks in" and will continue defying Gov. Gretchen Whitmer's executive orders.




old

Finnish Five-Piece Planet Case Unveils New Single 'Same Old Blood'

Finnish Alt-rock Five-piece Planet Case Are Ready To Unveil Their Debut EP ‘Simple Thoughts’, Out On 24th May Via Up And Coming Finnish Label Soit Se Silti.




old

Uptown Grill, L.L.C. v. Camellia Grill Holdings, Inc.

(United States Fifth Circuit) - In a contractual dispute over ownership of a trademark in a restaurant name, affirmed a bench trial decision in part and reversed it in part.




old

Brown v. Goldstein

(California Court of Appeal) - Revived claims brought by members of the band WAR alleging that their music publisher breached a contract by failing to pay them certain song royalties. Reversed a summary judgment ruling.




old

Howard v. Goldbloom

(California Court of Appeal) - Held that a former company president did not have to arbitrate his claims that the CEO and others wrongfully diluted his interest in the high-tech company's stock. His employment contract's arbitration clause did not cover this situation. Affirmed the denial of a motion to compel arbitration.




old

Landau v. Rheinold

(United States Second Circuit) - Affirmed the confirmation of an arbitration award issued by a rabbinical tribunal. Two groups of Hasidic Jews had agreed to arbitrate a trademark dispute before the tribunal, and then the winning side sought to confirm the award in secular court. The Second Circuit held that the district court properly exercised subject matter jurisdiction and confirmed the award.



  • Dispute Resolution & Arbitration

old

New Video About The Making Of Magma's New Album “Zëss” On Limited Edition Gold Colored Vinyl

Limited Edition Of 1500 Numbered Copies On 180 Gram Audiophile Gold Colored Vinyl




old

GAZ REYNOLDS YOUTUBE SHOW KICKS OFF BIG TIME WITH LONDON MUSIC LEGEND TOM CARRADINE

Just Over A Year Ago Pop Icon, Television Personality And YouTuber Gaz Reynolds Launched His First Ever YouTube Show ‘The G-Log’ Aimed At The Music Industry And Entertainment World. Famous Celebrities




old

Seven Seas Music Gives Genuine Russian Twist To Scene In The Goldfinch

Music Supervisor Susan Jacobs Turns To Seven Seas Music To Help Find Authentic International Music.




old

Charlotte Figi, 13-year-old Coloradan who inspired CBD reform, dies after family suspects she contracted coronavirus

Charlotte Figi, the young Colorado Springs girl whose battle with Dravet syndrome inspired changes to medical marijuana laws, has died. She was 13 years old.




old

A 16-year-old Denver girl died this week of coronavirus, school officials say

Jaqueline Paisano, who everyone knew as Jackie, died of COVID-19 complications Monday night, according to George Washington High School Principal Kristin Waters. She would have been 17 next month. She is believed to be one of the youngest people in Colorado to die from the disease caused by the coronavirus.




old

Musicians From 3 Countries Collaborate To Revive A 100-year-old Story From The Tea Gardens Of India

Karen Weed's Assam Skies Brings Together Artists, Musicians And Actors From Around The Globe. The Song Is Set To Release On Sept 25.




old

Trinity Industries Inc. v. Greenlease Holding Co.

(United States Third Circuit) - Vacated a ruling allocating the costs of cleaning up a contaminated manufacturing site. A successor company brought a contribution action against its predecessor company seeking to recover the costs it had incurred when government regulators forced it to remediate the site. The district court arrived at a percentage method of splitting the costs between the two companies, but on appeal the Third Circuit reversed and remanded for further proceedings.




old

In re Energy Future Holdings Corp.

(United States Third Circuit) - Held that a company that entered into an unconsummated merger agreement was not entitled to payment of a $275 million termination fee. The proposed merger had been approved by a bankruptcy court because one of the parties was in Chapter 11 bankruptcy. The Third Circuit held that the bankruptcy court did not err in narrowing the circumstances under which the termination fee would be triggered, resulting ultimately in no fee being paid.




old

In re Energy Future Holdings Corp.

(United States Third Circuit) - Held that a company that entered into an unconsummated merger agreement was not entitled to payment of a $275 million termination fee. The proposed merger had been approved by a bankruptcy court because one of the parties was in Chapter 11 bankruptcy. The Third Circuit held that the bankruptcy court did not err in narrowing the circumstances under which the termination fee would be triggered, resulting ultimately in no fee being paid.




old

Mission Product Holdings, Inc. v. Tempnology, LLC

(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.




old

In re Life Partners Holdings Inc.

(United States Fifth Circuit) - In the bankruptcy proceeding of an investment business that had committed securities fraud, revived some of the bankruptcy trustee's claims against individuals and entities that referred potential investors in exchange for sales commissions. Reversed a dismissal in relevant part.