(United States DC Circuit) - Reversed and remanded. The district court's dismissal of a tort claim as time barred was in error because at the motion to dismiss stage dismissal for statute of limitations is only possible if the plaintiff's claims are conclusively time barred on the face of the complaint.

(United States Ninth Circuit) - Reversed the dismissal of a shareholder class action against Toshiba Corp. filed by investors who alleged securities fraud. The district court dismissed their claims on jurisdictional grounds and, on appeal, the plaintiffs argued that the district court misapplied principles regarding extraterritorial applicability of U.S. securities laws set forth in Morrison v. Nat'l Australia Bank Ltd., 561 U.S. 247 (2010). The Ninth Circuit agreed with plaintiffs and reversed and remanded with instructions to allow the plaintiffs to amend their shareholder complaint against the Japanese firm to overcome the jurisdictional hurdle.

(California Court of Appeal) - Judgment for plaintiff in an action alleging intentional interference with a License Agreement, interference with plaintiff's prospective economic advantage, breach of a confidentiality agreement, and breach of confidence, arising out of defendant Actelion's notice to plaintiff that following its acquisition of defendant CoTherix, defendant Co-Therix's would discontinue development of plaintiff's drug for "business and commercial reasons," is affirmed, where: 1) defendant Actelion, by virtue of its ownership interest, is not automatically immune from tortious interference with the License Agreement; 2) the jury was properly instructed on the elements of wrongful interference with contract and properly charged with considering whether defendants "used unlawful means to interfere with the License Agreement;" and 3) the manager's privilege does not exempt a manager from liability when he or she tortiously interferes with a contract or relationship between third parties.

(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.

(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.

(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.

(United States Ninth Circuit) - Upheld the validity of a Treasury Department regulation. The provision's focus is that related business entities must share the cost of employee stock compensation in order for their cost-sharing arrangements to be classified as qualified cost-sharing arrangements. Reversed the judgment of the U.S. Tax Court.

(California Court of Appeal) - Held that a law firm was disqualified from representing a party in an unfair business practices case due to a conflict of interest. Reversed the denial of a disqualification motion.

(California Court of Appeal) - Reversed order disqualifying attorneys. The appeals court held that no evidence had been presented that Plaintiff's attorneys possessed confidential attorney-client privileged information relevant to the suit and that if there was a conflict other lawyers in the law firm could represent Plaintiff.

(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.

(California Court of Appeal) - Issuing a peremptory writ of mandate and vacating the superior court's refusal to apply the Braddock rule, requiring that the court assess demand futility as to the board in place when an amended complaint is filed in a corporate action, because the rule is consistent with relevant aspects of California law.

(United States Ninth Circuit) - Upheld an Internal Revenue Service regulation addressing the tax treatment of employee stock options. In a ruling that has tax implications for multinational companies especially, the Ninth Circuit concluded that the Tax Court erred in striking down a regulation, 26 C.F.R. section 1.482-7A(d)(2), which says that related entities must share the cost of employee stock compensation in order for their cost-sharing arrangements to be classified as qualified cost-sharing arrangements and thus avoid an IRS adjustment. The panel held that the regulation was entitled to Chevron deference.

(California Court of Appeal) - In a lawsuit to unwind a public water agency's acquisition of all of the stock of a retail water purveyor within its territory, the trial court's order refusing to unwind the transaction is affirmed where: 1) the streamlined procedures available for validating certain acts of public agencies, Code Civ. Proc.section 860 et seq., are inapplicable; 2) substantial evidence supports the trial court's factual finding that the purveyor did not become the agency's alter ego in this case; and 3) the agency did not violate article XVI, section 17.

(California Court of Appeal) - Affirming that the trial court did not abuse its discretion in dismissing a suit between Taiwanese and Japanese companies whose contract had nothing at all to do with California, but still named it as the forum for the resolution of disputes, because it was not an abuse of discretion when the court determined that suitable alternative forums exist and California had no interest in the suit.

(United States Fifth Circuit) - On rehearing of a dispute between two creditors, held that Louisiana's non-resident attachment statute allows for attachment in aid of arbitration. Further held that subject matter jurisdiction existed here under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Vacated and remanded.

(United States Seventh Circuit) - In a suit for common law trade dress of a French-press coffee maker known as the Chambord, district court's judgment in favor of the defendant is affirmed as, Article 4 of the parties' contract is clear and precise as it allows defendant to sell the coffee maker design anywhere except France - provided that it does not use the Chambord or Melior names and does not use plaintiff's supply channels for four years.

(United States Fifth Circuit) - Affirmed. The bankruptcy court's rejection of a Texas Port Authority's claims of sovereign immunity and fraud in their gambit to invalidate a bankruptcy sale that extinguished an easement they held was affirmed because there was no Eleventh Amendment violation or basis to claim fraud.

(California Court of Appeal) - Reversed the dismissal of a suit filed by a student athlete volleyball player against a community college after she was injured during a tournament game when she dove into the sand and her knee struck a rock. The community college argued that it was protected by an immunity covering field trips and excursions, as set forth in section 55220 of title 5 of the California Code of Regulations. Rejecting this argument, the Fourth Appellate District held that this provision did not apply to an injury suffered by a member of a visiting team during an intercollegiate athletic event. The panel therefore reversed an order granting a demurrer and remanded.

(United States Third Circuit) - Reinstated a False Claims Act lawsuit alleging fraud in connection with the sale of pharmaceutical drugs to nursing homes. The defendant company, which owns and operates institutional pharmacies, argued for dismissal of the qui tam action on the ground that the allegation was already known to the public, and the district court agreed. Reversing and remanding, the Third Circuit held that the relator's allegation had not previously been publicly disclosed.

(California Court of Appeal) - Held that the California Coastal Commission did not act contrary to law in refusing to certify the San Diego Unified Port District's proposed master plan amendment authorizing a hotel development project, in a reversal of the trial court.

(Supreme Court of California) - Held that an Environmental Impact Report (EIR) issued in connection with a planned retirement community must be revised. The Sierra Club and others argued that the EIR lacked sufficient discussion of the project's air quality impacts. The California Supreme Court's opinion addressed some broad issues regarding judicial review of the adequacy of EIRs.

(California Court of Appeal) - Upheld an administrative decision by the Santa Monica Community College District to allow a contractor to replace one subcontractor with another subcontractor on a construction project. Affirmed the denial of the plaintiff subcontractor's writ petition.

(California Court of Appeal) - Held that an anti-SLAPP motion was not frivolous. The motion was filed by the real parties in interest in a mandamus proceeding concerning permits for a real estate development project. Reversed a sanctions order.

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(United States Ninth Circuit) - In an amended opinion in a Freedom of Information Act case, held that the Sierra Club was entitled to certain records generated during the Environmental Protection Agency's rule-making process concerning cooling water intake structures. However, other records were protected from public release by the deliberative process privilege. Reversed in part and remanded.

(United States DC Circuit) - Petition for review denied. The EPA did not act contrary to the Resource Conservation and Recovery Act in adopting a Transfer-Based Exclusion because hazardous materials are not necessarily "discarded" when they are transferred from a generator to a reclaimer along with payment. The policy was not arbitrary or capricious.

(United States Ninth Circuit) - Stay of the district court order granting Plaintiffs injunction is not warranted. Plaintiffs sued Defendants to enjoining them from reprogramming funds from the Department of Defense toward building a barrier along our country’s southern border. The appeals court concluded that Plaintiffs have a strong likelihood that they will prevail in this litigation.

(United States Ninth Circuit) - Affirming a district court summary judgment in favor of the defense and denying attorney fees in a copyright case involving a pornographer who alleged that infringing clips were stored and displayed on the defendant's website because the Digital Millennium Copyright Act provides a safe harbor for material stored by users without the knowledge or input of the owner, who expeditiously removed infringing material when notified and did not receive a financial benefit directly attributable to infringing activity they had the right and ability to control.

(United States Fourth Circuit) - Vacated federal agency decisions approving construction of a natural gas pipeline through a national forest. Several environmental groups challenged the Bureau of Land Management's and U.S. Forest Service's rulings allowing the pipeline to be built. On a petition for review, the Fourth Circuit agreed with the environmental groups that the federal agencies failed to fully comply with the National Environmental Policy Act, the Mineral Leasing Act, and the National Forest Management Act, and therefore the appeals court vacated and remanded to the agencies for further proceedings.

(United States Fourth Circuit) - Denied a legal challenge filed by environmental groups seeking to prevent the construction of a natural gas pipeline across part of Virginia. The environmental groups argued that the Commonwealth of Virginia had improperly certified that the pipeline project would not degrade the state's water. Unpersuaded, the Fourth Circuit, which had jurisdiction over the case by federal statute, concluded that Virginia's issuance of a Clean Water Act certification was not arbitrary and capricious, and thus denied the environmental groups' petition for review.

(United States Fourth Circuit) - Vacated actions taken by two federal agencies that provided necessary approvals for the Atlantic Coast Pipeline. When the Fish and Wildlife Service and the National Park Service granted certain environmental authorizations that were needed to construct the 600-mile pipeline, which is designed to transport natural gas from West Virginia to the eastern portions of Virginia and North Carolina, environmental groups filed a petition for review of the agencies' actions. Agreeing with the environmental groups that both agency decisions were arbitrary and capricious, the Fourth Circuit vacated both administrative rulings.

(United States DC Circuit) - Dismissed. The Wehrum Memo relating to air quality was not a final agency action, so the court lacked subject matter jurisdiction to hear complaints about its contents.

(California Court of Appeal) - Reversed order disqualifying attorneys. The appeals court held that no evidence had been presented that Plaintiff's attorneys possessed confidential attorney-client privileged information relevant to the suit and that if there was a conflict other lawyers in the law firm could represent Plaintiff.

(United States DC Circuit) - Petition for review denied. The EPA did not act contrary to the Resource Conservation and Recovery Act in adopting a Transfer-Based Exclusion because hazardous materials are not necessarily "discarded" when they are transferred from a generator to a reclaimer along with payment. The policy was not arbitrary or capricious.

(United States Ninth Circuit) - Stay of the district court order granting Plaintiffs injunction is not warranted. Plaintiffs sued Defendants to enjoining them from reprogramming funds from the Department of Defense toward building a barrier along our country’s southern border. The appeals court concluded that Plaintiffs have a strong likelihood that they will prevail in this litigation.

(United States Federal Circuit) - Affirming that a chemical compound that mirrored a patented chemical compound was encompassed by the description that only portrayed one of the arrangements in the claim.

De coronacrisis luidt een nieuwe werkelijkheid in met een grote economische recessie en een anderhalvemeter-samenleving. Dat vraagt van bedrijven en instellingen een kritische blik op hun visie, ambitie en strategie. Business as usual bestaat immers niet meer. Hoe ziet die nieuwe werkelijkheid eruit? Wat betekent dat op korte en lange termijn voor jouw organisatie? Wat […]

Commissioner Chairman Dan Camp of Pennsylvania’s Beaver County on Friday slammed Gov. Tom Wolf (D) over his order excluding the county from moving into the next phase of reopening.

Data released from the California Departments of Health and Social Services on Friday show that nursing home deaths represent almost half of the coronavirus fatalities in the state.

Jeff Haste, Pennsylvania's Dauphin County Board chairman, slammed Gov. Tom Wolf (D) in a letter on Friday for keeping a bulk of businesses closed, particularly in his county, and bluntly called on Wolf to “return our state to the people (as prescribed by our Constitution) and not run it as a dictatorship.”

(United States Second Circuit) - Affirmed. Plaintiff brought class action suit against Defendant, Coca-Cola Company alleging misleading naming and marketing of “Diet Coke”. District court dismissed all claims under Federal Rule 12(b)(6). Appeals court that the adjective “diet” referred to caloric content and carries a relative meaning and not an absolute meaning.

(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.

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(United States Seventh Circuit) - Affirmed. Claims of breach of contract, emotional distress, negligence, and promissory estoppel arising from disciplinary action taken by a school against a student accused of sexual assault after extensive proceedings were defective and the case was properly dismissed.

(United States Second Circuit) - Affirmed. Plaintiff brought class action suit against Defendant, Coca-Cola Company alleging misleading naming and marketing of “Diet Coke”. District court dismissed all claims under Federal Rule 12(b)(6). Appeals court that the adjective “diet” referred to caloric content and carries a relative meaning and not an absolute meaning.

(United States Fifth Circuit) - On rehearing of a dispute between two creditors, held that Louisiana's non-resident attachment statute allows for attachment in aid of arbitration. Further held that subject matter jurisdiction existed here under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Vacated and remanded.