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Contractors' State Licensing Board v. Superior Court (Black Diamond Electric, Inc.)

(California Court of Appeal) - Held that an electrical contractor could not proceed with its lawsuit challenging a state licensing board's disciplinary decision, because the contractor was required to exhaust its administrative remedies before filing suit. Granted the licensing board's petition for a writ of mandate.




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SI 59 LLC v. Variel Warner Ventures, LLC

(California Court of Appeal) - Affirmed the dismissal of a property owner's negligence, breach of contract, and other claims arising out of a building construction dispute.




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M.E.S., Inc. v. Safeco Insurance Co. of America

(United States Second Circuit) - Held that a general contractor could not proceed with its breach-of-contract and other claims against an insurance company that had issued surety bonds in connection with several federal construction projects. Affirmed dismissal of the general contractor's claims.




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SummerHill Winchester LLC v. Campbell Union School District

(California Court of Appeal) - Affirmed that a school district failed to take the proper steps to enact a fee on new residential development within the district to fund the construction of school facilities. Held that the fee study did not contain the data required to properly calculate a development fee.




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JMS Air Conditioning and Appliance, Inc. v. Santa Monica Community College District

(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.




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Aspic Engineering and Construction Co. v. ECC Centcom Constructors, LLC

(United States Ninth Circuit) - Held that an arbitrator made an "irrational" decision in a contract dispute between two government contractors. Affirmed the district court's vacatur of the arbitration award, in this case involving contracts to construct buildings and facilities in Afghanistan.




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Los Angeles County Metropolitan Transportation Authority v. Yum Yum Donut Shops Inc.

(California Court of Appeal) - Held that a donut shop that was condemned through eminent domain because it was in the path of a proposed rail line was entitled to compensation for its lost goodwill. Reversed and remanded.




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Tanimura and Antle Fresh Foods Inc. v. Salinas Union High School District

(California Court of Appeal) - Held that a school district could impose school impact fees on an agricultural company's new residential housing complex even though it was intended to house only adult seasonal farmworkers. Reversed the decision below.




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McMillin Homes Construction Inc. v. National Fire and Marine Insurance Co.

(California Court of Appeal) - Held that an insurance company owed a duty to defend a general contractor who was being sued by homeowners over alleged roofing defects. The case involved a commercial general liability insurance policy issued to a roofing subcontractor. Reversed the decision below.




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Capsco Industries, Inc. v. Ground Control, LLC

(United States Fifth Circuit) - Affirmed. A subcontractor did not owe a duty to indemnify a company for its expenditures in labor and materials in a construction project.




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Precision Framing Systems Inc. v. Luzuriaga

(California Court of Appeal) - Affirmed. Plaintiff performed framing work on a commercial building owned by Defendant. Plaintiff was not paid for his work and filed a mechanic’s lien. Defendant complained of problems with some of the framing and Plaintiff performed repair work. Plaintiff filed this action to foreclose on its mechanic’s lien. The trial court granted Defendant summary judgment ruling that the mechanic’s lien was filed prematurely, before Plaintiff had ceased work. The appeals court agreed.




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Cappetta v. Social Security Administration

(United States Second Circuit) - Held that the Social Security Administration was justified in imposing an assessment and penalty on a recipient of disability benefits who failed to report work activity. The benefit recipient disputed that his failure to report earnings was material. While rejecting his legal challenge, the Second Circuit held that the agency lacked substantial evidence to support the amounts of the assessment and penalty, and therefore vacated and remanded.




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Harrington v. Berryhill

(United States Seventh Circuit) - Declined to hear a challenge to Treasury Offset Program regulations. A law firm ended up with nothing in legal fees because the government administratively offset fees awarded to its Social Security recipient clients under the Equal Access to Justice Act against the clients' various debts to the government. On appeal, the Seventh Circuit held that the offset matter was better suited for a separate action under the Administrative Procedure Act, and declined to exercise ancillary jurisdiction over a collateral challenge to the pertinent regulations.




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Lockwood v. Commissioner of Social Security Administration

(United States Second Circuit) - Held that the Social Security Administration erred in denying an individual's disability insurance benefits application. Reversed the district court and remanded for further proceedings.




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Hoag Memorial Hospital Presbyterian v. Kent

(California Court of Appeal) - Held that a hospital waited too long to file an administrative appeal challenging a reduction in Medi-Cal reimbursements. Affirmed that the filing was untimely.




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D.C. Association of Chartered Public Schools v. District of Columbia

(United States DC Circuit) - Vacated and remanded. The district court dismissed claims by a group of chartered schools complaining about school funding practices but the case was vacated and remanded for dismissal because they lacked jurisdiction to hear the claims in the first instance.




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Boucher v. AGRI

(United States Seventh Circuit) - Reversed. The removal of nine trees on a family farm in Indiana did not convert a family farm from wetlands into croplands, rendering it ineligible for USDA benefits that would have otherwise been available.




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Johnson v. Housing Authority of City of Oakland

(California Court of Appeal) - Reversed. Defendant, housing authority, terminated Plaintiff’s federally funded subsidized housing program. The trial court ordered Defendant to vacate its order. The appeals court found that there was nothing in the Defendant’s hearing of termination that indicated an abuse of discretion and reversed the trial court’s ruling.




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Rodriguez v. Workers' Comp. Appeals Bd

(California Court of Appeal) - Plaintiff applied for disability retirement. His employer disputed his retirement and his claim of industrial causation. The Workers’ Compensation Appeals Board found that the disability was industrial, but that he was barred from receiving retirement benefits because his claim was untimely. The appeals court held that the industrial causation claim was timely and reversed the WCAB order and remanded with directions to grant Plaintiff’s claim.




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Mick Martin's Blues Party, April 4, 2020




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Mick Martin's Blues Party, April 11, 2020




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Mick Martin's Blues Party, April 18, 2020




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Mick Martin's Blues Party, April 25, 2020




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British Airways Phishing Scam - British Airways E-ticket receipts

Britis Airways E-ticket Phishing scam




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Verizon Phishing Scam - Verizon wireless online bill.

Your Verizon Wireless bill from the IRS. Wow, they must be serious about collecting the outstanding amount, because they called fridaysug85 to do the collection!




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Inheritance Fund Scam - Partnership Request by David Tanguay

This is not an e-mail from David Tanguay, it is from oldest-trick-in-the-book-419-scammer.




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Inheritance Fund Scam - Mrs. Martha Moran Sanz

An inheritance fund scammer that requires you to eat the documents to get the funds.




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Charity Scam - YANG SEA FOOD LTD

A woman from Cambodia who is dying scam you.




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Inheritance Fund Scam a.k.a. Next of Kin Scam - Please Contact Me

Larry the 419 scammer is sorry for invading your privacy.




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Charity Scam - Further Information :

A response from Fang Wengen, the lawyer of Mrs Yang Huiyan




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Charity Scam - From Mrs Sulak

Mrs Sulak is dying, but she will always stay alive, long enough for someone to reply. That's 419 scam law!




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High Priority Package Delivery Scam - Delivery Notification

Rosa Daniel wants you to come to Rome to pick up a high priority package.




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Standard Bank Phishing Scam - Debit Order Authorization

A Liberty Life Debit Order Authorization from Microsoft, via Standard Bank. This is enough to make anyone confused. Clearly these phishing scammers did not think this one through.




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Donations Scam - Attention: From Gloria Mackenzie 9/9/2014

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




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Charity Scam - YOUR DONATION FUND(REPLY)

Margaret Loughrey wants to give you some of her winnings... not really... 419 scammers are piggybacking on her story, which is already OLD news.




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LAJIM, LLC v. General Electric Co.

(United States Seventh Circuit) - Held that adjoining landowners were not entitled to injunctive relief against a company whose manufacturing plant had polluted the groundwater, in an action under the citizen suit provision of the Resource Conservation and Recovery Act. The plaintiffs did not demonstrate a need for injunctive relief, because state environmental regulators had already sued the company and the two were working together on remedial steps. Affirmed the ruling below.




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Southwestern Electric Power Co. v. EPA

(United States Fifth Circuit) - Invalidated portions of an Environment Protection Agency final rule regarding waste streams from steam-electric power plants. Remanded to the agency for reconsideration in regard to legacy wastewater and combustion residual leachate, in this challenge brought by environmentalists, utilities and others.




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Western Watersheds Project v. Grimm

(United States Ninth Circuit) - Revived conservationist groups' challenge to the federal government's participation in the killing of gray wolves in Idaho. Reversed a dismissal for lack of Article III standing and remanded.




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San Diego Gas and Electric Co. v. San Diego Regional Water Quality Control Board

(California Court of Appeal) - Upheld a cleanup and abatement order issued to a utility company, which was found to be a responsible party for pollution in San Diego Bay, nearby which it operated a power plant for many years. Affirmed the denial of the company's petition for writ relief.




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In re Deepwater Horizon

(United States Fifth Circuit) - In a case involving the Deepwater Horizon Class Action Settlement Agreement, held that the district court erred in analyzing certain business claims for economic loss. The issue had to do with the process of matching revenues and expenses. Reversed and remanded.




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Valbruna Slater Steel Corp. v. Joslyn Manufacturing Co.

(United States Seventh Circuit) - Affirmed. A steel mill could be sued under the Comprehensive Environmental Response Compensation and Liability Act but Indiana's Environmental Legal Actions Statute was precluded. The suit was timely and equitable contribution rulings were proper.




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Union of Medical Marijuana Patients v. City of San Diego

(Supreme Court of California) - Reversed. The City of San Diego authorized medical marijuana dispensaries. It decided that the dispensaries did not constitute a project for the purposes of the California Environmental Quality Act, so an environmental review was not necessary. Plaintiff challenged the failure to conduct an environmental review. The appeals court agreed with the City’s assessment. The Supreme court ruled that an improper test was applied under Public Resources Code section 21065 to determine whether a review was necessary or not. The case was remanded for further proceedings.




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Refined Metals Corp. v. NL Industries, Inc.

(United States Seventh Circuit) - Affirmed. A lawsuit relating to who should pay for the cleanup of a contaminated site was dismissed because the limitations period had expired by the time the plaintiff filed suit.




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Mavrix Photographs, LLC. v LiveJournal, Inc.

(United States Ninth Circuit) - In a copyright dispute arising out of photographs posted online on defendant's social media website, the district court's summary judgment that defendant was entitled protected by the safe harbor of the Digital Millennium Copyright Act is reversed where: 1) the safe harbor set forth in 17 U.S.C. section 512(c) would apply if the photographs were posted at the direction of users; 2) defendant posted the photographs after a team of volunteer moderators, led by an employee of the defendant, reviewed and approved them; 3) the common law of agency applied to the defendant's safe harbor defense; and 4) there were genuine factual disputes regarding whether the moderators were the defendant's agents.




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Disney Enterprises, Inc. v. Vidangel, Inc.

(United States Ninth Circuit) - Affirming a preliminary injunction against a company whose business involved purchasing physical copies of copyrighted movie and television shows, censoring objectionable content, and then ripping digital copies of their edited versions to stream to customers because the Family Movie Act and the anti-circumvention provision of the Digital Millennium Copyright Act did not permit the defendant's activities.




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Oracle USA, Inc. v. Rimini Street, Inc.

(United States Ninth Circuit) - Partially affirming, partially reversing, and vacating the district court's judgment after jury trial in favor of Oracle on its copyright claims against a provider of third party support, affirming judgments of infringement, but reversing judgment as to California and Nevada statutes that weren't violated by use of automated tools, reducing damages accordingly, and vacating the permanent injunction and reversing the award of attorney's fees.




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BMG Rights Management LLC v. Round Hill Music LP

(United States Fourth Circuit) - Affirming in part, reversing in part, and remanding a case alleging copyright infringement seeking to hold a high-speed internet provider contributorily responsible for infringement of a music publisher's copyrights, affirming the trial court's determination that the defense was not entitled to a safe harbor defense, but reversing, vacating, and remanding on account of errors in jury instructions.




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Great Minds v. FedEx Office and Print Services, Inc.

(United States Second Circuit) - Affirming a district court judgment dismissing a copyright infringement suit brought by a producer of educational materials against FedEx for their duplication of the products on behalf of school districts, whose use was licensed as noncommercial, because the distinction between their use and FedEx's facilitation of their use should have been explicitly laid out in the license they gave the schools.




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Oracle America, Inc. v. Google LLC

(United States Federal Circuit) - Reversing a district court determination that Google's use of Oracle's Java Standard Edition platform programming interface in its Android operating system was fair use and decisions denying Oracle's motion for judgment as a matter of law and remanding for a determination of damages.




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Cortes-Ramos v. Sony Corporation of America

(United States First Circuit) - Reversing an order granting a motion for attorney fees under the Copyright Act in a case involving a songwriting contest Sony co-sponsored that had been dismissed with prejudice because it was subject to a mandatory arbitration agreement signed when the plaintiff entered the contest because the removal to arbitration did not quality the defendants as having been the prevailing party.