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Hart v. Keenan Properties

(California Court of Appeal) - Reversed a $1.6 million jury verdict in an individual's asbestos-related personal injury lawsuit. Held that there was no admissible evidence that the defendant company supplied asbestos-cement pipes to a worksite in the 1970s; the only evidence was hearsay.




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Travelers Property Casualty Co. v. Engel Insulation, Inc.

(California Court of Appeal) - Held that insurers could not sue a construction subcontractor to recover attorney fees and costs incurred in defending developers in a prior construction defect action, under the facts here. Affirmed a judgment on the pleadings.




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Yu v. Liberty Surplus Insurance Corp.

(California Court of Appeal) - Affirmed an order voiding a default judgment on procedural grounds. Held that the complaint did not provide adequate notice to sustain a default because it failed to specify the amount of damages that the plaintiff was seeking, and instead merely prayed for "damages according to proof," in this lawsuit related to the construction of a hotel.




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Culbertson v. Berryhill

(United States Supreme Court) - Held that the Social Security Act's 25 percent cap on attorney fees applies only to fees for court representation. The lower court erroneously applied the cap to the aggregate fees awarded for representation before both the agency and the court. Justice Thomas wrote the unanimous opinion, which resolved a circuit split regarding the fees that attorneys may charge Social Security claimants for representation. The decision relied on the plain meaning of the statute.




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In Re: Devan Dennis and Tyeane Halbert

(United States Seventh Circuit) - Affirmed. The Illinois Child Care Assistance Program could not collect overpayments made to debtors under the Supplemental Nutrition Assistance Program who filed for bankruptcy.




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Banking Phishing Scam - ABSA Global business customers certificate update

Malware phishing scammers targeting ABSA customers with the ZBot Trojan.




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Banking Phishing Scam - Chase Alert(SM): Notice for your Account

A fake Chase e-mail that has PHISHING written all over it.




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Oregon Natural Desert Association v. Rose

(United States Ninth Circuit) - Addressed an environmental group's challenge to the Bureau of Land Management's decisions about the route network for motorized vehicles on certain lands. Affirmed in part and reversed in part.




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Varlen Corp. v. Liberty Mutual Insurance Co.

(United States Seventh Circuit) - Held that an insurance company did not have to indemnify an insured for the cost of cleaning up groundwater contamination at its industrial sites. Affirmed summary judgment in favor of the insurer, in this case involving the policy's pollution exclusion clause.




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Robert Stevens v. Corelogic, Inc.

(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.




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ABS Entertainment, Inc. v. CBS Corp.

(United States Ninth Circuit) - Reinstated claims for violation of California law copyrights possessed in certain musical performance sound recordings. The plaintiff copyright holders argued that their decision to remaster their pre-1972 analog sound recordings onto digital formats did not bring the remastered sound recordings exclusively under the ambit of federal law. Agreeing with the plaintiffs that their state law copyright claims were not preempted, the Ninth Circuit reversed the entry of summary judgment for the defendant radio broadcasters.




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ABS Entertainment Inc. v. CBS Corp.

(United States Ninth Circuit) - In an amended opinion, reinstated musical recording owners' claims that radio broadcasters violated their state law copyrights in pre-1972 analog sound recordings that were later remastered onto digital formats. Reversed the entry of summary judgment for the broadcasters and also reversed the striking of the plaintiffs' class certification motion.




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More Ozzy TV- Arctic Monkeys 'Four Out Of Five' Video, Muse Concert Film Preview, Cliff Burton Documentary, Sevendust, Free Volbeat Show and more

More Ozzy TV- Arctic Monkeys 'Four Out Of Five' Video, Muse Concert Film Preview, Cliff Burton Documentary, Sevendust, Free Volbeat Show and more




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Bay Point Properties, Inc. v. MS Transportation Co.

(United States Fifth Circuit) - Affirmed. The district court properly dismissed a suit brought by a man whose state court award in a Takings Clause suit against state officials was unsatisfying to him. The State was entitled to sovereign immunity.




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Huerta v. City of Santa Ana

(California Court of Appeal) - Affirmed. Plaintiffs are the parents of three girls who were killed by a speeding motorist while they crossed the street in a marked crosswalk. Plaintiff brought an action against the City of Santa Ana claiming that the crosswalk qualified as a dangerous condition on public property. The appeals court did not find a dangerous condition or any peculiar condition that would trigger an obligation by the City.




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Lambert v. Nutraceutical Corp

(United States Ninth Circuit) - Reversing a district court order decertifying a class action relating to an alleged aphrodisiac called 'Cobra Sexual Energy' because the district court abused its discretion in decertifying the class on the basis of the plaintiff's inability to prove restitution damages through the full refund model because plaintiff's damages model matched his theory of liability and because his damages model was supportable on evidence that could be introduced on trial and whether plaintiff could provide damages to a reasonable certainty on the basis of his full refund model was a question of fact to be decided at trial.




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Expert Suggests Alleged Mastermind of Venezuela's Failed Coup Is 'Double Agent' Working for Maduro

The Venezuelan military defector identified as the ringleader of the botched coup attempt in Venezuela was likely working as a "double agent" for the same man he allegedly attempted to overthrow, socialist narco-dictator Nicolás Maduro, Breitbart News has learned.




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Schiff: Trump, Barr 'Can't Gaslight History' -- Flynn Was a 'Prime Counterterrorism Risk'

Friday on MSNBC's "The Beat," House Intelligence Committee chairman Rep. Adam Schiff (D-CA) said Attorney General Bill Barr's Justice Department doing President Donald Trump's "dirty work" by dropping the case against former National Security Advisor Michael Flynn was an attempt to "gaslight history."




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Calvert v. Binali

(California Court of Appeal) - Reversed a $2 million default judgment entered in favor of a plastic surgeon who sued a former patient for allegedly posting an anonymous review online commenting negatively on her plastic surgery experience. Held that faulty service by publication rendered the judgment void on its face.




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Nutraceutical Corp. v. Lambert

(United States Supreme Court) - Held that the federal rule governing appeals from orders granting or denying class certification is not subject to equitable tolling. The plaintiff contended that his failure to comply with the 14-day limit specified in Federal Rule of Civil Procedure 23(f) should be tolled, because he had acted reasonably in the particular circumstances here. Disagreeing, the U.S. Supreme Court declared that the time limit for appealing class certification rulings cannot be equitably tolled. Justice Sotomayor wrote the unanimous opinion.




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Voris v. Lampert

(Supreme Court of California) - Affirmed. Plaintiff successfully brought an action against Defendant for contract-based and statutory remedies for nonpayment of wages. On appeal Plaintiff sought to hold Defendant personally liable under a theory of common law conversion. The appeals court held that such a conversion claim is not the appropriate remedy.



  • Injury & Tort Law
  • Labor & Employment Law
  • Contracts

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Liberty Mutual Fire Insurance v. Fowlkes Plumbing

(United States Fifth Circuit) - Certified. The state Supreme Court was asked how they would interpret the subrogation waiver in common form contracting agreements, a question that has split courts nationwide.




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Voris v. Lampert

(Supreme Court of California) - Affirmed. Plaintiff successfully brought an action against Defendant for contract-based and statutory remedies for nonpayment of wages. On appeal Plaintiff sought to hold Defendant personally liable under a theory of common law conversion. The appeals court held that such a conversion claim is not the appropriate remedy.



  • Injury & Tort Law
  • Labor & Employment Law
  • Contracts

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Ethereal Wave & Neo-psychedelic World Beat Artist, Simrit, On Tour For New Album Release/Upcoming Concerts

Ethereal Wave & Neo-Psychedelic World Beat Artist, Simrit, Set To Release Her Seventh Full Length Album, 'When We Return', In Early November 2019




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New Island Entertainment Presents A F8ckin Birthday Extravaganza At Santos Party House

NIE Presents: The Hsu-nami, Fuck Your Birthday, NegativeHate, Stereobird @ Santos Party House




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Lambert v. Tesla, Inc.

(United States Ninth Circuit) - Held that racial discrimination claims under 42 U.S.C. section 1981 may be subjected to compulsory arbitration. The plaintiff in this employment discrimination case contended that Section 1981 claims cannot be forced into arbitration. Disagreeing, the Ninth Circuit affirmed an order compelling arbitration.



  • Dispute Resolution & Arbitration
  • Labor & Employment Law

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New Concert Series To Debut In Westfield, Massachusetts

New Concert Series To Debut In Westfield, Massachusetts - Tickets On Sale This Friday September 27th At 10 AM




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Chicago, IL Nolen Entertainment And Artist Brandon James Present Soulful Sunday's

Chicago, IL Nolen Entertainment And Artist Brandon James Present Soulful Sunday's. The Show Will Take Place On Sunday, October 6th, At Reggie's Chicago 2105 S State St, Chicago, IL.




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The Divertissement Connection

The quirky world of the divertissement—in an inadvertent reprise of last week's show.




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Soundgarden Countersue Chris Cornell's Widow Over Tribute Concert

The surviving members of Soundgarden have filed a counter-lawsuit




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Rolling Stones Revisit Historic Concert For Extra Licks

The Rolling Stones will be revisiting their historic 2016 show in Cuba for this week's installment of their special Extra Licks




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Pink Floyd's David Gilmour Streams Live At Pompeii Concert

David Gilmour is streaming his 2016 film, 'Live At Pompeii', as the fourth and final installment in Pink Floyd's new weekly series




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SiriusXM Mini-Concert, Relix Live Acoustic Session, Jazziz Exclusive Video Premiere And More For Two-Time Grammy Nominee Mindi Abair And Her Band The Boneshakers

#3 Billboard Chart Debut As National Coverage Continues To Grow: People Magazine, Elmore Embrace Killer New CD; Tour Dates Confirmed Through The End Of Year





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Tijerino v. Stetson Desert Project, LLC

(United States Ninth Circuit) - Reversed. The district court dismissed an action brought by exotic dancers for lack of subject matter jurisdiction. Reversing, the panel held the statutory requirement that plaintiffs must be employees as defined in the FLSA is a merits-based determination, not a jurisdictional limitation.



  • Labor & Employment Law


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Summer concerts at Hudson Gardens canceled over coronavirus concerns

Hudson Gardens has hosted concerts every summer since 1999.





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In re Calvert

(United States Seventh Circuit) - Held that the sole owner of an electrical contracting company could discharge a debt in bankruptcy. The National Labor Relations Board had ordered him to provide backpay to employees he had terminated after their attempt to unionize the company. Affirmed that the debt was dischargeable in his Chapter 7 bankruptcy proceeding.




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In Re: Devan Dennis and Tyeane Halbert

(United States Seventh Circuit) - Affirmed. The Illinois Child Care Assistance Program could not collect overpayments made to debtors under the Supplemental Nutrition Assistance Program who filed for bankruptcy.






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SIFTING Shred Downtown Los Angeles Rooftops With Smoke Grenades And Progressive Metal In New 'Stop Calling Me Liberty' Music Video

New Album The Infinite Loop Out September 27th, Guest Performance By Derek Sherinian (Sons Of Apollo, Dream Theater)




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Puerto Rico Telephone Co. v. San Juan Cable

(United States First Circuit) - In an antitrust action, alleging that defendant's petitioning of the Puerto Rico Telecommunications Regulatory Board, government officials and tribunals, and commonwealth and federal courts to prevent plaintiff's application to provide internet protocol television service violated the Sherman Act, the district court's grant of summary judgment to defendant is affirmed where the facts of the case don't subject defendant to the sham exception of the Noerr-Pennington doctrine protecting the right to petition the government.





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Micheo-Acevedo v. Stericycle of Puerto Rico, Inc.

(United States First Circuit) - Affirmed summary judgment which had denied an employee's Title VII gender discrimination and retaliation claims. A field sales representative for a company in the medical field alleged she was denied a promotion based on her sex and that she was fired in retaliation for asserting her Title VII rights. However, the First Circuit concluded that she failed to present sufficient evidence of unlawful conduct to create a genuine factual dispute.




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Jimenez-Castaner v. Liberty Mutual Insurance Co.

(United States First Circuit) - Reinstated a lawsuit alleging that an insurance company wrongfully denied coverage to a hospital medical director under a Directors and Officers insurance policy. The insurer argued that the loss was not within the scope of the insurance policy because it pre-dated the policy. Unpersuaded, the First Circuit vacated the entry of summary judgment for the insurer and remanded the case for further proceedings.




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Peaje Investments LLC v. Financial Oversight and Management Board for Puerto Rico

(United States First Circuit) - Held that a Puerto Rico Highways and Transportation Authority bondholder did not hold a statutory lien on certain toll revenues. The bondholder contended that, in response to Puerto Rico's financial crisis, the Puerto Rican government was diverting toll revenues to which the bondholder was entitled under a lien and using them for purposes other than paying the bonds. However, the First Circuit concluded that the bondholder held no statutory lien on the toll revenues.




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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.




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Kiszla: Shaken by coronavirus scare in his family, Olympic great Edwin Moses uncertain Tokyo will be safe to host Summer Games in 2021

Hunkered down in Georgia, certain his tomato plants will reach for the sun as the invisible fog of coronavirus begins to recede, Edwin Moses feels blessed. Tilling the red clay of a vegetable garden, Moses is safe at home, a 64-year-old legend filled with gratitude for health as solid as Olympic gold. The greatest hurdler […]