inc. ABS Global, Inc. v. Inguran, LLC By feeds.findlaw.com Published On :: 2019-01-29T08:00:00+00:00 (United States Seventh Circuit) - In a dispute between two companies in the agriculture-related biotechnology field, affirmed in part and reversed in part a judgment after a jury trial. The case involved antitrust claims, patent infringement claims and an alleged breach of a confidentiality agreement. Full Article Agriculture Antitrust & Trade Regulation Patent
inc. Return Mail, Inc. v. Postal Service By feeds.findlaw.com Published On :: 2019-06-10T08:00:00+00:00 (United States Supreme Court) - Held that the U.S. Postal Service was barred here from challenging a private company's patent for a method for processing mail. Because federal agencies do not fall within the statutory definition of a person, they are ineligible to petition the Patent Trial and Appeal Board to institute patent review proceedings under the Leahy-Smith America Invents Act of 2011. Justice Sotomayor delivered the opinion of the 6-3 Court. Full Article Intellectual Property Patent
inc. Flo & Eddie, Inc. v. Sirius XM Radio, Inc. By feeds.findlaw.com Published On :: 2016-12-20T08:00:00+00:00 (Court of Appeals of New York) - Answering a certified question from the U.S. Court of Appeals for the Second Circuit, the Court held that New York common law does not recognize a right of public performance for creators of sound recordings and answered the Second Circuit's question in the negative. Full Article Intellectual Property Copyright
inc. Wal-Mart Stores, Inc. v. TX Alcohol By feeds.findlaw.com Published On :: 2019-08-15T08:00:00+00:00 (United States Fifth Circuit) - Partially affirmed, remanded. A Texas ban on public corporations obtaining package store permits did not violate Equal Protection rights, but the district court erred in finding a discriminatory nature and burden imposed by the public corporation ban. Full Article Constitutional Law Government Law Civil Procedure
inc. Bay Point Properties, Inc. v. MS Transportation Co. By feeds.findlaw.com Published On :: 2019-08-27T08:00:00+00:00 (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. Full Article Civil Procedure Constitutional Law
inc. Gemmink v. Jay Peak Inc. By feeds.findlaw.com Published On :: 2015-11-30T08:00:00+00:00 (United States Second Circuit) - In an injury action arising from a skiing accident, the district court's grant of summary judgment to defendant ski resort is affirmed where plaintiff failed to offer sufficient evidence of the link between his injuries and the assumed negligence of the defendant. Full Article Sports Law Injury & Tort Law
inc. Maloney v. T3Media, Inc. By feeds.findlaw.com Published On :: 2017-04-05T08:00:00+00:00 (United States Ninth Circuit) - In an brought by former student-athlete plaintiffs, alleging that defendant exploited their likenesses commercially by selling non-exclusive licenses permitting consumers to download photographs from the National Collegiate Athletic Association's Photo Library for non-commercial use, the district court's order granting defendant's special motion to strike and dismissing plaintiffs' claims without leave to amend is affirmed where: 1) the federal Copyright Act preempts the plaintiffs' publicity-right claims and the derivative UCL claim; and 2) in light of that holding, plaintiffs' cannot demonstrate a reasonable probability of prevailing on their challenged claims. Full Article Civil Rights Intellectual Property Commercial Law Sports Law Copyright Education Law Antitrust & Trade Regulation
inc. Riddell Inc. v. Ace American Insurance Company By feeds.findlaw.com Published On :: 2017-08-23T08:00:00+00:00 (California Court of Appeal) - In a case involving helmets worn by professional football players the manufacturers of the helmets were being sued by multiple parties, so the manufacturer sued their insurers for indemnity. The insurers wanted to continue in extended discovery and demanded logs of documents withheld during prior discovery, but the court held that a stay of discover is appropriate, while the manufacturer must also provide privilege logs, reversing the trial court's decision as to the stay and affirming its order as to the privilege logs. Full Article Civil Procedure Sports Law
inc. Los Angeles Lakers Inc. v. Federal Insurance Company By feeds.findlaw.com Published On :: 2017-08-23T08:00:00+00:00 (United States Ninth Circuit) - Affirming the district court dismissal of an action brought under diversity jurisdiction by the LA Lakers against an insurer when it denied coverage and declined to defend them in a lawsuit alleging violations of the Telephone Consumer Protection Act because the court agreed that the lawsuit was an invasion of privacy suit that was specifically excluded from coverage. Full Article Contracts Sports Law Communications Law Insurance Law
inc. North American Soccer League, LLC v. United States Soccer Federation, Inc. By feeds.findlaw.com Published On :: 2018-02-23T08:00:00+00:00 (United States Second Circuit) - Affirming the denial of the North American Soccer League's motion for preliminary injunction seeking Division II designation pending the resolution of its antitrust case against the United States Soccer Federation because they had failed to demonstrate a clear likelihood of success on the merits of their claim. Full Article Civil Procedure Sports Law Antitrust & Trade Regulation
inc. Dilley v. Holiday Acres Properties, Inc. By feeds.findlaw.com Published On :: 2018-09-25T08:00:00+00:00 (United States Seventh Circuit) - Held that two riders seriously injured while horseback riding in Wisconsin could not pursue negligence claims against trail and stable operators, because their causes of action were barred by Wisconsin's equine-immunity statute, which blocks recovery for most injuries that result from an inherent risk of equine activities. Affirmed summary judgment and judgment on the pleadings against the riders, respectively. Full Article Sports Law Injury & Tort Law
inc. Mayall v. USA Water Polo, Inc. By feeds.findlaw.com Published On :: 2018-11-28T08:00:00+00:00 (United States Ninth Circuit) - Held that a child who suffered head injuries while playing in a youth water polo league stated a claim that USA Water Polo acted negligently and unlawfully by failing to implement concussion-management and return-to-play protocols. Reversed the dismissal of a proposed class action brought by her parent on her behalf. Full Article Sports Law Injury & Tort Law
inc. Daniels v. FanDuel, Inc. By feeds.findlaw.com Published On :: 2018-11-29T08:00:00+00:00 (United States Seventh Circuit) - Affirmed the dismissal of a lawsuit in which three former college football players contended that online fantasy-sports games violated their statutory right of publicity under Indiana law by using their names, pictures, and statistics without compensation. Relied on an answer to a question that had been certified to the Indiana Supreme Court. Full Article Sports Law Gaming Law
inc. BP Exploration and Production Inc. v. Claimant ID 100281817 By feeds.findlaw.com Published On :: 2019-03-20T08:00:00+00:00 (United States Fifth Circuit) - Held that a professional basketball player was not entitled to compensation for his alleged lost earnings resulting from the Deepwater Horizon oil spill. A player for the New Orleans Hornets (now known as the New Orleans Pelicans) claimed that the spill indirectly impacted his earnings under a previously negotiated contract. On BP's appeal, the Fifth Circuit overturned the award approved by a settlement claims administrator. Full Article Sports Law Environmental Law Oil and Gas Law
inc. Agility Defense & Government Servs., Inc. v. US By feeds.findlaw.com Published On :: 2017-02-06T08:00:00+00:00 (California Court of Appeal) - In a government contractor's claim for an equitable adjustment arising out of its fixed price indefinite delivery contract with the Defense Logistics Agency (DLA)’s Defense Reutilization and Marketing Service (DRMS), the Court of Federal Claims' denial of the claim is reversed where: 1) the Claims Court's findings that DRMS did not inadequately or negligently prepare its estimates and that Agility did not rely on those estimates are clearly erroneous; and 2) Plaintiff’s receipt of scrap sales and the parties' agreement to clause H.19 do not preclude plaintiff from recovering under this claim. Full Article Government Contracts
inc. Roy Allan Slurry Seal, Inc. v. American Asphalt South, Inc. By feeds.findlaw.com Published On :: 2017-02-16T08:00:00+00:00 (Supreme Court of California) - In a government contracts dispute alleging the tort of intentional interference with prospective economic advantage, the Court of Appeals judgment overturning the trial court's judgment sustaining defendants demurrer, is reversed where plaintiffs' allegations -- that they had submitted the second lowest bids on several contracts awarded to defendant, and that their bids would have been accepted but for defendant's wrongful conduct during the bidding process -- are insufficient because: 1) public works contracts are a unique species of commercial dealings; 2) in the contracts at issue here, the public entities retained broad discretion to reject all bids; 3) the bids were sealed, and there were no postsubmission negotiations; 4) in awarding the contracts, the public entities could give no preference to any bidder based on past dealings, and were required to accept the lowest responsible bid; and 5) in these highly regulated circumstances, plaintiffs had 'at most a hope for an economic relationship and a desire for future benefit.' Blank v. Kirwan (1985) 39 Cal.3d 311, 331. Full Article Government Contracts Commercial Law Contracts
inc. Coventry Health Care of Mo., Inc. v. Nevils By feeds.findlaw.com Published On :: 2017-04-18T08:00:00+00:00 (United States Supreme Court) - In an insurance class action arising in the context of the Federal Employees Health Benefits Act of 1959 (FEHBA) authorization of the Office of Personnel Management (OPM) to contract with private carriers for federal employees' health insurance, 5 U.S.C. section 8902(a) and (d), the Missouri Supreme Court's decision, preventing federal employee insurance carries from seeking subrogation and reimbursement if there is a conflicting state law, is reversed where, because contractual subrogation and reimbursement prescriptions plainly 'relate to . . . payments with respect to benefits,' section 8902(m)(1), they override state laws barring subrogation and reimbursement. Full Article Government Benefits Labor & Employment Law Government Contracts Insurance Law Health Law Injury & Tort Law Constitutional Law
inc. City of L.A. v. AECOM Servs., Inc. By feeds.findlaw.com Published On :: 2017-04-24T08:00:00+00:00 (United States Ninth Circuit) - In third-party claims brought by the City of Los Angeles for breach of contract and contribution against contractors that allegedly breached their contractual duty to perform services in compliance with federal disability regulations in the design and construction of a bus facility, the district court's dismissal of the City's claims is reversed where: 1) Title II of the Americans with Disabilities Act and section 504 of the Rehabilitation Act did not preempt the City's state-law claims because the ADA expressly disavows preemptive federal occupation of the disability-rights field; and 2) conflict preemption also did not preclude the City's claims. Full Article Government Contracts Contracts Contracts Construction
inc. Balfour Beatty Infrastructure, Inc. v. Mayor and City Council of Baltimore By feeds.findlaw.com Published On :: 2017-04-25T08:00:00+00:00 (United States Fourth Circuit) - In a construction company's suit against a city for breach of contract, alleging that the city unlawfully assessed liquidated damages against the company for failure to complete a construction project on time, the district court’s dismissal for lack of subject matter jurisdiction is affirmed where plaintiff is not excused from the normal requirement of administrative exhaustion under Maryland law. Full Article Government Contracts Construction Contracts
inc. Prather v. Sprint Communications, Inc. By feeds.findlaw.com Published On :: 2017-04-28T08:00:00+00:00 (United States Ninth Circuit) - In a False Claims Act suit brought the U.S. Government against Sprint Communications, the district court's order denying appellant's Fed. R. Civ. P. 24(a)(2) motion to intervene as of right is affirmed where: 1) although his appeal is not moot, he did not have a significantly protectable interest in the government's False Claims Act suit; and 2) his prior filing of a related, but jurisdictionally barred, qui tam action did not entitle him to any award under the False Claims Act. Full Article Civil Procedure Government Contracts Injury & Tort Law Communications Law
inc. Call Henry, Inc. v. US By feeds.findlaw.com Published On :: 2017-04-28T08:00:00+00:00 (United States Federal Circuit) - In a breach of contract claim brought against the Government, the Court of Federal Claims' dismissal of the complaint is affirmed where plaintiff failed to state a claim for which relief could be granted, because the Government has no contractual obligation to reimburse plaintiff's pension withdrawal liability costs that were incurred pursuant to the Multi-Employer Pension Plan Amendment Act of 1980, 29 U.S.C. section 1381, et seq. Full Article Government Contracts
inc. Northwest Title Agency, Inc. v. US By feeds.findlaw.com Published On :: 2017-04-28T08:00:00+00:00 (United States Federal Circuit) - In a breach of contract action against the Government, the Court of Federal Claims grant of summary judgment in favor of the Government is affirmed where the contracts whereby plaintiff provides closing services for homes owned by the Department of Housing and Urban Development (HUD) unambiguously preclude plaintiff from charging additional closing fees. Full Article Property Law & Real Estate Government Contracts
inc. Garco Const. Inc. v. Sec'y of the Army By feeds.findlaw.com Published On :: 2017-05-09T08:00:00+00:00 (United States Federal Circuit) - In an appeal of a decision of the Armed Services Board of Contract Appeals denying plaintiff's damages claim arising out of its contract with the U.S. Army Corps of Engineers to build housing units on Malmstrom Air Force Base, the Board's decision is affirmed where there was no change to the base access policy that forced additional costs. Full Article Government Contracts
inc. Northrop Grumman Technical Service, Inc. v. DynCorp International LLC By feeds.findlaw.com Published On :: 2017-07-28T08:00:00+00:00 (United States Fourth Circuit) - Affirming the remand of a case involving a dispute between a government contractor and its subcontractor because the party seeking to remove to federal court filed an untimely notice to remove and had waived its right to remove by engaging in substantive defensive action in state court prior to filing a notice of removal by filing counterclaims in state court. Full Article Civil Procedure Government Contracts Contracts
inc. Lee's Ford Dock, Inc. v. Secretary of the Army By feeds.findlaw.com Published On :: 2017-08-02T08:00:00+00:00 (United States Federal Circuit) - Affirming the grant of summary judgment for the Army and dismissing the private party's claims for contract reformation and breach of contract in the case of a marina on land leased from the Army that was rendered unusable for a period of time while the Army reduced the water level of a lake to repair a dam. Full Article Government Contracts Contracts
inc. Progressive Industries, Inc. v. US By feeds.findlaw.com Published On :: 2018-04-30T08:00:00+00:00 (United States Federal Circuit) - Affirming the decision of the Court of Federal Claims denying a motion for reconsideration of amended judgment or, in the alternative, relief from final judgment in a dispute relating to bidding on the procurement of medical gasses by the Department of Veterans Affairs. Full Article Government Contracts Civil Procedure
inc. Moda Health Plan, Inc. v. US By feeds.findlaw.com Published On :: 2018-06-14T08:00:00+00:00 (United States Federal Circuit) - In this insurance law claim a health insurer contends that the US failed to satisfy its payment obligation under a federal health insurance pool program. The Court of Federal Claims entered judgement for the insurer. The Court of Appeals reversed the judgment stating that Congress suspended the governments obligation and that subsequent regulation did not create a contract promising full payment. Full Article Insurance Law Administrative Law Government Contracts
inc. US ex rel. Palmer v. C&D Technologies Inc. By feeds.findlaw.com Published On :: 2018-07-17T08:00:00+00:00 (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. Full Article Attorney's Fees Government Contracts
inc. US ex rel. Wood v. Allergan, Inc. By feeds.findlaw.com Published On :: 2018-08-09T08:00:00+00:00 (United States Second Circuit) - Held that a False Claims Act lawsuit had to be dismissed because it was not the first-filed case accusing the defendant pharmaceutical company of certain improper Medicare and Medicaid billing practices. The plaintiff (relator) argued that his action should be allowed to proceed because the earlier action was no longer pending. Disagreeing, the Second Circuit held that a violation of the first‐to‐file bar, which prohibits a person from bringing a related qui tam action when one is already pending, cannot be remedied by amending or supplementing the complaint. The panel reversed and remanded. Full Article Drugs & Biotech Government Contracts
inc. John Russo Industrial Sheetmetal, Inc. v. City of Los Angeles Department of Airports By feeds.findlaw.com Published On :: 2018-11-26T08:00:00+00:00 (California Court of Appeal) - Upheld an attorney fee award to a government contractor that defeated a municipality's claim brought under the California False Claims Act, even though the contractor did not prevail in the action as a whole. Full Article Attorney's Fees Government Contracts
inc. Kaanaana v. Barrett Business Services, Inc. By feeds.findlaw.com Published On :: 2018-11-30T08:00:00+00:00 (California Court of Appeal) - Held that the prevailing wage law applied here because the contractors (belt sorters at county recycling facilities) were engaged in public work. On a separate issue, addressed the statutory remedy for improperly shortening their meal periods by three to five minutes. Full Article Labor & Employment Law Government Contracts
inc. Alliance for Open Society International, Inc. v. US Agency for International Development By feeds.findlaw.com Published On :: 2018-12-20T08:00:00+00:00 (United States Second Circuit) - Held that the U.S. government could not constitutionally deny funding to fight HIV/AIDS abroad based on a foreign organization's failure to adopt a policy explicitly opposing prostitution and sex trafficking. Affirmed the issuance of a permanent injunction on First Amendment grounds. The government had been interpreting a related 2013 Supreme Court decision narrowly. Full Article Government Contracts Health Law Constitutional Law
inc. International Brotherhood of Teamsters, Local 848 v. City of Monterey Park (First Transit, Inc.) By feeds.findlaw.com Published On :: 2019-01-07T08:00:00+00:00 (California Court of Appeal) - Revived a labor union's claim that a municipality violated a law concerning contract bidding when it hired a new private company to operate its municipal bus system. Reversed a dismissal and remanded, in this case involving a statutory bidding preference tied to labor rights. Full Article Transportation Labor & Employment Law Government Contracts
inc. US v. L-3 Communications EOTech, Inc. By feeds.findlaw.com Published On :: 2019-04-04T08:00:00+00:00 (United States Second Circuit) - Held that a former qui tam relator was not entitled to share in the government's recovery against a company under the False Claims Act in light of his prior voluntary dismissal of his qui tam action. Full Article Government Contracts
inc. U.S. ex rel. Lemon v. Nurses To Go, Inc. By feeds.findlaw.com Published On :: 2019-05-07T08:00:00+00:00 (United States Fifth Circuit) - Revived a lawsuit brought by several employees of a hospice care provider alleging that their employer had billed Medicare improperly. Reversed the dismissal of their claims under the False Claims Act. Full Article Health Law Government Benefits Government Contracts
inc. Cochise Consultancy, Inc. v. US ex rel. Hunt By feeds.findlaw.com Published On :: 2019-05-13T08:00:00+00:00 (United States Supreme Court) - Clarified the statute of limitations in qui tam lawsuits. Justice Thomas delivered the Court's unanimous opinion in this case involving the False Claims Act. Full Article Civil Procedure Government Contracts
inc. Alarm Detection Systems, Inc. v. Orlando Fire Protection District By feeds.findlaw.com Published On :: 2019-07-15T08:00:00+00:00 (United States Seventh Circuit) - District court's granting of summary judgment and bench verdict for Defendant affirmed. Sherman Act claim fails where the only current feasible way to comply with Chicagoland area city commercial fire safety ordinances was to use an exclusive provider. Under Fisher v. City of Berkeley, government restraints on trade imposed unilaterally do not form the basis of a Section 1 or Section 2 claim. Full Article Antitrust & Trade Regulation Government Contracts
inc. Branches Neighborhood Corp. v. CalAtlantic Group, Inc. By feeds.findlaw.com Published On :: 2018-08-24T08:00:00+00:00 (California Court of Appeal) - Upheld an arbitrator's decision in favor of a builder in a dispute with a community association over alleged defects in construction. The association, consisting of residential condominium units, argued that its arbitration claim should not have been dismissed on summary judgment even though the association had filed the claim without first receiving the consent of its members, in violation of its declaration of Covenants, Conditions and Restrictions. Agreeing with the builder, the California Fourth Appellate District affirmed denial of the association's motion to vacate the arbitrator's decision. Full Article Construction Property Law & Real Estate Dispute Resolution & Arbitration
inc. Raam Construction, Inc. v. Occupational Safety and Health Appeals Board By feeds.findlaw.com Published On :: 2018-10-25T08:00:00+00:00 (California Court of Appeal) - Held that a general building contractor did not file a timely court challenge to a citation issued by government inspectors who found a safety violation at a job site. Affirmed dismissal of the contractor's petition for a writ of mandate. Full Article Construction
inc. Contractors' State Licensing Board v. Superior Court (Black Diamond Electric, Inc.) By feeds.findlaw.com Published On :: 2018-10-29T08:00:00+00:00 (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. Full Article Government Law Construction
inc. Travelers Property Casualty Co. v. Engel Insulation, Inc. By feeds.findlaw.com Published On :: 2018-11-30T08:00:00+00:00 (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. Full Article Insurance Law Construction
inc. M.E.S., Inc. v. Safeco Insurance Co. of America By feeds.findlaw.com Published On :: 2018-12-14T08:00:00+00:00 (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. Full Article Construction Contracts
inc. ACCO Engineered Systems, Inc. v. Contractors' State License Board By feeds.findlaw.com Published On :: 2018-12-15T08:00:00+00:00 (California Court of Appeal) - Upheld a decision of the Contractors' State License Board finding that a large contracting company violated California law by failing to obtain a building permit before replacing a boiler. Affirmed the denial of the company's writ petition. Full Article Construction
inc. JMS Air Conditioning and Appliance, Inc. v. Santa Monica Community College District By feeds.findlaw.com Published On :: 2019-01-03T08:00:00+00:00 (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. Full Article Construction Education Law
inc. Berkeley Cement, Inc. v. Regents of the University of California By feeds.findlaw.com Published On :: 2019-01-07T08:00:00+00:00 (California Court of Appeal) - Held that mediation costs fall within the category of costs that may be awarded in the trial court’s discretion. Affirmed an award to the prevailing party in this construction dispute. Full Article Civil Procedure Construction
inc. Los Angeles County Metropolitan Transportation Authority v. Yum Yum Donut Shops Inc. By feeds.findlaw.com Published On :: 2019-02-26T08:00:00+00:00 (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. Full Article Property Law & Real Estate Construction
inc. Centex Homes v. R-Help Construction Co., Inc. By feeds.findlaw.com Published On :: 2019-03-11T08:00:00+00:00 (California Court of Appeal) - Held that a subcontractor hired to install utility boxes in a residential subdivision had a contractual duty to defend the developer from a personal injury claim alleging that the plaintiff fell into a defectively constructed utility box. Reversed and remanded. Full Article Injury & Tort Law Insurance Law Construction
inc. Synergy Project Management, Inc. v. City and County of San Francisco By feeds.findlaw.com Published On :: 2019-03-14T08:00:00+00:00 (California Court of Appeal) - Upheld San Francisco's decision to order a prime contractor on a public works project to replace a subcontractor. Reversed the trial court. Full Article Construction
inc. Tanimura and Antle Fresh Foods Inc. v. Salinas Union High School District By feeds.findlaw.com Published On :: 2019-04-26T08:00:00+00:00 (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. Full Article Construction Education Law
inc. McMillin Homes Construction Inc. v. National Fire and Marine Insurance Co. By feeds.findlaw.com Published On :: 2019-06-05T08:00:00+00:00 (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. Full Article Insurance Law Construction