inc.

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.




inc.

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.




inc.

Independent Living Center of Southern California, Inc. v. Kent

(United States Ninth Circuit) - Reversed the denial of the plaintiffs' request for attorney fees following the settlement of litigation challenging California's attempt to reduce the rate of Medi-Cal reimbursement for healthcare providers by 10 percent. Remanded for further proceedings on the attorney fee request.




inc.

U.S. ex rel. Lemon v. Nurses To Go, Inc.

(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.




inc.

Vermont Railway Inc. v. Town of Shelburne

(United States Second Circuit) - Held that a town could not enforce a hazardous substances ordinance against a railroad company that was building a road salt transloading facility. The ordinance was preempted by the Interstate Commerce Commission Termination Act. Affirmed a permanent injunction against the town.




inc.

BP Exploration and Production Inc. v. Claimant ID 100217946

(United States Fifth Circuit) - Affirmed that a nonprofit organization was entitled to compensation under a settlement program that oil company BP established following the Deepwater Horizon oil spill. Upheld the claims administrator's decision.




inc.

BP Exploration and Production Inc. v. Claimant ID 100281817

(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.




inc.

BP Exploration and Production, Inc. v. Claimant ID 100141850

(United States Fifth Circuit) - Held that a manufacturer was entitled to millions of dollars in compensation for losses attributable to the Deepwater Horizon oil spill. Upheld the decision of a settlement program administrator, which was challenged by oil company BP.




inc.

BP Exploration and Production, Inc. v. Claimant ID 100261922

(United States Fifth Circuit) - Held that an Alabama-based manufacturer of commercial signs was entitled to compensation for losses attributable to the Deepwater Horizon oil spill. Upheld the decision of a settlement program administrator, which was challenged by oil company BP.




inc.

BP Exploration and Production, Inc. v. Claimant ID 100166533

(United States Fifth Circuit) - Held that an electrical contractor was entitled to compensation for losses attributable to the Deepwater Horizon oil spill. Upheld the decision of a settlement program administrator, which was challenged by oil company BP.




inc.

Claimant ID 100081155 v. BP Exploration and Production, Inc.

(United States Fifth Circuit) - Held that a short-term vacation rental business was improperly denied compensation for losses attributable to BP's 2010 oil spill. The settlement program administrator, and the district court, misinterpreted the settlement agreement's definition of a failed business. Vacated and remanded.




inc.

Sierra Club, Inc. v. US Fish and Wildlife Service

(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.




inc.

Virginia Uranium, Inc. v. Warren

(United States Supreme Court) - Held that the federal Atomic Energy Act did not preempt a Virginia law prohibiting uranium mining. While six justices agreed that the state ban on uranium mining was not preempted, they divided on broader questions concerning statutory interpretation and preemption doctrine, and thus were unable to agree on the rationale for the decision. Justice Gorsuch delivered a plurality opinion, and several justices concurred in the judgment only.




inc.

SelectSun GmbH v. Porter, Inc.

(United States Seventh Circuit) - Held that a yacht buyer may not proceed with a contract and warranty lawsuit against a yacht manufacturer. Affirmed a judgment after a bench trial, in a dispute involving the exhaust system's compliance with European Union regulatory requirements.




inc.

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.




inc.

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.




inc.

Douglas Jordan--Benel v. Universal City Studios, Inc.

(United States Ninth Circuit) - In the appeal of a breach of contract and copyright infringement case involving the movie 'The Purge,' the district court's denial of defendant's anti-SLAPP motion to strike a state law claim for breach of implied-in-fact contract, is affirmed where the breach of contract claim did not arise from an act in furtherance of the right of free speech since the claim was based on defendants' failure to pay for the plaintiff's idea, not the creation, production, distribution, or content of the films.




inc.

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.




inc.

Axiom Foods, Inc. v. Acerchem Int'l

(United States Ninth Circuit) - In a civil procedure action, arising from a copyright infringement action brought by plaintiffs, American companies in the natural foods industry, against defendant, a UK limited company, after defendant sent an email newsletter containing plaintiffs' logos to 343 email addresses, the district court's dismissal for lack of personal jurisdiction is affirmed where defendant's suit-related conduct did not create a substantial connection with California.




inc.

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.




inc.

John Wiley and Sons, Inc. v. DRK Photo

(United States Second Circuit) - Affirming the district court's grant of summary judgment to the defense in a copyright case where the assignee of certain photographs tried to sue the owner for infringement for exceeding its licensed use of certain photographs taken by photographers who had a non-exclusive licensing agreement with them because the Copyright Act doesn't permit prosecution of infringement suits by assignees that have never been the legal or beneficial owner of an exclusive right to the intellectual property.




inc.

Rentmeester v. Nike, Inc.

(United States Ninth Circuit) - Affirming the dismissal of a copyright infringement action brought by a photographer against Nike who commissioned its own photograph, similar to the photographer's, for use in the creation of the Jumpman logo because although the photo could sustain copyright the pose in the picture could not and the logo was not substantially similar to the photo.




inc.

Fox News Network, LLC v. TVEyes, Inc.

(United States Second Circuit) - Reversing a district court order finding fair use in the case of a company that enables clients to view and distribute ten-minute clips of television and radio programs produced by others because whether or not the snippets served a transformational purpose the provision of virtually all of Fox's copyrighted content deprived Fox of copyright revenue and could not be justified as fair use.




inc.

Ventura Content, Ltd. v. Motherless, Inc.

(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.




inc.

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.




inc.

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.




inc.

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.




inc.

Close v. Sotheby's, Inc.

(United States Ninth Circuit) - Affirmed in relevant part, finding that federal copyright law largely preempts California's Resale Royalties Act, Cal. Civ. Code section 986, which grants artists a right to five percent of the proceeds on any resale of their artwork under specified circumstances.




inc.

Glacier Films (USA), Inc. v. Turchin

(United States Ninth Circuit) - Reversed the denial of attorney's fees in a copyright infringement case. A man agreed to pay $750 in statutory damages to a film production company for illegally downloading a movie using a peer-to-peer network and distributing it 80 times, and the parties agreed that the court would decide whether to award attorney's fees. When the court denied fees, the production company appealed. Agreeing with the company, the Ninth Circuit held that the district court failed to correctly apply certain factors in deciding whether to award attorney fees.




inc.

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.




inc.

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.




inc.

Capitol Records, LLC v. ReDigi Inc.

(United States Second Circuit) - Affirmed a finding of copyright infringement, in a lawsuit that involved copyrighted music recordings resold through an internet platform. The suit was brought by several record companies.




inc.

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

(United States Supreme Court) - Held that the Copyright Act authorizes federal district courts to award a prevailing party only the six categories of costs specified in the general costs statute. A software manufacturer that obtained an infringement judgment against another company argued that the Act's reference to "full costs" meant that a court could award it costs beyond the six categories. The U.S. Supreme Court unanimously rejected this argument for additional costs in an opinion delivered by Justice Kavanaugh.




inc.

VHT, Inc. v. Zillow Group, Inc.

(United States Ninth Circuit) - In a copyright infringement lawsuit against the real estate website Zillow, reversed a judgment after a jury trial, in part. A photography studio claimed that Zillow violated its copyrights in photographs of homes.




inc.

Erickson Productions, Inc. v. Kast

(United States Ninth Circuit) - Affirmed that a business owner contributorily infringed copyrighted photographs by displaying them on his website. However, remanded for further proceedings on whether the infringement was willful.




inc.

BWP Media USA Inc. v. Polyvore, Inc.

(United States Second Circuit) - Revived a media company's claim that a popular website infringed its copyright in certain photographs of famous celebrities. The website, which enables users to create and share digital photo collages, has a clipper tool that lets users clip images from other websites. Reversed summary judgment in relevant part, in this case involving the Digital Millennium Copyright Act.




inc.

Malibu Textiles, Inc. v. Label Lane International, Inc.

(United States Ninth Circuit) - Revived a textile company's copyright infringement claims accusing certain competitors of illegally copying its floral lace designs. Reversed dismissals.




inc.

Media Rights Technologies, Inc. v. Microsoft Corp.

(United States Ninth Circuit) - Revived a tech company's copyright infringement claims against a competitor. Held that claim preclusion did not bar the company from asserting copyright infringement claims that had accrued after its earlier patent infringement suit against the competitor.




inc.

Universal Instruments Corp. v. Micro Systems Engineering, Inc.

(United States Second Circuit) - Held that a medical device manufacturer did not violate the intellectual property rights of a company it hired to help automate its quality testing process. The issue involved reuse of computer source code. Affirmed a JMOL.




inc.

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.




inc.

Sullivan v. Flora, Inc.

(United States Seventh Circuit) - Vacated judgment in Plaintiff’s favor. This appeal presents a question of the scope of statutory damages recoverable under the Copyright Act of 1976. The Act permits the recovery, instead of actual damages, of an award of statutory damages for all infringements of one work. The question is what constitutes “one work” for the purposes of the statute. The appeals court found error in the trial court’s determination that 33 illustrations constituted “one work” and remanded for further proceedings.




inc.

Yamashita v. Scholastic, Inc.

(United States Second Circuit) - Affirmed. Finding the plaintiff failed to name a single instance of infringement or breach of the terms of his licensing agreement with the stock photo company from which Scholastica obtained his photos, the panel affirms the district court’s dismissal.




inc.

Ergon-West Virginia, Inc. v. EPA

(United States Fourth Circuit) - Vacated the denial of an exemption from the U.S. Environmental Protection Agency's renewable fuel standard program. A small refinery sought an extension of its exemption from EPA's renewable fuel standard program, which requires refineries and other facilities to allocate a certain percentage of their fuel production to renewable fuels. When the EPA denied the request for an extension, the refinery petitioned the Fourth Circuit, which concluded that the EPA's decision was arbitrary and capricious. The panel therefore vacated the EPA's denial and remanded for further proceedings.




inc.

Sierra Club, Inc. v. U.S. Forest Service

(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.




inc.

Arandell Corp. v. CenterPoint Energy Services, Inc.

(United States Ninth Circuit) - Reinstated an antitrust claim against a wholly owned natural gas subsidiary that said it had no knowledge of its parent company's alleged price-fixing scheme that had pumped up the price of gas. The subsidiary argued that it could not be held liable for violating Wisconsin antitrust law because it was not involved in anything unlawful that its parent company may have done. Unpersuaded, the Ninth Circuit emphasized that a parent and a wholly owned subsidiary always act as a single enterprise whenever they engage in coordinated activity, and thus reversed the grant of summary judgment to the subsidiary.



  • Oil and Gas Law
  • Antitrust & Trade Regulation

inc.

Shell Offshore, Inc. v. Tesla Offshore, LLC

(United States Fifth Circuit) - Held that a company surveying the ocean floor was properly apportioned 75 percent of the liability for an accident in which its underwater sonar device struck an offshore drilling rig's mooring line. The remaining 25 percent of the liability was allocated to the operator of the chartered vessel that was pulling the sonar device. Affirmed a judgment after a jury trial.



  • Admiralty
  • Oil and Gas Law
  • Injury & Tort Law

inc.

BP Exploration and Production, Inc. v. Claimant ID 100094497

(United States Fifth Circuit) - In a case arising out of the 2010 Deepwater Horizon oil spill, held that a detrimentally impacted seafood business's monetary award under a court supervised settlement program was not properly calculated. Vacated and remanded.



  • Injury & Tort Law
  • Oil and Gas Law
  • Water Law

inc.

Clearlake Shipping PTE Ltd. v. NuStar Energy Services, Inc.

(United States Second Circuit) - Held that a bunker (marine fuel) supplier was not entitled to maritime liens against two chartered vessels to which it had physically provided marine fuel for which it was not paid. Affirmed the district court, in a case raising the question whether subcontractors were entitled to maritime liens.




inc.

Curtis v. Irwin Industries, Inc.

(United States Ninth Circuit) - Held that a worker on an offshore oil platform could not proceed with his California law claim that he was denied overtime pay. The claim was preempted under section 301 of the Labor Management Relations Act. Affirmed the dismissal, in relevant part, of his proposed class action.



  • Oil and Gas Law
  • Labor & Employment Law

inc.

Mid-Continent Casualty Co. v. Petroleum Solutions Inc.

(United States Fifth Circuit) - In an insurance coverage dispute arising from a leak in an underground fuel storage tank, affirmed in part and reversed in part. The insurer sought a declaratory judgment that it did not owe coverage because the insured had breached the Cooperation Clause in its policy, among other things.