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US v. Johnson

(United States Seventh Circuit) - Affirmed. An unconstitutional conviction did not occur when an attorney confirmed he no longer disputed restitution while in chambers but repeated this withdrawal in open court.




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People v. Torfason

(California Court of Appeal) - Reversed. Defendant was judged a mentally disordered offender (MDO) for bipolar disorder. With his bipolar disorder in remission, a re-commitment order was sought for Defendant’s pedophilia. The appeals court held that a re-commitment order must be based on the same mental disorder that was the basis of the original commitment.




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Dutch soccer season canceled, Ajax denied title due to COVID-19




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European leagues given May 25 deadline to determine fate of season




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Ligue 1 season canceled, no sports in France until September




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PSG declared Ligue 1 champions despite early end to season




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Bundesliga season to resume May 16




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Aubusson joins esteemed Rooster’s list

WHILE most players his age have jumped two or three clubs, Mitch Aubusson has stayed loyal to the Roosters and joined some exclusive company in the process.




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US v. Vinson

(United States Fourth Circuit) - Sentence and conviction of various offenses arising from his leadership of schemes, wherein fraud was systematically utilized to keep his real estate empire afloat, are affirmed over defendant's claims that the prosecution presented insufficient evidence of the crimes alleged, that the trial court gave the jury an erroneous and prejudicial willful blindness instruction, and that his aggregate sentence of 216 months is substantively unreasonable.



  • White Collar Crime
  • Sentencing
  • Criminal Law & Procedure

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US v. Poulson

(United States Third Circuit) - Affirming the district court's findings regarding the number of victims of a multi-million dollar real estate Ponzi scheme who suffered substantial financial hardship as defined by the US Sentencing Guidelines, but vacating and remanding because the court erred in imposing the five-year occupational restriction on his three-year term of supervised release because it exceeded the statutory maximum.



  • Criminal Law & Procedure
  • White Collar Crime
  • Sentencing

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U.S. v. Sampson

(United States Second Circuit) - Reinstated federal embezzlement charges against a foreclosure referee who was also formerly a New York state senator. The defendant argued that the charges against him for allegedly embezzling escrowed funds from sales of foreclosed properties should be dismissed because the five-year statute of limitations on the offense had run. On appeal, the Second Circuit agreed with prosecutors that the district court should not have granted the defendant's motion to dismiss the charges as time-barred.



  • Criminal Law & Procedure
  • White Collar Crime
  • Elections

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US v. Dickerson

(United States Fifth Circuit) - Affirmed the conviction and sentence of a law firm office manager for participating in a scheme to defraud insurance companies by submitting client claims for fraudulent chiropractic treatments. The conviction was for conspiracy and mail fraud.



  • Criminal Law & Procedure
  • Sentencing
  • White Collar Crime

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BSG Tech LLC v. BuySeasons, Inc

(United States Federal Circuit) - Affirmed. Plaintiff sued defendant for infringement of several patents related to systems and methods for indexing information stored in wide access databases. The district court agreed with the defendant and held all asserted claims invalid as ineligible under 35 U.S.C. section 101.




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Ericsson Inc. v. Intellectual Ventures I, LLC

(United States Federal Circuit) - Vacated and remanded a decision of the U.S. Patent and Trademark Office Appeals Board (PTO Board) that certain claims relating to a wireless communications system are not patentable. In vacating and remanding, the Federal Circuit reasoned that the PTO Board did not consider portions of plaintiff’s reply.




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Wilson v. Dynatone Publishing Co.

(United States Second Circuit) - Held that a copyright ownership claim was timely filed. The statute of limitations was not triggered by the defendants' act of registering their competing claim of ownership in the Copyright Office. Denied a petition for rehearing, in a dispute over ownership of renewal term copyrights in certain musical compositions and sound records.




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2019 CFL Awards: Banks takes MOP, Jefferson named top defender




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107th Grey Cup primer: Can Bombers crush Ticats' dream season?




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Eskimos fire head coach Jason Maas after 4 seasons




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Report: Ex-Stamps DB Roberson to sign with Bears




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Jefferson agrees to 2-year extension with Blue Bombers




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CFL delays beginning of season due to COVID-19




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CFL commissioner: 'Our most likely scenario is no season'




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Warringah aim high for season

SATURDAY marks the start of another Sydney Shires season – and Warringah are gunning for the top four.




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COOK MARTIN POULSON PC v. SMITH

(UT Court of Appeals) - No. 20180488-CA




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Kifle-Thompson v. State Board of Chiropractic Examiners

(California Court of Appeal) - The denial of a petition for writ of administrative mandate to review the decision of the State Board of Chiropractic Examiners (Board) revoking petitioner's chiropractic license, is affirmed as the Board's findings are supported by substantial evidence and petitioner's other claims of error are meritless.




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Earl v. State Personnel Bd.

(California Court of Appeal) - In this case, plaintiff parole agent was disciplined by his employer, the California Department of Corrections and Rehabilitation, for conducting a purportedly unlawful search of a residence. After an administrative hearing, the discipline was upheld by defendant State Personnel Board. Denial of plaintiff's administrative mandamus petition seeking to overturn the Board's decision is reversed, where: 1) plaintiff was entitled to actual notice of the contents of the "Letter of Intent" within one year of the date of discovery, not constructive notice by mail as perfected by his employer; and 2) service by mail was untimely as it was received after the outer limit of the relevant notification period.




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Soarus LLC v. Bolson Materials International Corp.

(United States Seventh Circuit) - Held that a company did not violate a nondisclosure agreement by including particular information in a patent application for a 3D printing process. Affirmed summary judgment against a breach-of-contract claim brought by the other party to the nondisclosure agreement, a distributor of specialty polymers.




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Ben Morrison is a Wanderers net-finder

FINDING the net for the Wanderers fulfilled one of teenage soccer star Ben Morrison’s dreams — but he has higher goals in his sights.




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Wicks claims Robertson victory

THE WAITING is over for voters in the marginal seat of Robertson, with Liberal MP Lucy Wicks claiming victory three days after election day, despite an evident swing to Labor.




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Echeverria v. Johnson & Johnson

(California Court of Appeal) - Affirmed judgment notwithstanding verdict (JNOV) in favor of Defendants in part and granted new trial. Defendants, Johnson & Johnson and Johnson & Johnson Consumer Inc. (JCCI) manufactured talcum products that Plaintiff’s allege caused injury. The jury found in favor of Plaintiff, awarding compensatory and punitive damages. Defendants filed a motion for JNOV as to liability and punitive damages and for a new trial. The trial court granted the motions. The appeals court affirmed the JNOV in favor of Johnson & Johnson, but partially reversed as to Defendant, JCCI. Appeals court found no malice to support punitive damages, but found causation evidence in conflict and affirmed granting a new trial to JCCI.




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Severson & Werson v. Sephery-Fard

(California Court of Appeal) - Reversed. Plaintiff filed a petition for a workplace violence restraining order against Defendant using the mandatory Judicial Council form. The trial court granted the workplace violence restraining order. Appeals court reversed concluding that Defendant was not afforded the required notice under Code of Civil Procedure 527.8 and reversed the ruling.




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Dickinson v. Cosby

(California Court of Appeal) - Affirmed. Plaintiff claimed that Defendant, Cosby, raped her in 1982. Defendant responded by claiming Plaintiff was lying in several press releases. Plaintiff filed suit for defamation. Cosby moved to strike the complaint under the anti-SLAPP statute. The trial court denied Cosby's motion to strike and the appeals court held that none of Plaintiff’s claims were barred by the anti-SLAPP statute.




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Wilson v. County of San Joaquin

(California Court of Appeal) - Reversed. Plaintiff pled no contest to a felony charge of child abuse for injuries to his infant son, but filed this suit against Defendant, Fire Department, for the emergency medical aid that allegedly led to the death of his infant son. Defendant filed a summary judgment motion that was granted by the trial court on the grounds of government immunity. The appeals court held that government immunity applies to situations where fire fighters are supplying firefighting services, not emergency medical services.




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Doe v. McKesson

(United States Fifth Circuit) - Petition for rehearing granted. A lawsuit by a police officer hit by a thrown object during a protest against Black Lives Matter was properly dismissed, but his suit against the protest organizer should have been permitted to proceed.




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Al-Tamimi v. Adelson

(United States DC Circuit) - Revived Palestinian nationals' claims that pro-Israeli Americans engaged in a civil conspiracy to expel all Palestinians from the Gaza Strip and the West Bank by funneling millions of dollars to Jewish settlements there. The defendants contended that the case raised nonjusticiable political questions and should be dismissed for lack of subject matter jurisdiction. Disagreeing, the D.C. Circuit reversed a dismissal and remanded for further proceedings.




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Republic of Sudan v. Harrison

(United States Supreme Court) - Addressed a question concerning a method of serving civil process on a foreign state. The Republic of Sudan argued that a mailing must be sent directly to the foreign minister's office in the foreign state, not to the foreign state's U.S. embassy. The U.S. Supreme Court agreed with Sudan's argument in an 8-1 decision. Justice Alito delivered the Court's opinion, in this case arising out of the 2000 bombing of the Navy vessel USS Cole.




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Lawson v. FMR LLC

(United States Supreme Court) - The whistleblower protection provisions of the Sarbanes-Oxley Act of 2002 contained in 18 U. S. C. section 1514A include employees of a public company's private contractors and subcontractors when they report covered forms of fraud.




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Mosier v. Stonefield Josephson, Inc.

(United States Ninth Circuit) - In a tort action brought by a court-appointed receiver against defendant accountants who audited the financial statements of PEMGroup, whose former directors and managers defrauded $950 million from investors, the district court's grant of summary judgment to defendants is affirmed where the receiver failed to raise a genuine issues as to causation by failing to show that the involved companies or its investors relied on the audits at issue.




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IN RE: HUDSON v. ALLEY HOUSING DEVELOPMENT FUND COMPANY

(NY Supreme Court) - 528980




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Anderson v. State Farm Mutual Automobile Insurance Co.

(United States Ninth Circuit) - Affirmed that an insurance company timely removed an insurance coverage case to federal court by filing a notice of removal within the statutory 30-day time limit. The clock began to run only when the insurance company actually received the insured's complaint, not when its statutorily designated agent did.




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Cooke v. Jackson National Life Insurance Co.

(United States Seventh Circuit) - Held that a policyholder who successfully sued a life insurance company was not entitled to an award of attorney fees. Reversed the fee award, in this diversity jurisdiction case.




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American Homeland Title Agency, Inc. v. Robertson

(United States Seventh Circuit) - Affirmed. A company found, during a random audit by the Indiana Department of Insurance, to have committed hundreds of regulatory violations that entered into an agreement to pay a fine and relinquish its licenses could not subsequently sue the Department's commissioner alleging discrimination for their out-of-state residency without providing a valid reason to void the agreement.




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Wilson v. Cable News Network, Inc.

(Supreme Court of California) - Affirmed in part and reversed in part. Plaintiff filed suit for employment discrimination, retaliation and defamation. Defendant filed an anti—SLAPP motion, Code of Civil Procedure section 425.16. The Supreme court held that the anti-SLAPP statute is applicable to the claims of discrimination and retaliation, but not to the defamation cause of action because it was not made in connection with any issue of public significance.




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Dawson v. NCAA

(United States Ninth Circuit) - Affirmed. Held that Division I football players were not employees of the NCAA because the economic realities for student-athletes do not match an employer/employee relationship. The district court’s dismissal of an athlete’s Fair Labor Standards Act claim is affirmed.



  • Labor & Employment Law

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Yochim v. Carson

(United States Seventh Circuit) - Affirmed. The US Department of Housing and Urban Development did not fail to reasonably accommodate an employee that had previously taken advantage of a telecommute policy following hand surgery when, following restructuring and performance deficiencies, they revoked her telecommute privileges.




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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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Professional Tax Appeal v. Kennedy-Wilson Holdings, Inc.

(California Court of Appeal) - Reinstated an unjust enrichment claim brought by a tax specialist that had helped a landowner reduce delinquent property taxes. Held that a foreclosure sale purchaser of the land had reason to know that the tax specialist had a contractual interest in a percentage of the tax refund. Reversed dismissal of the tax specialist's unjust enrichment claim against the foreclosure sale purchaser.




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Benenson v. Commissioner of Internal Revenue

(United States Second Circuit) - Held that a husband and wife were not liable for a 2008 tax deficiency. The IRS had applied the substance‐over‐form doctrine to recharacterize various lawful tax‐avoiding transactions as tax‐generating events for the taxpayers, their adult sons, a family trust, and a family‐controlled corporation. Reversed the tax court.




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US v. Johnson

(United States Seventh Circuit) - Affirmed a restitution order against a defendant who was convicted of preparing false tax returns for clients.




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Dawson v. Steager

(United States Supreme Court) - Held that West Virginia unlawfully discriminated against a U.S. Marshalls Service retiree when it gave a generous pension tax benefit only to state or local retirees who served in law enforcement. The plaintiff relied on a federal statute that, broadly speaking, bars states from taxing the compensation of federal employees differently from state employees. In a unanimous opinion written by Justice Gorsuch, the U.S. Supreme Court agreed with him that West Virginia's tax rule unlawfully disfavored federal retirees.