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Advocate Health Care Network v. Stapleton

(United States Supreme Court) - In a class action under the Employee Retirement Income Security Act of 1974 (ERISA) against church-affiliated nonprofits that run hospitals and other healthcare facilities, brought by current and former employees of the hospitals, alleging that the hospitals' pension plans do not fall within ERISA's church-plan exemption because they were not established by a church, the Seventh Circuit's judgment affirming the District Court's decision that a plan must be established by a church to qualify as a church plan, is reversed where a plan maintained by a principal-purpose organization qualifies as a 'church plan,' regardless of who established it.



  • Tax-exempt Organizations
  • Labor & Employment Law
  • ERISA

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American Entertainers, LLC v. City of Rocky Mount, North Carolina

(United States Fourth Circuit) - Affirming the district court's rejection of First Amendment violation claims brought by an exotic dancing venue complaining that a city regulates sexually oriented businesses differently than it does mainstream performances such as ballets and concerts, that the law violates the Equal Protection Clause of the Fourteenth Amendment by barring 18 to 21 year olds from owning sexually oriented businesses, but finding that the district court erred in rejecting a claim that the denial provisions of the licensing regulation are an unconstitutional prior restraint, striking this provision from the Ordinance and remanding to consider its severability.




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Guthrie Healthcare Systems v. ContextMedia, Inc.

(United States Second Circuit) - In a trademark suit brought by a provider of healthcare services against a provider of digital health-related content, the District Court's injunction which prohibited defendant from using its marks within plaintiff’s geographic service area, but placed no restriction on defendant's use of its marks on the Internet or outside plaintiff's service area, is affirmed but remanded for expansion of the injunction's scope, where the current limitations placed on defendant were based on an incorrect standard and fail to give plaintiff and the public adequate protection from likely confusion.




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Obduskey v. McCarthy and Holthus LLP

(United States Supreme Court) - Held that a business engaged in nonjudicial foreclosure proceedings was not a "debt collector" under the Fair Debt Collection Practices Act. A homeowner claimed that the business violated certain statutory requirements in carrying out a foreclosure on behalf of a lender. Rejecting this argument, the U.S. Supreme Court held that the Act was inapplicable to this nonjudicial foreclosure proceeding. Justice Breyer delivered the opinion for a unanimous Court, clarifying the statute's definition of debt collector.




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PDR Network, LLC v. Carlton Harris Chiropractic, Inc.

(United States Supreme Court) - Addressed whether the Telephone Consumer Protection Act prohibits unsolicited fax advertisements that promote free goods, such as no-cost magazine subscriptions and catalogs. The specific issue here had to do with whether the district court was required to adopt the Federal Communications Commission's interpretation of the statute. The U.S. Supreme Court stated that it found the question difficult to answer, and remanded with directions for the lower courts to resolve two preliminary issues. Justice Breyer delivered the Court's opinion.




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North Carolina Dept. of Revenue v. Kimberley Rice Kaestner 1992 Family Trust

(United States Supreme Court) - Clarified the limits of a State's power to tax a trust. Struck down a North Carolina requirement that a trust must pay income tax to the State whenever the trust's beneficiaries live in the State -- regardless of whether the beneficiaries have received, can demand, or will ever receive a distribution of trust income. Justice Sotomayor delivered the opinion for a unanimous Court, in this due process challenge brought by a family trust.




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Oscar Melendez v. Kevin McAleenan, Acting Secy, et

(United States Fifth Circuit) - Vacated and complaint dismissed. Plaintiff sought declaratory judgment against Defendant, Homeland Security, claiming that DHS improperly denied application for legal permanent resident. Appellate court held that Plaintiff failed to state a legally cognizable claim.




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Need help planning my career?! : urbanplanning

#architektura #architekt #dom #design




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Winners of Tickets to Carmen

More than 140 years after its premiere, Carmen remains one of the world’s favourite operas, continuing to inspire contemporary music, fashion and film.




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With other sports paused, this budding NASCAR star is making the (virtual) leap




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Nobel Biocare Services AG v. Instradent USA, Inc.

(United States Federal Circuit) - A company appealed from the determination in an inter partes review that certain claims of its patent directed to dental implants were unpatentable. Affirming, the Federal Circuit concluded that the Patent Trial and Appeal Board did not err in its anticipation finding.




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Cops nab car-dodging kitten

A lucky kitten is looking for a home after miraculously navigating six lanes of high-speed traffic on a major freeway yesterday.




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Nobel Biocare Services AG v. Instradent USA, Inc.

(United States Federal Circuit) - A company appealed from the determination in an inter partes review that certain claims of its patent directed to dental implants were unpatentable. Affirming, the Federal Circuit concluded that the Patent Trial and Appeal Board did not err in its anticipation finding.




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Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc.

(United States Supreme Court) - Held that an inventor's sale of an invention to a third party who is obligated to keep the invention confidential can qualify as prior art for purposes of determining the patentability of the invention. The dispute here involved two pharmaceutical companies that disagreed about whether a certain drug was under patent; one of the companies wanted to market a generic version of it. Justice Thomas delivered the unanimous opinion.




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Cardinals sign ex-CFL quarterback Streveler




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Aerobics ace Carissa Uno reaches new heights in Las Vegas

WHAT happens in Vegas typically stays in Vegas, but Carissa Uno will take everything she learned at a gymnastics tournament in Sin City to inspire her to greater heights.




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AMN Healthcare, Inc. v. Aya Healthcare Services, Inc.

(California Court of Appeal) - In a dispute involving two competing healthcare companies, held that nurse recruiters who left one company to join the other did not breach clauses in their contracts that prohibited them from soliciting other employees to leave, because those clauses were unenforceable here. Affirmed summary judgment for the defendants.




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Lomeli v. State Dept. of Health Care Services

(California Court of Appeal) - Affirmed. Plaintiff sued medical providers for birth injuries that were paid for through Medi-Cal. The Department of Health Care Services put a lien on the monies recovered from the medical providers. Plaintiff sought to remove lien. Court held that Medi-Cal was entitled to repayment and upheld the lien.




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Hernandez v. Enterprise Rent-A-Car Co.

(California Court of Appeal) - Affirmed. Plaintiff filed suit against Defendant for injuries sustained in an automobile accident. Plaintiff contended that Defendant was strictly liable for an alleged automobile defect that caused injury. The trial court granted summary judgment to Defendant stating that Plaintiff had failed to establish Defendant acquired successor liability for the alleged defect.




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Valentine v. Plum Healthcare Group, LLC.

(California Court of Appeal) - Affirmed order denying petition to compel arbitration. Plaintiffs attempted to enforce arbitration in an action for elder abuse and wrongful death at a skilled nursing facility. The trial court determined that the successor in interest was bound by the agreement to arbitrate, but the children of the decedent were not so bound. The trial court denied the petition to arbitrate to prevent inconsistent findings if both arbitration and litigation proceeded concurrently. The appeals court agreed.



  • Injury & Tort Law
  • Dispute Resolution & Arbitration
  • Elder Law

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Lopez v. Bartlett Care Center, LLC

(California Court of Appeal) - Affirmed. Defendant, a skilled nursing facility, appealed an order denying its petition to compel arbitration for claims of negligent, elder abuse and wrongful death. The trial court found that the claims were not arbitratable because there was no arbitration agreement between Defendant and the decedent.



  • Injury & Tort Law
  • Dispute Resolution & Arbitration

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In re Picard

(United States Second Circuit) - Held that a bankruptcy trustee may attempt to obtain property that Bernard Madoff's investment firm transferred to foreign entities that subsequently transferred it to other foreign entities. The transferees contended that the Bankruptcy Code's provisions did not extend extraterritorially in this manner. Disagreeing, the Second Circuit held that neither the presumption against extraterritoriality nor international comity principles barred the trustee from recovering in these consolidated actions. The panel vacated the bankruptcy court judgments and remanded.




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Adhav v. Midway Rent A Car, Inc

(California Court of Appeal) - Affirmed. Plaintiff brought a class action against Defendant alleging Insurance Code violations and unfair business practices for the insurance rates Defendant charged in its car rental business. The trial court found no illegal or fraudulent business practice or any economic injury. Judgment was entered in favor of the Defendant.




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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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Tricarichi v. Commissioner of Internal Revenue

(United States Ninth Circuit) - Affirming a U.S. Tax Court decision, held that the former sole shareholder of a company that received a $65 million litigation settlement was liable for the taxes, and in particular the pre-notice interest component, despite having entered into a tax-shelter transaction.




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North Carolina Dept. of Revenue v. Kimberley Rice Kaestner 1992 Family Trust

(United States Supreme Court) - Clarified the limits of a State's power to tax a trust. Struck down a North Carolina requirement that a trust must pay income tax to the State whenever the trust's beneficiaries live in the State -- regardless of whether the beneficiaries have received, can demand, or will ever receive a distribution of trust income. Justice Sotomayor delivered the opinion for a unanimous Court, in this due process challenge brought by a family trust.




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Nobel Biocare Services AG v. Instradent USA, Inc.

(United States Federal Circuit) - A company appealed from the determination in an inter partes review that certain claims of its patent directed to dental implants were unpatentable. Affirming, the Federal Circuit concluded that the Patent Trial and Appeal Board did not err in its anticipation finding.




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Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc.

(United States Supreme Court) - Held that an inventor's sale of an invention to a third party who is obligated to keep the invention confidential can qualify as prior art for purposes of determining the patentability of the invention. The dispute here involved two pharmaceutical companies that disagreed about whether a certain drug was under patent; one of the companies wanted to market a generic version of it. Justice Thomas delivered the unanimous opinion.




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In re Ricardo P.

(Supreme Court of California) - Affirmed. Juvenile defendant was placed on probation for felony burglary. As a condition of his parole, he was required to submit to warrantless searches of his electronic devices, even though they were not used in connection with the burglaries. The appeals court struck the electronics search condition. The Supreme Court agreed stating the search of electronic devices was overbroad.




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Coventry Health Care of Mo., Inc. v. Nevils

(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.




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Rand Resources, LLC v. City of Carson

(Supreme Court of California) - In an opinion that clarifies the scope of the anti-SLAPP statute, the California Supreme Court held that only certain causes of action here arose from protected speech. In the underlying dispute, a developer had sued the City of Carson and another developer in connection with negotiations about the possibility of building a National Football League stadium in the city.




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Lomeli v. State Dept. of Health Care Services

(California Court of Appeal) - Affirmed. Plaintiff sued medical providers for birth injuries that were paid for through Medi-Cal. The Department of Health Care Services put a lien on the monies recovered from the medical providers. Plaintiff sought to remove lien. Court held that Medi-Cal was entitled to repayment and upheld the lien.




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Cargo Services Scam - HAPPY NEW YEAR to you and yours

A very long scam e-mail from Linda Zhong who lives in another dimension in time.




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NatWest Credit Card Services Banking Phishing Scam

An extremely legitimate looking phishing scam aimed at NatWest credit card holders.




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Cargo Services Spam - Integrate Shipping Ltd

A year later Ms Jane Tan is at it again.




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Job Offer Scam - Job Bank: Employment, Job Search, Careers, Computer Jobs

Cliff is offering you the job of shipping manager assistant. The problem is, there is no job, so there is no salary, only a scammer waiting to take your money. This is the worst type of scammer, taking money from unemployed people.




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Duthie v. Matria Healthcare, Inc.

(United States Seventh Circuit) - In a suit arising out of alleged fraud by officers of a corporation acquired by defendant, a preliminary injunction preventing defendant from proceeding with an arbitration hearing on the fraud claims is affirmed where the merger agreement between the two companies did not mandate arbitration of the types of claims defendant asserted against plaintiffs.




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Waldner v. Carr

(United States Eighth Circuit) - In a breach of contract action arising from failed negotiations for the acquisition and management of a financially struggling trucking company, summary judgment for defendants is affirmed where: 1) the alleged contract was merely an agreement to agree in the future and did not constitute a valid contract because the necessary Stock Purchase Agreement was never signed by the parties; and 2) because the memorandum explicitly stated that it was not the final contract, plaintiff could not have justifiably relied on its contents.




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Gonzalez v Department of Health Care Services

(California Court of Appeal) - Affirmed. Plaintiff appealed from order of the probate court denying their request that special needs trust be distributed to them rather than Department of Health Care Services. Appeals court found Department was entitled to reimbursement for Medi-Cal expenses.




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AIDS Healthcare Foundation, Inc. v. Gilead Sciences, Inc.

(United States Federal Circuit) - Affirming the dismissal of a declaratory judgment action filed against the producer of several antiviral drugs used in the treatment of AIDS by an organization providing medical care to AIDS sufferers seeking to have patents declared invalid because the action failed to meet the requirements of the Declaratory Judgment Act.




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Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc.

(United States Supreme Court) - Held that an inventor's sale of an invention to a third party who is obligated to keep the invention confidential can qualify as prior art for purposes of determining the patentability of the invention. The dispute here involved two pharmaceutical companies that disagreed about whether a certain drug was under patent; one of the companies wanted to market a generic version of it. Justice Thomas delivered the unanimous opinion.





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Tucker Carlson: 'Sociopath' Adam Schiff 'Unfit to Hold Office,' 'He Should Resign'

Friday, Fox News Channel's Tucker Carlson called on Rep. Adam Schiff (D-CA) to resign given how the saga regarding former National Security Advisor Michael Flynn has unfolded, calling the California Democrat a "sociopath."




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Packingham v. North Carolina

(United States Supreme Court) - Conviction under a North Carolina law that makes it a felony for a registered sex offender 'to access a commercial social networking Web site where the sex offender knows that the site permits minor children to become members or to create or maintain personal Web pages,' N. C. Gen. Stat. Ann. sections14-202.5(a) and (e), is reversed where the North Carolina statute impermissibly restricts lawful speech in violation of the First Amendment.




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Adhav v. Midway Rent A Car, Inc

(California Court of Appeal) - Affirmed. Plaintiff brought a class action against Defendant alleging Insurance Code violations and unfair business practices for the insurance rates Defendant charged in its car rental business. The trial court found no illegal or fraudulent business practice or any economic injury. Judgment was entered in favor of the Defendant.




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DeFox Records Launch Card Disk

Respecting The Environment And A More Sustainable Future, Against Waste And The Use Of Plastic, DeFox Records Will Launch A Special Limited Edition Of Card Disk On The Market.




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Internationally Acclaimed Soul Artist CORNELL “CC” CARTER To Release New Single “I SEE LOVE” From Upcoming Album ABSOULUTELY

CC Is Now Set To Unleash His Highly Anticipated New Single “I SEE LOVE” On All Digital Services August 9, 2019.




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People v. Caro

(Supreme Court of California) - On an automatic appeal, affirmed a death sentence imposed on a woman for killing three of her children.




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In re Ricardo P.

(Supreme Court of California) - Affirmed. Juvenile defendant was placed on probation for felony burglary. As a condition of his parole, he was required to submit to warrantless searches of his electronic devices, even though they were not used in connection with the burglaries. The appeals court struck the electronics search condition. The Supreme Court agreed stating the search of electronic devices was overbroad.




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Police Investigating Credit Card Fraud Incidents

The Bermuda Police Service’s Financial Crime Unit is investigating credit card fraud, with at least three establishments reporting that goods...