(United States First Circuit) - In a dispute between two monasteries for copyright infringement of a religious text, district court's judgment in favor of the plaintiff is affirmed, as the plaintiff has established both elements of an infringement claim of actual copying and actionable copying, and all of the defenses set forth by the defendant are without merit.

(Supreme Court of California) - Reversing the judgment of the Court of Appeal insofar as it determined that a 2011 analysis of greenhouse gas emission impacts prepared as part of a project for the development of transportation infrastructure in San Diego was inadequate and required revision.

(United States Ninth Circuit) - Ordering the district court to vacate orders prohibiting the petitioner from expressing their views on litigation or republishing public documents over social media platforms, and requiring them to post a disclaimer prohibiting comment on the litigation because this amounted to prior restraint on their First Amendment rights.

(United States Second Circuit) - Reversed summary judgment for an apparel company in its trademark infringement action. A company that sold leather jackets branded ROGUE contended that a commercial brewery that sold ROGUE-branded beer had infringed its trademark by using the name on t‐shirts and hats. The Second Circuit held that the apparel company was not entitled to summary judgment, because the brewery was the senior user and the evidence did not show that it was precluded by laches.

(United States Second Circuit) - Reversed summary judgment for an apparel company in its trademark infringement action. A company that sold leather jackets branded ROGUE contended that a commercial brewery that sold ROGUE-branded beer had infringed its trademark by using the name on t‐shirts and hats. The Second Circuit held that the apparel company was not entitled to summary judgment, because the brewery was the senior user and the evidence did not show that it was precluded by laches.

(California Court of Appeal) - Held that there was no need to disqualify a city attorney's office from representing the city in a police officer's employment lawsuit. The officer argued that disqualification was necessary because she had been forced to answer questions about her lawsuit during a police internal affairs interview about another matter. Ordered the trial court to vacate its order disqualifying the city attorney's office.

(United States Ninth Circuit) - Ordering the district court to vacate orders prohibiting the petitioner from expressing their views on litigation or republishing public documents over social media platforms, and requiring them to post a disclaimer prohibiting comment on the litigation because this amounted to prior restraint on their First Amendment rights.

(California Court of Appeal) - In a case in which the Court of Appeals previously dismissed the appeal of plaintiffs from a nonappealable stipulated judgment pursuant to a settlement agreement, and the parties entered into an amended stipulated judgment, the trial court's decision is reversed where: 1) the amended stipulated judgment is final and appealable and the court's opinion, with respect to the trespass and nuisance claims only, is not advisory; 2) on the merits, plaintiffs were legally entitled to present evidence of plaintiff's emotional distress on their claims for trespass and nuisance as annoyance and discomfort damages recoverable for such torts; and 3) the trial court excluded evidence of emotional distress damages in their entirety.

(California Court of Appeal) - Upheld a cleanup and abatement order issued to a utility company, which was found to be a responsible party for pollution in San Diego Bay, nearby which it operated a power plant for many years. Affirmed the denial of the company's petition for writ relief.

(California Court of Appeal) - Affirmed on summary judgment that a YMCA was not liable for negligence in the death of a man who died of sudden cardiac arrest after playing soccer on a YMCA-owned field that was rented to a nonmember league. Held that the YMCA had no common-law duty of care to provide hands-on usage of an automatic external defibrillator on the facts here.

(California Court of Appeal) - Held that the California Coastal Commission did not act contrary to law in refusing to certify the San Diego Unified Port District's proposed master plan amendment authorizing a hotel development project, in a reversal of the trial court.

(California Court of Appeal) - Upheld the City of San Diego's decision to approve an environmental impact report addendum for an urban park project. Affirmed the denial of a citizen group's petition for writ of mandamus.

(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.

(California Court of Appeal) - Upheld a cleanup and abatement order issued to a utility company, which was found to be a responsible party for pollution in San Diego Bay, nearby which it operated a power plant for many years. Affirmed the denial of the company's petition for writ relief.

(Supreme Court of California) - Reversed. The City of San Diego authorized medical marijuana dispensaries. It decided that the dispensaries did not constitute a project for the purposes of the California Environmental Quality Act, so an environmental review was not necessary. Plaintiff challenged the failure to conduct an environmental review. The appeals court agreed with the City’s assessment. The Supreme court ruled that an improper test was applied under Public Resources Code section 21065 to determine whether a review was necessary or not. The case was remanded for further proceedings.

(United States Ninth Circuit) - Denied the federal government's petition for mandamus to stop a lawsuit alleging that the government is ignoring the dangers of climate change. This lawsuit was brought by a number of children and young adults who accuse federal officials of violating their due process rights by failing to take action to address climate change. Having previously denied the government's first mandamus petition, the panel concluded that no new circumstances justify this second mandamus petition and the case is currently set for trial.

(Supreme Court of California) - Reversed. The City of San Diego authorized medical marijuana dispensaries. It decided that the dispensaries did not constitute a project for the purposes of the California Environmental Quality Act, so an environmental review was not necessary. Plaintiff challenged the failure to conduct an environmental review. The appeals court agreed with the City’s assessment. The Supreme court ruled that an improper test was applied under Public Resources Code section 21065 to determine whether a review was necessary or not. The case was remanded for further proceedings.

(Supreme Court of California) - Reversed. The City of San Diego authorized medical marijuana dispensaries. It decided that the dispensaries did not constitute a project for the purposes of the California Environmental Quality Act, so an environmental review was not necessary. Plaintiff challenged the failure to conduct an environmental review. The appeals court agreed with the City’s assessment. The Supreme court ruled that an improper test was applied under Public Resources Code section 21065 to determine whether a review was necessary or not. The case was remanded for further proceedings.

(IN Court of Appeals) - Court of Appeals Case No. 19A-PL-141

BELEAF, Which Releases In Stores And Online Worldwide August 16, 2019, Is A 14-track Powerhouse That Promises To Be Their Strongest, Clearest, And Most Authentic Work Yet.

(United States Ninth Circuit) - Affirmed in part, reversed in part. The complaint did not plausibly allege Plaintiff was placed on the Child Abuse Central Index as retaliation. However, it did plausibly allege that Plaintiff engaged in protected activity and that retaliation was the but-for motive for the social worker’s actions.

It’ll take more than a probing, eight-inch nasal swab to keep Justin Gaethje from taking his shot at a UFC title belt. Even an interim one.

(United States Ninth Circuit) - Affirming the district court's dismissal of an antitrust claim alleging anti-competitive activities engaged in by a labor union and a multi-employer collective bargaining association, holding that nonstatutory exemption, the Noerrr-Pennington doctrine, and Sherman Act immunized defendants' activities.

From TFOI Toby Guerin: I thought that I would share an exercise which we posted this week through the Workplace Mediation Service at University of Maryland, Baltimore.  It can be easily adapted for classes and other environments. Several years ago Andrea Schneider and others wrote an article, “Cooking Up a Deal: Negotiation Recipes for Success.”  … Continue reading Toby Guerin’s Negotiation Exercise →

I won’t pretend to keep up with everything being written in the ADRsphere if you will promise the same. Having confessed that, and consistent with the regret implied in that confession, I thought I would offer an easy-to-skim Table of Contents view of the last two issues of Negotiation Journal – – a publication I commend … Continue reading Negotiation Journal : most recent two issues →

In what seems like a decade ago (but was only early March), the ever talented Liz Tippett interviewed me for her brilliant Oregon Law Lab (in person!) about Trump’s Art of the Deal.  Spoiler alert:  We conclude that the book should best be read as a handbook for how to deal with lying…  Enjoy!

A Review Of "Fuego" By Canadian Artist Prince Amine

It’ll take more than a probing, eight-inch nasal swab to keep Justin Gaethje from taking his shot at a UFC title belt. Even an interim one.

Beloved Denver bookstore chain the Tattered Cover plans to move out of its historic LoDo space and into something much more contemporary next year.

It’ll take more than a probing, eight-inch nasal swab to keep Justin Gaethje from taking his shot at a UFC title belt. Even an interim one.

It’ll take more than a probing, eight-inch nasal swab to keep Justin Gaethje from taking his shot at a UFC title belt. Even an interim one.

Kevin and Tyga are gangsters on the low.

Dig Comic View? Then you'll dig these comedians as well.

Dig Comic View? Then you'll dig these comedians as well.

'The Real' co-host has a vision of her special day.

Masego talked all things music and his DM to H.E.R.

The neighborhood has a history of white supremacy..

The neighborhood has a history of white supremacy..

UC San Diego Health launches pilot project using drones to move medical samples, supplies and documents between Jacobs Medical Center, Moores Cancer Center and the Center for Advanced Laboratory Medicine, speeding delivery of services and patient care currently managed through ground transport.

“The most difficult part was persuading our children that they had the freedom to make anything they wanted,” writes mom Anam Ahmed at Let Grow. (Click here!) …Like most kids, my children live prescheduled lives (at least they did in “the time before”). At school, someone tells them when to play outside and when to […]

The Ursa Majors are ready for votes and the nominees have been revealed. Voting can be found at their website and is open throughout the month of March. Two categories, however, received no nominees due to being an insufficient number of nominations and will not be put up to vote for a winner. Those two categories being Fursuits and Non-Fiction.

If you enjoy film, fiction, art, or any other of the many items that are up for selection as the best of the best for the year of 2019 be sure to vote this month. If you like non-fiction or fursuits, well, you can always be sure to nominate next year.

The nominees are:

read more

Erowid Exp108047

IBM and the University of California San Diego have announced a multi-year project to enhance quality of life and independence for aging populations through the new Artificial Intelligence for Healthy Living Center (AIHL), located on the campus of UC San Diego. The groundbreaking center will bring together the technology, artificial intelligence and life sciences knowledge of IBM and UC San Diego to promote critical research and applications in two thematic areas: Healthy Aging and the Human Microbiome.

El actual entorno tecnológico impulsa a las empresas a transformar sus modelos de negocio en un escenario en donde, según la Organización para la Cooperación y el Desarrollo Económicos (OCDE), el 25% de la economía mundial será digital en los próximos cinco años. De esta forma, el uso de nuevas tecnologías se vuelve la pieza clave para asegurar tanto competitividad, como su alto desempeño.

IBM anunció hoy la primera plataforma de servicios basada en IBM Watson y construida en IBM Cloud para aumentar la inteligencia humana y ayudar a mejorar las operaciones de los proveedores de servicios a través de tecnologías cognitivas.

IBM anuncia el lanzamiento de IBM Cloud Private, una plataforma de software creada para los clientes que requieren la flexibilidad y capacidad de una nube pública en un ambiente privado. IBM Cloud Private transforma los sistemas de TI (Tecnologías de la Información) en un ambiente de nube flexible para crear un puente hasta las nubes públicas y acelerar el desarrollo de aplicativos.

Seguridad, aplicaciones estratégicas y analítica móvil son clave para que las organizaciones inteligentes mejoren sus resultados