On Monday, May 7, 2012, the White House honored fourteen individuals as Champions of Change for their efforts to advance access to science, technology, engineering, and math (STEM) for people with disabilities.
The Daily Planet team from the Discovery Channel Canada is hip. They highlight cool new technologies and explore interesting people, places and things. So, when their FutureTech team wanted to get a first-hand look at the New Mobile Workplace, they came to IBM.
(United States Fifth Circuit) - Held that a deceased man's ex-wife was entitled to a specified portion of his 401(k) retirement account balance. Affirmed a summary judgment ruling, in a dispute between his ex-wife and his widow.
(United States Ninth Circuit) - In a copyright action, arising from defendant's infringement of plaintiff's photos of the hip hop group Run-DMC for use on t-shirts and a calendar, the district court's grant of summary judgment to defendant Live Nation Merchandise is reversed where: 1) there is a triable issue of fact as to whether defendant's infringement was willful; and 2) plaintiff could prevail upon a showing that defendant knew that copyright management information had been removed from the photos.
(United States Fifth Circuit) - Held that the First Amendment's commercial speech protections entitled a company to operate automotive service centers under the name "Tire Engineers," even though a state board that licenses engineers objected to the use of the profession's occupational title. Reversed and rendered summary judgment in favor of the company, in this declaratory judgment action.
(United States Federal Circuit) - Reinstated a patent infringement claim relating to a design for a portable animal kennel. The patent owner insisted it should not be estopped by prosecution history from asserting its infringement claim against a competitor. Agreeing that estoppel did not apply, the Federal Circuit reversed the district court's judgment on the pleadings and remanded for further proceedings.
(California Court of Appeal) - Affirmed conviction. Remanded for sentencing. Defendant was convicted of several crimes including kidnapping with intent to commit a sex offense. The trial court found certain sentence enhancement applied. The appeals court affirmed the judgment, but found several sentencing errors.
(United States Federal Circuit) - Reinstated a patent infringement claim relating to a design for a portable animal kennel. The patent owner insisted it should not be estopped by prosecution history from asserting its infringement claim against a competitor. Agreeing that estoppel did not apply, the Federal Circuit reversed the district court's judgment on the pleadings and remanded for further proceedings.
(California Court of Appeal) - In appeal from denial of petition for writ of mandate that sought to overturn a decision of the Dental Board of California revoking petitioner's dental license, judgment is affirmed, where: 1) the penalty was authorized; and 2) the trial court did not abuse its discretion in revoking petitioner's dental license following her pleading no contest to a felony count of Medi-Cal fraud.
(United States First Circuit) - In dispute arising from a district court order preliminarily enjoining defendants from misappropriating plaintiff's trade secrets by selling computer mouse products similar to or derived from those made by plaintiff, order is affirmed where court properly upheld the validity of a non-disclosure agreement between the parties.
(United States First Circuit) - In an action for trade secret misappropriation and breach of contract, involving certain ergonomic computer mouse products, district court's judgment is: 1) reversed where the it erred in extending the injunction to defendant's ErgoRoller product because the record does not support the finding that defendant breached the NDA in producing this product; 2) affirmed where it did not err in the duration of the injunction as applied to the other enjoined products; and 3) affirmed where it did not err in jury instructions on lost profits, as but for the breach, plaintiff could have recovered the lost profits by employing another company to manufacture the products and selling them.
(United States Ninth Circuit) - In an enforcement action filed by the Securities and Exchange Commission (SEC) alleging that the defendants participated in a scheme to defraud investors by reporting millions of dollars in revenue that were never realized, the District Court's judgment in favor of defendant-corporate officers is vacated where: 1) Rule 13a-14 of the Securities Exchange Act provided the SEC with a cause of action not only against Chief Executive Officers and Chief Financial Officers who did not file the required certifications, but also against CEOs and CFOs who certified false or misleading statements; and 2) the disgorgement remedy authorized under Section 304 of the Sarbanes-Oxley Act applied regardless of whether a restatement was caused by the personal misconduct of an issuer's CEO and CFO or by other issuer misconduct.
(California Court of Appeal) - Affirming the dismissal of a shareholder derivative action filed in California because the forum selection provision on the company's certificate of incorporation designated Delaware as the forum for shareholder derivative actions.
(California Court of Appeal) - In an insurance coverage dispute, addressed whether the daughter of an insured car crash victim was entitled to benefits under an uninsured motorist policy. Affirmed a judgment on the pleadings.
(California Court of Appeal) - Affirmed denial of motion to compel arbitration. An employee bringing a Private Attorney General’s Act claim may not be compelled to arbitrate that portion of the claim that seeks to recover underpaid wages.
(United States Ninth Circuit) - Reversing a district court judgment to the plaintiffs following a bench trail in an action under the Multiemployer Pension Plan Amendment Act because the plaintiffs were required to assume the unpaid withdrawal liability of their predecessor to a multiemployer pension plan, a constructive notice standard applied and a reasonable purchaser would have been aware of the liability.
(California Court of Appeal) - In a dispute involving a dental practice, addressed the effect of a now-deceased partner's decision to assign his partnership interest to a trust. Reversed the decision below.
(United States Ninth Circuit) - In consolidated petitions for review brought by various power companies of FERC determinations that various energy companies committed tariff violations in California during the summer of 2000, the FERC determinations are affirmed where: 1) it did not arbitrarily and capriciously, or abuse its discretion in finding that electric sellers Shell Energy North America, LP, MPS Merchant Services, Inc., and Illinova Corporation violated the Cal-ISO tariff and Market Monitoring and Information Protocol; 2) FERC's Summer Period determinations regarding APX, Inc., and BP EnergyCo. were not arbitrary, capricious, or an abuse of discretion; and 3) because FERC's remedial order is not final, the panel lacked appellate jurisdiction over it.
(United States Federal Circuit) - In a case arising from the U.S. Department of Commerce's antidumping-duty investigation of multilayered wood flooring imports from the People's Republic of China, brought by Chinese entities that Commerce found had demonstrated their independence from the Chinese government and so deserved a separate antidumping-duty rate, not the so-called China-wide rate that applies to entities that had not shown their independence from the Chinese government, the Court of International Trade's decision affirming Commerce's findings is vacated where Commerce did not make the findings needed to justify departing from the congressionally approved 'expected method' applicable when all of the individually investigated firms have a zero or de minimis rate, which is the case here.
(United States Federal Circuit) - Affirming the US Court of International Trade's decision sustaining the International Trade Commission's finding that Chinese imports of crystalline silicon photovoltaic cells and modules were being dumped on the US market, damaging domestic industry, because these determinations were supported by substantial evidence on the record.
(California Court of Appeal) - Reversing an arbitration proceeding default award for hundreds of millions of dollars against a Chinese company that did not appear after service by mail in a Los Angeles action brought by an American investment partnership complaining of a breach of contract because the Hague Service Convention does not permit Chinese citizens to be served by mail, nor does it permit parties to set their own terms of service by contract.
(United States Ninth Circuit) - Grant of a preliminary injunction prohibiting defendant from infringing upon the trade dress of Hansen Beverage Company's line of "Monster" energy drinks with defendant's line of "Freek" energy drinks is reversed where the district court abused its discretion in determining that plaintiff was likely to succeed on the merits, as a finding of a likelihood of confusion was clearly erroneous.
(United States Federal Circuit) - Reinstated a patent infringement claim relating to a design for a portable animal kennel. The patent owner insisted it should not be estopped by prosecution history from asserting its infringement claim against a competitor. Agreeing that estoppel did not apply, the Federal Circuit reversed the district court's judgment on the pleadings and remanded for further proceedings.
(Court of Appeals of New York) - In an injury and tort action, brought against defendants ABC News, a hospital, and attending physician for the nonconsensual filming and subsequent broadcast of decedent's treatment and death at the hospital, the Appellative Division's order is modified and affirmed where: 1) the broadcasting of the footage as part of a documentary series about medical trauma was not so extreme and outrageous as to support an intentional infliction of emotional distress claim; but 2) plaintiffs have stated a cause of action against the hospital and treating physician for breach of physician-patient confidentiality.
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(California Court of Appeal) - Upheld a jury's finding that an investor was defrauded by an oil exploration company, which used his investment only to pay off preexisting debts. Affirmed the judgment, in relevant part.
(California Court of Appeal) - In an award for attorney's fees arising from an employment action in arbitration, the trial court's correction of an award of attorney's fees to plaintiff as opposed to defendant was affirmed where: 1) the arbitrator's award to employer-defendant was contrary to California Labor Code section 1194's one-way fee shifting provision; 2) statutory rights to attorney's fees are not waived or forfeited by an arbitration agreement; 3) trial court's remand to the arbitrator did not violate federal law; and 4) additional award of attorney's fees to plaintiff which was vacated as it was not supported by the arbitration agreement or statute.
(United States Fourth Circuit) - In a 42 U.S.C. section 1983 action, arising after defendant revoked plaintiff-restaurant's alcoholic beverage license and related consent decrees and following state court proceedings on the matter, the district court's dismissal for lack of subject matter jurisdiction is reversed and the case remanded where plaintiff's action is an independent, concurrent action challenging defendant's administrative actions and the Rooker-Feldman doctrine does not apply.
Rising Country Artist, Stephanie Ryann, Has Released Her First Music Video For The Song "Whiskey Regret" Off Of Her Debut, Self-titled EP To Commemorate The Anniversary Of Its Release Last October
Afghan farmers claim to have “no other choice” but to illegally grow poppies – a lucrative opium crop that fuels the country’s Taliban terror group – amid the economic downturn caused by the Chinese coronavirus pandemic, Radio Free Europe/Radio Liberty (RFE/RL) reported on Friday.
Discretion over acceptance of the DOJ's bid to drop charges against Michael Flynn lies with a left-wing judge, explained Hans von Spakovsky.
On Friday’s broadcast of HBO’s “Real Time,” host Bill Maher discussed the sexual assault allegations made by Tara Reade against 2020 Democratic presidential candidate former Vice President Joe Biden and stated that the matter is a he said, she said,
Afghanistan's government has freed 933 Taliban prisoners since the terrorists agreed to a peace deal with the U.S. in February, Pakistani newspaper Dawn reported on Friday.
(United States Ninth Circuit) - Held that an engineering company could not proceed with a class action lawsuit alleging that its former concrete supplier unlawfully recorded cellular phone users' calls without their consent. Affirmed an order decertifying the class on the ground that the class representative lacked individual standing.
Follow No One, Colorado-based Vocalist Rich Hall And Portuguese Guitarist Pedro Murino Almeida, Won Best Rock Act At The 2019 JMAs In Dollywood.
May 8 saw 126 shares trade on the Bermuda Stock Exchange, valued at $3,886.50 BD. 126 shares were traded by Ascendant Group Limited, closing down...
As of Monday [May 11], HSBC’s Harbourview, St. Georges and Somerset branches will open on weekdays from 9.00am through 1.00pm “to provide...
(California Court of Appeal) - In a car purchaser's successful lemon law suit, held that the trial court used an improper method to determine reasonable attorney fees. Remanded for a recalculation of the fee award.
Rising Country Artist, Stephanie Ryann, Has Released Her First Music Video For The Song "Whiskey Regret" Off Of Her Debut, Self-titled EP To Commemorate The Anniversary Of Its Release Last October
Celebrate Hispanic Heritage Month With Tito Puente Jr And His Latin Jazz Ensemble Featuring Special Guest Melina Almodovar At The Julius Littman Theater